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| Alaska Ctr. for the Env't v. State, Supreme Court No. S-10870, No. 5756,
SUPREME COURT OF ALASKA, November 28, 2003, Decided
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Overview: State agency's consistency determination in airport's application to Army Corps of Engineers for permission to fill wetlands was affirmed; inter alia, agency was entitled to view airport's project holistically, and phasing of review was unnecessary.
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| Hesch v. State, Court of Appeals No. A-8182, No. 4797,
COURT OF APPEALS OF ALASKA, December 3, 2003, Decided
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Overview: A trial court did not abuse its discretion in admitting a tape recording of defendant's conversation with a police officer. Defendant's lack of opportunity to cross-examine the officer, who did not testify, did not violate his right of confrontation.
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| Dague v. State, Supreme Court No. S-10385, No. 5761,
SUPREME COURT OF ALASKA, December 5, 2003, Decided
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Overview: In a second-degree murder case, a court erred by prohibiting defendant from examining the State's expert regarding whether she acted knowingly when hitting the child in the head, and the error was not harmless.
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| Fletcher v. Trademark Constr., Inc., Supreme Court No. S-10609, No. 5760,
SUPREME COURT OF ALASKA, December 5, 2003, Decided
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Overview: Trial court did not err in granting contractor's motion to dismiss subcontractor's suit, where court's findings of fact were sufficient to show legal and factual bases for its ruling, and its interpretation of involuntary dismissal rule was proper.
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| Rausch v. Devine, Supreme Court No. S-10660, No. 5759,
SUPREME COURT OF ALASKA, December 5, 2003, Decided
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Overview: A court did not err in finding that a deed was validly delivered, where the grantor's stated intentions were belied by his decisions to draft unqualified quitclaim deeds and deliver them to grantee who stayed at home and raised their child.
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| Stanek v. Kenai Peninsula Borough, Supreme Court No. S-10566, No. 5758,
SUPREME COURT OF ALASKA, December 5, 2003, Decided
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Overview: An ordinance that exempted from taxation the first $ 10,000 of property used as the owner's permanent place of residence did not violate equal protection, and the borough had the power to define the statutory term "residential property" as it did.
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| Williams v. Engen, Supreme Court No. S-10475, No. 5757,
SUPREME COURT OF ALASKA, December 5, 2003, Decided
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Overview: Prior to his filling suit in real estate transaction, real estate broker requested court compel mortgage company to produce engineering report, but court did not err in not ordering production, as there was no evidence letter might have been lost.
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| Niehaus v. State, Court of Appeals No. A-8385, No. 4798,
COURT OF APPEALS OF ALASKA, December 10, 2003, Decided
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Overview: Defendant failed to show that the legislature improperly repealed or modified a medical marijuana initiative, and he also did not prove that he was entitled to a medical marijuana affirmative defense or the return of his seized property.
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| Stough v. State, Court of Appeals No. A-8364, No. 4799,
COURT OF APPEALS OF ALASKA, December 10, 2003, Decided
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Overview: Defendant was barred from pursuing his claim that he was denied effective assistance of counsel in an application for postconviction relief, where the claim was raised in his direct appeal from the denial of his motion to withdraw his guilty plea.
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