Alaska, August, 2004, State Case law

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State Courts - Alaska - August 25 - September 3, 2004

Carpentino v. State, Court of Appeals No. A-8589, No. 4917, COURT OF APPEALS OF ALASKA, August 25, 2004, Decided
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Overview: Where an officer saw defendant's car cross the fog line several times, the officer had reasonable suspicion to justify the traffic stop; defendant was not entitled to suppress evidence gathered after he was stopped.

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Johnson v. State, Court of Appeals No. A-7401, No. 4918, COURT OF APPEALS OF ALASKA, August 25, 2004, Decided
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Overview: In murder case, trial judge properly refused to admit photo of rifle inside victim's cabin because it had little probative value and provided scant support for self-defense claim, as defendant had not seen victim with rifle for about nine years.

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Powell v. City & Borough of Sitka, Court of Appeals No. A-8646, No. 4916, COURT OF APPEALS OF ALASKA, August 25, 2004, Decided
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Overview: Defendant's DWI charge was rightly not dismissed, as appeals court did not believe there was statutorily imposed duty on police to administer breath test to all DWI arrestees; even if such duty existed, dismissal was not remedy for its violation.

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Frank v. State, Court of Appeals No. A-8579, No. 1948, COURT OF APPEALS OF ALASKA, August 27, 2004, Decided
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Overview: Parole board was ordered to revise its decision denying inmate's parole application where the board did not satisfy statutory requirement to specify the basis for its decision in writing, but instead gave generic reasons on pre-printed form.

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State v. Crocker, Court of Appeals No. A-8462, No. 1949, COURT OF APPEALS OF ALASKA, August 27, 2004, Decided
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Overview: Defendant was entitled to suppress marijuana plants seized from his home pursuant to a search warrant because the State's warrant application failed to establish probable cause to believe that defendant's possession of marijuana was illegal.

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Burk v. State, Court of Appeals No. A-8767, No. 4920, COURT OF APPEALS OF ALASKA, September 1, 2004, Decided
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Overview: The imposition of a seven-year term to serve following defendant's guilty plea did not violate the Mutschler rule and given that he committed several crimes and victimized several individuals, his substantial sentence was not clearly erroneous.

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Herman v. State, Court of Appeals No. A-8467, No. 4919, COURT OF APPEALS OF ALASKA, September 1, 2004, Decided
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Overview: The trial court properly denied defendant post-conviction relief where he failed to offer evidence regarding witnesses who had not been interviewed or the relevance of evidence not admitted, and counsel's self-defense theory was properly advanced.

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Ruth S. v. State, Supreme Court No. S-11210, No. 1180, SUPREME COURT OF ALASKA, September 1, 2004, Decided
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Overview: On mother's appeal of termination of parental rights, judgment was affirmed; because of mother's ongoing struggle with alcohol, including multiple relapses after treatment, trial court's decision not to hold termination in abeyance was not error.

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City of Bethel v. Peters, Supreme Court No. S-10864, No. 5829, SUPREME COURT OF ALASKA, September 3, 2004, Decided
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Overview: In a negligence suit brought against the city by a senior citizen who fell at a city-owned senior center, a redacted report recommending safety bars was properly admitted. The question of severe disfigurement was also properly submitted to the jury.

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Marshall v. First Nat'l Bank Alaska, Supreme Court No. S-10989, No. 5830, SUPREME COURT OF ALASKA, September 3, 2004, Decided
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Overview: Statute authorized surcharge and did not require trustee's bad faith in opposing beneficiary's trustee substitution action; thus, trial court erred in denying beneficiary's surcharge claim without considering if fees charged to trust were excessive.

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