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| David v. State, Court of Appeals No. A-8698, No. 2017,
COURT OF APPEALS OF ALASKA, November 10, 2005, Decided
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Overview: In a second-degree murder case, defendant's 30 year sentence was not excessive, Alaska Stat. § 11.41.110(b), where the court noted that the murder was not a simple assault with a deadly result, but was closer to murder in the first degree, and although defendant's accomplice was the primary perpetrator, defendant aided and abetted the accomplice.
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| In re Adoption of Sara J., Supreme Court Nos. S-11301/S-11312, No. 5957,
SUPREME COURT OF ALASKA, November 10, 2005, Decided
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Overview: Court properly found that the prevailing social and cultural standards in 25 U.S.C.S. § 1915 did not govern the "good cause" standard, but remained relevant if the good cause inquiry raised questions about the suitability of a statutorily preferred placement.
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| Killary v. Killary, Supreme Court No. S-11639, No. 5956,
SUPREME COURT OF ALASKA, November 10, 2005, Decided
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Overview: Where the parties' child ran away, did not live with the mother, and the mother was not financially supporting the child, the trial court erred by reinstating the father's child support obligation under Alaska R. Civ. P. 90.3 absent a showing that the mother incurred expenses in an effort to find the child and to maintain a suitable place for her.
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| Marron v. Stromstad, Supreme Court No. S-10888, No. 5955,
SUPREME COURT OF ALASKA, November 10, 2005, Decided
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Overview: Where expert testimony was plainly derived from experience--not from the scientific method--and was not dependent on sophisticated scientific theory, Daubert did not apply; the admission of such testimony was not dependent on satisfying the Daubert requirements.
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| Snelling v. State, Court of Appeals No. A-8950, No. 2018,
COURT OF APPEALS OF ALASKA, November 10, 2005, Decided
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Overview: Where defendant was convicted of possession of cocaine, aggravator Alaska Stat. § 12.55.155(c)(7) was properly applied. Prior federal felony robbery was more serious class of felony than current offense; robbery in any form was more serious class of felony than possession of cocaine without intent to distribute. Sixth Amendment was not implicated.
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| Holden v. State, Court of Appeals No. A-8780, No. 5019,
COURT OF APPEALS OF ALASKA, November 16, 2005, Decided
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Overview: An applicant for post-conviction relief alleged ineffective assistance of counsel because his trial attorney failed to move to suppress evidence, based on an alleged violation of Alaska Stat. § 12.25.150(b), of his refusal to take a breath test. Application was properly denied because of failure to overcome presumption of tactical decision.
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| Hugo v. State, Court of Appeals No. A-8898, No. 5020,
COURT OF APPEALS OF ALASKA, November 16, 2005, Decided
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Overview: Defendant was convicted of importation of alcoholic beverages. Even though some information presented to district court could have been unreliable, information from a tip was sufficiently reliable; issuance of warrant was proper because district court had probable cause to believe crime was being committed, and evidence would be found in box.
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| Jackson v. State, Court of Appeals No. A-8863, No. 5021,
COURT OF APPEALS OF ALASKA, November 16, 2005, Decided
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Overview: Where appellant was convicted of arson, the fact that another suspect later confessed to the crime did not provide clear and convincing evidence of appellant's innocence. Appellant's application for post-conviction relief under Alaska Stat. § 12.72.020(b)(2) was properly denied.
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| Jim Psenak Constr. v. State, Supreme Court No. S-11478, No. 1228,
SUPREME COURT OF ALASKA, November 16, 2005, Decided
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Overview: Default forfeiture of a government contract was proper, Alaska Stat. § 36.30.687, where a contractor intentionally misrepresented to the State the quantities of excavation his company had performed; the contractor specifically instructed an employee to report accumulated quantities to trick the State into overpaying.
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