Alaska, October, 2003, State Case law

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State Courts - Alaska - October 30 - November 5, 2003

State v. Kiokun, Supreme Court No. S-09558/9563, SUPREME COURT OF ALASKA, October 30, 2003, Decided
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Brandner v. Agre, Supreme Court No. S-10639, No. 5747, SUPREME COURT OF ALASKA, October 31, 2003, Decided
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Overview: District court had jurisdiction over a contractor's small claim; resolving question of contractor's substantial compliance with licensing statute was necessary and incidental to resolution of small claim and did not convert it into equitable action.

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Native Village of Napaimute Traditional Council v. Terence W. (In re Adoption of M.W.), Supreme Court No. S-10489, No. 5748, SUPREME COURT OF ALASKA, October 31, 2003, Decided
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Overview: Despite biological mother's conditional relinquishment of parental rights, revoked before judgment, her reaffirmance of consent to adoption by adoptive parents and the open adoption arrangement supported the placement contrary to the ICWA preference.

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Alex v. State, Court of Appeals No. A-8307, No. 4786, COURT OF APPEALS OF ALASKA, November 5, 2003, Decided
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Overview: The State properly presented hearsay evidence to the grand jury by a police officer involved in an investigation about the statements and observations made by another officer, and the evidence supported a finding defendant possessed cocaine.

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Barron v. State, Court of Appeals No. A-8255, No. 4789, COURT OF APPEALS OF ALASKA, November 5, 2003, Decided
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Overview: Defendant's state and federal sentences were not imposed concurrently where a pro forma order merely marked the end of defendant's state appellate process and ordered him incarcerated; therefore, he was not entitled to post-conviction relief.

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Mackey v. State, Court of Appeals No. A-8545, No. 4788, COURT OF APPEALS OF ALASKA, November 5, 2003, Decided
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Overview: The trial court properly considered defendant's evidence in mitigation at sentencing and was entitled to give more weight to testimony advocating for incarceration, and defendant was not entitled to a benchmark non-probationary sentence.

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Shetters v. State, Court of Appeals No. A-8297, No. 4790, COURT OF APPEALS OF ALASKA, November 5, 2003, Decided
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Overview: Defendant's application for post-conviction relief proceeded on the original grounds alleged in his pro se application where no amendment was timely filed, and trial counsel was not ineffective for failing to anticipate a change in the law.

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Tall v. State, Court of Appeals No. A-8047, No. 4787, COURT OF APPEALS OF ALASKA, November 5, 2003, Decided
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Overview: Defendant's claim of harassment he experienced while in jail was not a mitigating factor following his escape conviction where he failed to prove the alleged conduct significantly affected his behavior by clear and convincing evidence.

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