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| Doshier v. State, Court of Appeals No. A-9041, No. 5139,
COURT OF APPEALS OF ALASKA, November 22, 2006, Decided
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Overview: In revoking defendant's probation that followed defendant's no contest plea to manslaughter and second-degree assault, trial court did not violate defendant's Sixth Amendment right to a jury trial because, even if Blakely did apply, error was harmless. Aggravating factors existed given defendant's long history of alcohol abuse.
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| Gault v. Gault, Supreme Court No. S-12071, No. 1268,
SUPREME COURT OF ALASKA, November 22, 2006, Decided
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Overview: Trial court did not err by concluding that placement of the son with his father was in son's best interests under Alaska Stat. § 25.24.150(c) because there was ample evidence that the father understanding the gravity of the son's failing grades, and the mother's demeanor at trial indicated a failure to recognize the severity.
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| Hiratsuka v. State, Court of Appeals No. A-9147, No. 5140,
COURT OF APPEALS OF ALASKA, November 22, 2006, Decided
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Overview: Trial court did not err in refusing to grant defendant's motion for discharge from probation following his conviction for sexual assault and assault because after finding an aggravator under Alaska Stat. § 12.55.155(c)(8), the sentencing court could consider, without violating Blakely, other aggravating factors that had not been found by a jury.
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| Hoffman v. State, Court of Appeals No. A-8831, No. 5141,
COURT OF APPEALS OF ALASKA, November 22, 2006, Decided
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Overview: Counsel was not ineffective in failing to object to the State's use of evidence of an earlier assault because it was relevant to prove the inmate's state of mind when he entered the second victim's home; the fact that the first victim could provide an account of the inmate's assault upon her was an obvious motive for the acts of intimidation.
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| Koch v. State, Court of Appeals No. A-9407, No. 5143,
COURT OF APPEALS OF ALASKA, November 22, 2006, Decided
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Overview: In a DUI case, a court did not err by denying defendant's motion to suppress the breath test result on the basis that the officer did not read the implied consent warning because the case did not involve a preliminary breath test, Alaska Stat. § 28.35.031, rather, defendant consented to a breathalyzer test after she was arrested.
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| Seton v. State, Court of Appeals No. A-9103, No. 5142,
COURT OF APPEALS OF ALASKA, November 22, 2006, Decided
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Overview: Defendant was convicted of furnishing alcohol to a person under age of 21 in a local option area. Evidence was sufficient to sustain conviction because witnesses testified city in which defendant was located had prohibited sale or provision of alcohol, and the person to whom defendant was seen providing alcohol was 15 years old.
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| Teasley v. State, Court of Appeals No. A-9002, No. 5138,
COURT OF APPEALS OF ALASKA, November 22, 2006, Decided
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Overview: Defendant entered no contest plea to fourth-degree misconduct involving controlled substance. Defendant's sentence was not in violation of Blakely because trial court found aggravating factors under Alaska Stat. § 12.55.155. Defendant had conviction for third-degree controlled substance misconduct; this was established even without concession.
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| Williams v. State, Court of Appeals No. A-9139, No. 2074,
COURT OF APPEALS OF ALASKA, November 24, 2006, Decided
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Overview: Following husband's arrest for fourth-degree assault on his wife, husband challenged constitutionality of Alaska Stat. § 12.30.027(b), which kept husband from returning to family home as a pre-trial release condition. Statute violated Alaska Const. art. I, § 1 because it deprived an accused, who was not yet convicted, of important liberty interest.
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| Zemljich v. Municipality of Anchorage, Court of Appeals No. A-9364, No. 2073,
COURT OF APPEALS OF ALASKA, November 24, 2006, Decided
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Overview: In review of stop of defendant, which led to conviction for DUI, trial court properly determined an officer had reasonable suspicion to stop defendant when defendant was attempting to speak with child, who was lying on the ground. Defendant could have been trying to entice child, or he could have hit child.
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| Parker v. State, Court of Appeals No. A-08114,
COURT OF APPEALS OF ALASKA, December 1, 2006, Decided
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Overview: Defendant's 11-year composite sentence for attempted delivery of LSD to minor, exploitation of minor, and possession of child pornography was not clearly mistaken given the fact that he faced 10-year presumptive term for the drug offense and conceded the aggravator, that his conduct was among the most serious under Alaska Stat. § 12.55.155(c)(10).
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