Alaska, September, 2003, State Case law

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State Courts - Alaska - September 12 - September 19, 2003

Baxter v. State, Court of Appeals Nos. A-7982, A-7996, & A-7998, No. 1898, COURT OF APPEALS OF ALASKA, September 12, 2003, Decided
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Overview: In a drug case, where defendant was arrested for driving without a valid license, a police officer properly searched her wallet because the officer had probable cause to believe that defendant was guilty of possession of illicit drugs.

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In re Adoption of Bernard A., Supreme Court No. S-10771, No. 5735, SUPREME COURT OF ALASKA, September 12, 2003, Decided
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Overview: A superior court did not abuse its discretion in weighing best-interest factors or clearly err in finding that a child's interests were best served by granting the adoption petition of foster parents with whom he had resided for 30 of his 37 months.

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Johnson v. State, Court of Appeals No. A-7401, No. 1900, COURT OF APPEALS OF ALASKA, September 12, 2003, Decided
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Overview: Defendant was entitled to zealous representation by an attorney because he had two non-frivolous claims in his appeal from a murder conviction, the exclusion of a photograph supporting claim of self-defense and the imposition of the maximum sentence.

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Martin N. v. State, Supreme Court No. S-10754, No. 5736, SUPREME COURT OF ALASKA, September 12, 2003, Decided
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Overview: A court properly terminated a father's parental rights where, although the father had never physically harmed the child, the father posed a risk of future harm to the child because he physically abused the child's mother during pregnancy.

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Olson v. State, Court of Appeals No. A-8379, No. 1899, COURT OF APPEALS OF ALASKA, September 12, 2003, Decided
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Overview: Where inmate never received notice of hearing for protective order, and his attorney never raised that as a defense at the trial for violating the protective order, the inmate was entitled to post-conviction relief and his conviction was reversed.

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Delolli v. State, Court of Appeals No. A-8263, No. 4758, COURT OF APPEALS OF ALASKA, September 17, 2003, Decided
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Overview: Prosecutor did not violate the duty to present exculpatory evidence to grand jury as it did not negate defendant's guilt in its own right. Victim's unlawful entry of defendant's cab ended when defendant pushed the victim away from the vehicle.

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Hammock v. State, Court of Appeals No. A-8333, No. 4757, COURT OF APPEALS OF ALASKA, September 17, 2003, Decided
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Overview: Trial judge properly denied defendant's suppression motion where the interview between defendant and the two police officers was not custodial, not until the officer asked to perform field sobriety tests and arrested defendant.

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James G. v. State, Supreme Court No. S-10795, No. 1141, SUPREME COURT OF ALASKA, September 17, 2003, Decided
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Overview: There was no clear error in the trial court's child in need of aid determination as there was ample evidence that the children were either physically or emotionally abused, or at substantial risk of physical or mental injury.

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Lee v. State, Court of Appeals No. A-8147, No. 4759, COURT OF APPEALS OF ALASKA, September 17, 2003, Decided
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Overview: Defendant did not show that the trial judge's sentencing decision was clearly mistaken where the judge considered defendant's youth and potential for rehabilitation, but also considered defendant's criminal history and seriousness of the crime.

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Grimm v. Wagoner, Supreme Court No. S-10953, No. 5737, SUPREME COURT OF ALASKA, September 19, 2003, Decided
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Overview: In an election contest, the proper standard of review was substantial compliance, and judgment for the candidate was affirmed, as the voters failed to prove that the candidate's failure to disclose had an effect on the outcome of the election.

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