Alaska, October, 2005, State Case law

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State Courts - Alaska - October 14 - October 26, 2005

Enders v. Parker, Supreme Court No. S-11437, No. 5947, SUPREME COURT OF ALASKA, October 14, 2005, Decided
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Overview: Personal representative was not entitled to recover attorney's fees and costs following an unsuccessful challenge to will because superior court correctly ruled that "good faith" required under Alaska Stat. ? 13.16.435 was implied, not conclusively established. Also, personal representative did not act with intent to benefit will's successors.

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Ranney v. Whitewater Eng'g, Supreme Court No. S-11442, No. 5949, SUPREME COURT OF ALASKA, October 14, 2005, Decided
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Overview: Noting Alaska Stat. ??23.30.215 provided for the payment of death benefits to "widow" of deceased, workers' compensation board did not err when it ruled unmarried cohabitant?was not eligible for death benefits after work-related death of her long-term partner as they had never been married and that did not deprive her of her constitutional rights.

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State v. Kalmakoff, Court of Appeals No. A-8911, No. 2015, COURT OF APPEALS OF ALASKA, October 14, 2005, Decided
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Overview: The Blakely decision did not apply to the Alaska juvenile waiver procedure; therefore, the trial court erred when it entered an order vacating its prior decision waiving juvenile jurisdiction over juvenile under Alaska Stat. ? 47.12.100.

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State v. Wise, Supreme Court No. S-11656, No. 5948, SUPREME COURT OF ALASKA, October 14, 2005, Decided
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Overview: The superior court erred by making an order modifying child support effective on the date the State filed its motion to modify, rather than from the date that it served the parents the notice of petition. An administrative delay was not a sufficient reason to diverge from the presumptive effective date under Alaska R. Civ. P. 90.3(h)(2).

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Clugston v. Langham, Supreme Court No. S-11736, No. 1224, SUPREME COURT OF ALASKA, October 19, 2005, Decided
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Overview: In a child support dispute, trial court did not err, pursuant to Alaska R. Civ. P. 90.3, in awarding child support because although trial court accepted mother's second affidavit, instead of her first, gross incomes in both affidavits were about the same. Also, the supreme court rejected father's contentions that the rule was unconstitutional.

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Coffman v. State, Court of Appeals No. A-8959, No. 5015, COURT OF APPEALS OF ALASKA, October 19, 2005, Decided
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Overview: In a post-conviction proceeding, the superior court erred by allowing appellant to represent herself without advising of her right to counsel or inquiring whether she was willing to waive that right.

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Randy P. v. Dep't of Health & Social Servs., Supreme Court No. S-11654, No. 1225, SUPREME COURT OF ALASKA, October 19, 2005, Decided
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Overview: Incarcerated father's parental rights were properly terminated, under Alaska Stat. ? 47.10.080(o) and Alaska Stat. ? 47.10.088, because father failed to present adequate alternative. Father's proposal, which was placement with his mother, was unacceptable because of her criminal record, and she could not take custody of child's half-sibling.

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Stithem v. State, Court of Appeals No. A-8902, No. 5016, COURT OF APPEALS OF ALASKA, October 26, 2005, Decided
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Overview: In sentencing following defendant's no contest plea to sexual abuse, defendant's Sixth Amendment right to an impartial jury at sentencing was not violated when defendant's net 4-year sentence did not exceed presumptive term pursuant to Alaska Stat. ? 12.55.125.

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