Alaska, October, 2004, State Case law

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State Courts - Alaska - October 6 - October 13, 2004

Cortez v. State, Court of Appeals No. A-8729, No. 4932, COURT OF APPEALS OF ALASKA, October 6, 2004, Decided
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Overview: Although defendant's post-conviction relief petition was time barred as to earlier conviction, it was not barred with respect to present drug conviction. Defendant could bring successive petitions to allege ineffective assistance of counsel.

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Gondek v. State, Court of Appeals No. A-8140, No. 4933, COURT OF APPEALS OF ALASKA, October 6, 2004, Decided
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Overview: Trial judge properly ensured that defendant knowingly and intelligently waived his right to counsel where judge discussed the risks of proceeding without counsel on three separate occasions and inquired into his competence to stand trial.

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In re Guardianship of R.D.V., Supreme Court No. S-11335, No. 1184, SUPREME COURT OF ALASKA, October 6, 2004, Decided
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Overview: Trial court properly denied child's aunt's request for guardianship change and limited her visitation as best interests of child provisions of Indian Child Welfare Act did not apply to guardianship and stepfather was appointed under valid decree.

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Rohaley v. Compere, Supreme Court No. S-11004, No. 1185, SUPREME COURT OF ALASKA, October 6, 2004, Decided
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Overview: Settlement agreement was upheld where it contained all the terms that were material to the agreement and appellant's finding an expert to support his original argument about easement did not constitute newly-discovered evidence.

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Sandidge v. Alaska Prof'l Teaching Practices Comm'n, Supreme Court No. S-10939, No. 1186, SUPREME COURT OF ALASKA, October 6, 2004, Decided
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Overview: The trial court properly dismissed the principal's appeal from the revocation of his teaching certificates where he failed to pay all reasonable costs incurred in connection with preparing the transcript and the court's copy of the agency file.

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Brown v. Patriot Maint., Inc., Supreme Court No. S-10955, No. 5835, SUPREME COURT OF ALASKA, October 8, 2004, Decided
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Overview: Employee's claim for disability benefits was properly denied, as rule that doubtful medical evidence should be resolved in employee's favor did not apply where medical evidence rejecting causation was unequivocal and lay evidence was not ignored.

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Maloney v. Progressive Specialty Ins. Co., Supreme Court No. S-10950, No. 5836, SUPREME COURT OF ALASKA, October 8, 2004, Decided
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Overview: An insurer offering to pay policy limits to an unrepresented claimant under the terms of a motor vehicle insurance policy had no duty to include attorney's fees as part of its settlement offer.

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Matanuska Elec. Ass'n v. Chugach Elec. Ass'n, Supreme Court No. S-10598/10618, No. 5838, SUPREME COURT OF ALASKA, October 8, 2004, Decided
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Overview: On electric association's appeal in breach of contract case, judgment was reversed; electricity seller's failure to refinance its bond debt violated the good faith and prudent utility practice provisions of the parties' agreement.

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Nunley v. State, Supreme Court No. S-11030, No. 5837, SUPREME COURT OF ALASKA, October 8, 2004, Decided
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Overview: On father's appeal of child support order, judgment was affirmed; evidence of his voluntary underemployment was substantial and amount of income imputed to him was reasonable given his skills, education, and experience.

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Butler v. State, Court of Appeals No. A-8622, No. 4934, COURT OF APPEALS OF ALASKA, October 13, 2004, Decided
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Overview: Defendant alleged his attorney rendered ineffective assistance for failing to move to dismiss his weapons misconduct charge; however, he failed to plead facts that would have shown that this charge and an earlier misdemeanor had same elements.

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