Alaska, December, 2005, State Case law

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State Courts - Alaska - December 21 - December 23, 2005

Fox v. State, Court of Appeals No. A-8681, No. 5029, COURT OF APPEALS OF ALASKA, December 21, 2005, Decided
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Overview: Blakely did not require a trial judge applying the Neal-Mutschler rule to submit factual issues to a jury, the application of the Neal-Mutschler rule to the facts was not clearly mistaken, and defendant's right to due process was not violated and his sentence was not excessive, given the aggravating factors found under Alaska Stat. ? 12.55.155.

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Marshall v. Antal, Supreme Court No. S-11583, No. 1233, SUPREME COURT OF ALASKA, December 21, 2005, Decided
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Overview: Trial court did not abuse discretion in denying husband's motion to stay foreclosure sale because language of deed of trust permitted assignment by wife, husband made no effort to pay his debt to wife, and wife waited almost four years from time husband's payment was due before assigning deed of trust; trial court properly allowed foreclosure.

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Monty H. v. Dep't of Health & Soc. Servs., Supreme Court No. S-11814, No. 1234, SUPREME COURT OF ALASKA, December 21, 2005, Decided
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Overview: Court had not erred in terminating father's parental rights to son pursuant to, inter alia, Alaska Stat. ? 47.10.011; given father's life course of drug use and crime, state agency had made sufficient active efforts to reunite him with his son and had not acted unreasonably in leaving child with foster family and waiting to see how father fared.

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Northcut v. State, Court of Appeals No. A-9106, COURT OF APPEALS OF ALASKA, December 21, 2005, Decided
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Northcut v. State, Court of Appeals No. A-9106, No. 5028, COURT OF APPEALS OF ALASKA, December 21, 2005, Decided
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Overview: Effective six-year sentence to serve for defendant convicted of second-degree sexual abuse of a minor, pursuant to Alaska Stat. ? 11.41.436(a)(1) & (b) was affirmed because two aggravating factors were significant enough to call for a term to serve within the Jackson benchmark range for exceptionally aggravated offenses.

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Lamb v. Anderson, Supreme Court No. S-11936, Order No. 55, SUPREME COURT OF ALASKA, December 22, 2005, Decided
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Overview: Trial court's denial of motion for summary judgment as to punitive damages was reversed because the fact that the driver was estopped from denying recklessness under Alaska Stat. ? 09.17.020(b) meant the motorist was eligible for punitive damages; inquiry under ? 09.17.020(c) remained open, and trial court needed to instruct jury on factors.

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Polar Supply Co. v. Steelmaster Indus., Supreme Court No. S-11664, No. 5970, SUPREME COURT OF ALASKA, December 23, 2005, Decided
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Overview: Dismissal of a suit against a Canadian supplier was reversed as under the long-arm statute, Alaska Stat. ? 09.05.015(a), the supplier made an affirmative choice to contract with an Alaskan corporation that planned to use its product in Alaska and hence purposefully availed itself of the privilege of conducting business activities within Alaska.

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Saltz v. Dep't of Admin., Div. of Motor Vehicles, Supreme Court No. S-11676, No. 5972, SUPREME COURT OF ALASKA, December 23, 2005, Decided
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Overview: An officer had reasonable suspicion to stop a driver considering a REDDI report, the time frame in which the driver was contacted, and the description of his pickup; and although the truck described did not match the driver's truck exactly, the trooper was reasonable in believing that the truck was the one identified by the caller.

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Scammon Bay Ass'n v. Ulak, Supreme Court No. S-11392, No. 5971, SUPREME COURT OF ALASKA, December 23, 2005, Decided
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Overview: Where injured employee and third party tortfeasors asked court to find employer 25% at fault, court erred when it denied employer's Alaska R. Civ. P. 24 motion to intervene on basis motion was untimely; timing of motion was understandable and, if finding was binding against employer, it had lost chance to save its Alaska Stat. ? 23.30.015(g) lien.

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