Alaska, December, 2004, State Case law

Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!

Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!

State Courts - Alaska - December 17 - December 30, 2004

Adams v. State, Court of Appeals No. A-8573, No. 1964, COURT OF APPEALS OF ALASKA, December 17, 2004, Decided
View this case - free

Overview: A police officer's search of defendant was unlawful, as the officer patted down defendant without any information that would lead a reasonable officer to conclude that imminent public danger existed; thus, the search should have been suppressed.

Search Cases for Free

Blackburn v. State, Supreme Court No. S-11096, No. 5854, SUPREME COURT OF ALASKA, December 17, 2004, Decided
View this case - free

Overview: A State employee who was in a probationary period was not entitled to "for cause" protection from separation and his union had waived his right to arbitrate. The employee was only entitled to a written statement of the reasons for his dismissal.

Search Cases for Free

State v. Deleon, Supreme Court No. S-11219, No. 5853, SUPREME COURT OF ALASKA, December 17, 2004, Decided
View this case - free

Overview: The trial court had both express statutory authority and inherent authority to order a delinquent father to apply for a permanent fund dividend to pay court-ordered child support or demonstrate his ineligibility for a dividend.

Search Cases for Free

Malin v. State, Court of Appeals No. A-8410, No. 4954, COURT OF APPEALS OF ALASKA, December 22, 2004, Decided
View this case - free

Overview: A search warrant authorizing the physical seizure of defendant's blood for testing purposes inherently authorized the police who learned that a blood sample had already been drawn and tested for medical purposes to seize those test results.

Search Cases for Free

Wyatt v. State, Court of Appeals No. A-8571, No. 4955, COURT OF APPEALS OF ALASKA, December 22, 2004, Decided
View this case - free

Overview: No post-conviction relief was upheld because, inter alia, a prima facie claim based on failure to strictly comply with Lavigne generally required an allegation that defendant's decision not to testify was involuntary and his right to testify usurped.

Search Cases for Free

State v. Municipality of Anchorage, Supreme Court No. S-11011, No. 5855, SUPREME COURT OF ALASKA, December 23, 2004, Decided
View this case - free

Overview: Gas produced by a municipal light and power department for its own use in generating electricity for sale in the municipality was exempt from the gas production tax because the tax statute did not expressly state that it applied to municipalities.

Search Cases for Free

Joseph v. State, Court of Appeals No. A-8580, No. 4956, COURT OF APPEALS OF ALASKA, December 29, 2004, Decided
View this case - free

Overview: Defendant was not entitled to a new attorney when the breakdown in the relationship was because of defendant's unwillingness to cooperate or listen. Defendant's sentence was proper, where he was a third time offender with aggravating factors.

Search Cases for Free

Nelson v. State, Court of Appeals No. A-8672, No. 4957, COURT OF APPEALS OF ALASKA, December 29, 2004, Decided
View this case - free

Overview: Evidence of defendant's prior sexual misconduct with teenager was inadmissible in his trial for sexual abuse of minor where it tended to show his propensity to assault incapacitated women and there was no other significant parallel between assaults.

Search Cases for Free

Alderman v. Iditarod Props., Supreme Court No. S-10975, No. 5856, SUPREME COURT OF ALASKA, December 30, 2004, Decided
View this case - free

Overview: Partners' failure to accept an offer of judgment from a business, their defense to an action, their basis for appeal, and their attempt to avoid process did not provide a proper basis for awarding enhanced attorney's fees to the business.

Search Cases for Free

Chalovich v. State, Supreme Court No. S-10977, No. 5857, SUPREME COURT OF ALASKA, December 30, 2004, Decided
View this case - free

Overview: Alaska Department of Natural Resources improperly found that a miner abandoned his mining claims based on the fact that his statutory payment, in lieu of labor, was postmarked but not received by September 1 because postmark showed timely payment.

Search Cases for Free

Communities Portal