Alaska, November, 2006, State Case law

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State Courts - Alaska - November 15, 2006

Basargin v. State, Court of Appeals No. A-9348, No. 5135, COURT OF APPEALS OF ALASKA, November 15, 2006, Decided
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Overview: Dismissal of the inmate's petition for postconviction relief was affirmed because the inmate had not made a prima facie case of showing that attorney incompetence caused the inmate to miss the filing deadline, and the inmate's petition was time barred under Alaska Stat. ? 12.72.020(a)(3)(A).

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Beaver v. State, Court of Appeals No. A-8970, No. 5136, COURT OF APPEALS OF ALASKA, November 15, 2006, Decided
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Overview: Denial of defendant's motion to withdraw his plea was affirmed because defendant received adequate assistance of counsel, and there was insufficient evidence to establish plain error when the trial court advised defendant of the charge against him and when the trial court informed defendant of the sex offender registration requirements.

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Larson v. Edwards, Supreme Court No. S-11710, No. 1266, SUPREME COURT OF ALASKA, November 15, 2006, Decided
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Overview: In review of correctional center's contact rules, issue was moot because inmate was transferred to another facility. Supreme court applied three-part test for public interest exception: (1) inmate was unlikely to return to center; (2) inmate was not in position to assert third parties' rights; (3) public interest could not be discerned from record.

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Lockuk v. State, Court of Appeals No. A-9321, No. 5134, COURT OF APPEALS OF ALASKA, November 15, 2006, Decided
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Overview: Trial court's decision denying defendant's motion to withdraw a no contest plea was affirmed because there was sufficient evidence to support the trial court's conclusion that defendant had not been manipulated, coerced, or inadequately represented by counsel when he entered the plea. Trial court judge's comments at sentencing were not plain error.

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Morrissette v. Kim, Supreme Court No. S-11467, No. 1267, SUPREME COURT OF ALASKA, November 15, 2006, Decided
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Overview: In divorce, division of property was appropriate because couple's home, where parties resided through their marriage, was properly categorized and valued as marital property, and rescission was inapplicable. Superior court also properly recaptured gas station's value by assigning original value to husband, and wife was properly denied a credit.

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Tierney v. State, Court of Appeals No. A-9092, No. 5137, COURT OF APPEALS OF ALASKA, November 15, 2006, Decided
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Overview: Inmate's application for postconviction relief was properly denied because the inmate had not presented a meritorious claim when he challenged the constitutionality of his convictions under Alaska Stat. ? 11.71.040 because the Noy decision finding some possession statutes to be unconstitutional did not apply to ? 11.71.040.

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