Alaska, December, 2004, State Case law

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State Courts - Alaska - December 10 - December 15, 2004

Carl N. v. Dep't of Health & Soc. Servs., Supreme Court No. S-11213, No. 5852, SUPREME COURT OF ALASKA, December 10, 2004, Decided
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Overview: Termination of father's parental rights was proper under Indian Child Welfare Act and Child in Need of Aid rules where child had emotional problems, needed stability, and could not wait for father to remedy the conduct that placed the child at risk.

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Hutka v. Sisters of Providence, Supreme Court Nos. S-10706/10735, No. 5851, SUPREME COURT OF ALASKA, December 10, 2004, Decided
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Overview: An employee was exempt from overtime pay under the Alaska Wage and Hour Act because, although she was responsible for supervising nurses and maintaining payroll records, she also provided direct patient care for part of her work week.

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Kira I. v. Dep't of Health & Soc. Servs., Supreme Court No. S-11266, No. 1195, SUPREME COURT OF ALASKA, December 10, 2004, Decided
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Overview: The trial court did not err by terminating the mother's parental rights on the basis that failed to remedy her alcoholism within a reasonable period of time and that the decision was in the children's best interests.

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Thomas v. Anchorage Equal Rights Comm'n, Supreme Court Nos. S-10733/10883, No. 5850, SUPREME COURT OF ALASKA, December 10, 2004, Decided
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Overview: Alaska's high court did not overrule previous holding that laws requiring landlords to rent to unmarried couples did not violate right to free exercise of religion, as it was not wrongly decided and changed conditions did not require its abandonment.

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Wells v. State, Court of Appeals Nos. A-8645 & A-8661, No. 1963, COURT OF APPEALS OF ALASKA, December 10, 2004, Decided
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Overview: Because the term "medical treatment" in Alaksa's third-degree assault statute was susceptible of more than one meaning, defendant's conviction was reversed and the revocation of his probation remanded for further consideration.

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Black v. State, Court of Appeals No. A-8678, No. 4953, COURT OF APPEALS OF ALASKA, December 15, 2004, Decided
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Overview: Trial court erred in dismissing application for post-conviction relief based on an attorney's representation that there was no colorable claim for relief, as the attorney failed to specifically discuss defendant's claims, or why they were frivolous.

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Dupree v. State, Court of Appeals No. A-8361, No. 4952, COURT OF APPEALS OF ALASKA, December 15, 2004, Decided
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Overview: Defendant's sexual assault conviction was affirmed where the trial court judge did not commit plain error in either the decisions he made or the decisions he failed to make, specifically in refusing to challenge tactical decisions of defense counsel.

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Frank v. State, Court of Appeals No. A-8659, No. 4950, COURT OF APPEALS OF ALASKA, December 15, 2004, Decided
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Overview: The trial court erred when it dismissed defendant's claim for post-conviction relief without allowing him the opportunity to reply to the proposed withdrawal and dismissal.

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Kinneen v. State, Court of Appeals No. A-8598, No. 4951, COURT OF APPEALS OF ALASKA, December 15, 2004, Decided
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Overview: Defendant's conviction for driving while under the influence was proper where evidence was admissible that defendant declined an independent chemical test, as it was necessary to refute a defense claim of improper arresting procedure.

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Smith v. Weekley, Supreme Court No. S-11331, No. 1196, SUPREME COURT OF ALASKA, December 15, 2004, Decided
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Overview: A trial court did not err by awarding a father custody of a child because all of the best interest factors were considered; the trial court was entitled to rely upon the fact that the child had resided with the father for three years.

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