Alaska, October, 2003, State Case law

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State Courts - Alaska - October 22 - October 29, 2003

Devoe v. Municipality of Anchorage, Court of Appeals No. A-8094, No. 4779, COURT OF APPEALS OF ALASKA, October 22, 2003, Decided
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Overview: Where defendant was convicted of assaulting a family member causing his probation to be revoked in two cases, the district judge erred by failing to refer the probation revocations to the original sentencing judge.

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Moses v. State, Court of Appeals No. A-8227, No. 4781, COURT OF APPEALS OF ALASKA, October 22, 2003, Decided
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Overview: The post-conviction court erred in dismissing an inmate's untimely petition for relief and granting his counsel's motion to withdraw; there was reason to believe that the inmate's case fell within an exception to the statute of limitations.

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Schwartz v. Smith, Supreme Court No. S-10627, No. 1146, SUPREME COURT OF ALASKA, October 22, 2003, Decided
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Overview: A trial court did not err when it denied a contractor a new trial, because the jury was in the best position to judge the credibility of the witnesses in a tort action brought by a property owner and his visitor against the contractor.

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Thompson v. State, Court of Appeals No. A-8043, No. 4780, COURT OF APPEALS OF ALASKA, October 22, 2003, Decided
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Overview: Inmate was not permitted to file an amended petition for post-conviction relief asserting new claims outside the statute of limitations period. He was not entitled to attend the hearing on the motion and the court properly denied the motion.

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Underwood v. State, Court of Appeals No. A-8247, No. 4782, COURT OF APPEALS OF ALASKA, October 22, 2003, Decided
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Overview: In defendant's trial for driving while intoxicated, statements defendant made to police at the hospital where he was treated for injuries and the results of chemical sobriety tests performed by medical personnel were admissible against him.

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Great Divide Ins. Co. v. Carpenter, Supreme Court Nos. S-9774/9843, No. 5746, SUPREME COURT OF ALASKA, October 24, 2003, Decided
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Overview: In an injured child's covenant settlement agreement case, a court erred by awarding punitive damages where the appropriate standards relating to notice of punitive damages claims were not satisfied.

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Larson v. State, Court of Appeals No. A-8208, No. 1904, COURT OF APPEALS OF ALASKA, October 24, 2003, Decided
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Overview: Inmate's petition for post-conviction relief was properly denied where it was based on juror affidavits stating that opinions were formed and announced and discussion was had of the merits of the case before jury deliberations.

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Ackerman v. State, Court of Appeals No. A-8411, No. 4785, COURT OF APPEALS OF ALASKA, October 29, 2003, Decided
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Overview: Trial court properly denied defendant's motion to suppress; officer's testimony at suppression hearing that he stopped defendant because his tail lights were broken constituted probable cause to justify the traffic stop.

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Reavis v. State, Court of Appeals No. A-8588, No. 4784, COURT OF APPEALS OF ALASKA, October 29, 2003, Decided
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Overview: Defendant's sentence for conviction of robbery in the first degree was not excessive; because the victim sustained physical injury as a direct result of defendant's conduct, an aggravating factor supported imposition of additional suspended sentence.

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Tunnell v. State, Court of Appeals No. A-8469, No. 4783, COURT OF APPEALS OF ALASKA, October 29, 2003, Decided
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Overview: Court affirmed dismissal of an application for post-conviction relief; attorney gave tactical reasons for why he did not file suppression motion, and appellant did not rebut presumption that decisions were prompted by sound tactical considerations.

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