Alaska, November, 2002, State Case law

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State Courts - Alaska - November 29 - December 11, 2002

Bustamante v. Alaska Workers' Comp. Bd., Supreme Court No. S-10003, No. 5648, SUPREME COURT OF ALASKA, November 29, 2002, Decided
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Overview: The court abused its discretion in dismissing claimant's workers' compensation appeal; the court did not determine whether it should deviate from the usual rule requiring prepayment of the costs of preparation of a transcript.

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DeNardo v. Barrans, Supreme Court No. S-10292, No. 5647, SUPREME COURT OF ALASKA, November 29, 2002, Decided
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Overview: Because federal common law treated dismissal for failing to follow court orders as a judgment on the merits, dismissal of employee's federal suit had effect of precluding employee's subsequent state action under doctrine of res judicata.

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Hurst v. Vict. Park Subdivision Addition No. 1 Homeowners' Ass'n, Supreme Court No. S-10249, No. 5646, SUPREME COURT OF ALASKA, November 29, 2002, Decided
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Overview: Where fence constructed by association was consistent to maintain non-intensive recreational and park purposes of lot, the fence on the recreational lot was not a permanent structure within the meaning of restrictive covenant.

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Espinoza v. State, Court of Appeals No. A-8038, No. 4642, COURT OF APPEALS OF ALASKA, December 4, 2002, Decided
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Overview: Resentencing was necessary where trial judge failed to evaluate factors to determine whether defendant was "worst offender," or find that confinement for combined term was necessary to protect public before imposing maximum consecutive sentences.

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Trail v. State, Court of Appeals No. A-8013, No. 4641, COURT OF APPEALS OF ALASKA, December 4, 2002, Decided
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Overview: Trial judge's denial of a motion to suppress evidence was upheld where substantial evidence supported his finding that the walking path across defendant's property from which three police officers saw marijuana was impliedly a public access way.

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Crivello v. Commer. Fisheries Entry Comm'n, Supreme Court No. S-9871, No. 5649, SUPREME COURT OF ALASKA, December 6, 2002, Decided
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Overview: Alaska Commercial Fisheries Entry Commission reasonably interpreted its regulation and disallowed the points the partner tried to cede to fisherman in order to gain salmon permit. The fisherman knew his application lacked the requisite points.

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Houston v. Municipality of Anchorage, Court of Appeals No. A-7930, No. 1844, COURT OF APPEALS OF ALASKA, December 6, 2002, Decided
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Overview: Although the city improperly prosecuted defendant for trespassing on commercial property, his conviction for trespassing on residential property was affirmed as a lesser-included crime where he had no authority to be on the premises when arrested.

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Bourdon v. State, Court of Appeals Nos. A-7689/7699, No. 4644, COURT OF APPEALS OF ALASKA, December 11, 2002, Decided
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Overview: Where the child witnesses testified at the trial, and the defendant was able to present his theory and evidence that the children were improperly influenced, the trial court did not abuse its discretion in denying the defendant a taint hearing.

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Eilers v. State, Court of Appeals No. A-8244, No. 4643, COURT OF APPEALS OF ALASKA, December 11, 2002, Decided
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Overview: Defendant's no contest plea to assault charge was an admission of every essential element of offense, thus, defendant could not dispute at sentencing that he recklessly placed wife in fear of imminent serious physical injury by use of a handgun.

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