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| Atkins v. Vigil, Supreme Court No. S-10621, No. 5645,
SUPREME COURT OF ALASKA, November 22, 2002], Decided
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Overview: Because father filed Alaska custody petition six months and a few days after his child left Alaska for California, and since child's absence from Alaska was not permanent initially, Alaska was home state within six months of start of custody case.
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| Hamilton v. State, Court of Appeals No. A-7762, No. 1843,
COURT OF APPEALS OF ALASKA, November 22, 2002, Decided
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Overview: Court imposed maximum sentence for first-degree murder; it was defendant's right not to offer evidence in explanation or mitigation of his conduct, but, in absence of extenuating information, record fully supported maximum sentence.
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| Manelick v. Manelick, Supreme Court No. S-9986, No. 5642,
SUPREME COURT OF ALASKA, November 22, 2002, Decided
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Overview: Where the wife, a doctor, sued her husband for divorce, and valuation of her medical practice was hotly contested at trial, court failed to make findings as to marketability of goodwill of the practice, and no value could be assigned to the goodwill.
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| Marsingill v. O'Malley, Supreme Court No. S-9859, No. 5643,
SUPREME COURT OF ALASKA, November 22, 2002, Decided
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Overview: Where jury was not instructed to decide malpractice claim from standpoint of a reasonable patient, case was remanded on patient's claim for surgeon's breach of duty to provide enough information to patient to make intelligent treatment choices.
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| McCoy v. State, Court of Appeals No. A-7789, No. 1842,
COURT OF APPEALS OF ALASKA, November 22, 2002, Decided
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Overview: A limitation on mentioning unpublished opinions in court other than to establish collateral estoppel, res judicata, or law of the case, was rejected as inconsistent with the wide distribution of such opinions to all who wanted them in the state.
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| Powell v. Tanner, Supreme Court Nos. S-10254/10264, No. 5644,
SUPREME COURT OF ALASKA, November 22, 2002, Decided
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Overview: Where factors examined by appellate court indicated a genuine issue of material fact of whether driver was an employee or independent contractor, summary judgment to employer dismissing victim's claims against employer was improper.
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| Boguilikuk v. State, Court of Appeals No. A-8011, No. 4638,
COURT OF APPEALS OF ALASKA, November 27, 2002, Decided
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Overview: Arrestee who retrieved a knife from his sock and told his cellmates that he could stab or kill them was properly convicted of first-degree promoting contraband and third-degree assault. Sufficient evidence supported both convictions.
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| Hall v. State, Court of Appeals No. A-7999, No. 4639,
COURT OF APPEALS OF ALASKA, November 27, 2002, Decided
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Overview: Defendant's presumptive sentence of four years of imprisonment for theft in the second degree was not excessive, based on the trial judge's finding that he was a professional criminal who committed criminal offenses when he was not incarcerated.
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| Nelson v. State, Court of Appeals Nos. A-8131, No. 4637,
COURT OF APPEALS OF ALASKA, November 27, 2002, Decided
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Overview: Trial court properly sentenced defendant for his conduct, not his mental illness; thus, the sentence imposed for 6 counts of violating a domestic violence restraining order, a composite term of 1 year and 49 days to serve, was not excessive.
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| Russell v. State, Court of Appeals No. A-7618, No. 4640,
COURT OF APPEALS OF ALASKA, November 27, 2002, Decided
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Overview: A court, in defendant's sexual assault case, did not err by denying defendant's motion for postconviction relief, where defendant's counsel had not been ineffective for failing to obtain the victim's counseling records, as they were privileged.
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