Alaska, December, 2006, State Case law

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State Courts - Alaska - December 20, 2006

Brandon v. State, Court of Appeals No. A-9417, No. 5156, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: Post-conviction relief should have been granted to an inmate seeking the restoration of good time credit because his consecutive sentences should have been aggregated to calculate such, even though he filed a successful appeal for two convictions; to hold otherwise could have penalized him for appealing, in violation of Alaska Const. art. I, ? 7.

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Douglas v. State, Court of Appeals No. A-8934, No. 5155, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: Although defendant's sentence for his robbery conviction was final, it was fundamentally unfair for a trial court to deny defendant's motion under Alaska R. Crim. P. 35(a) to challenge the aggravating factors of Alaska Stat. ? 12.55.155(c)(3), (6), (14), and (22) that increased his sentence without considering the Blakely rule.

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Holsclaw v. State, Court of Appeals No. A-9528, No. 5154, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: Where appellant pleaded no contest to DWI and driving with a suspended license, he told the magistrate that did not wish to consult an attorney. In post-conviction proceedings, appellant was not exempted from the two-year time bar codified in Alaska Stat. ? 12.72.020(a)(3)(A) on the basis of an alleged invalid waiver of the right to counsel.

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Reinhold v. State, Court of Appeals No. A-9008, No. 5151, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: In applicant's claim of ineffective assistance of counsel at sentencing, following the applicant's entry of a guilty plea to second-degree murder, trial court properly rejected applicant's claim because applicant failed to show that no competent attorney would have used counsel's tactics in failing to make use of pathologist's opinion.

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Roberson v. State, Court of Appeals No. A-8770, No. 5152, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: In a second-degree murder case, a trial court did not err by imposing a 60-year sentence because the 20 to 30-year benchmark was not applicable since defendant stabbed a victim in the heart just a few days after being released from prison; defendant had two prior felony convictions.

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Rose v. State, Court of Appeals No. A-9420, No. 5149, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: Following defendant's entry of no contest pleas to felony DUI charges, superior court's decision to revoke defendant's probation and impose all of his suspended imprisonment in addition to new sentences was not clearly mistaken because of defendant's prior conviction, his history of assaults, and the unlikelihood for rehabilitation.

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Wheeler v. State, Court of Appeals No. A-9448, No. 5150, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: Where the superior court sentenced appellant to a 99-year sentence for first-degree murder in 1995, his application for post-conviction relief filed in 2002 was time-barred under Alaska Stat. ? 12.72.020(a)(3)(A). Blakely presented no obstacle to the imposition of a sentence within the range set forth in Alaska Stat. ?? 11.41.100, 12.55.125(a).

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Woodbury v. State, Court of Appeals No. A-9402, No. 5153, COURT OF APPEALS OF ALASKA, December 20, 2006, Decided
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Overview: Defendant entered a no contest plea to a felony DUI charge. Although there was a potential problem, defendant conceded an aggravating factor, pursuant to Alaska Stat. ? 12.55.155(c)(20). Trial court properly denied defendant's motion to correct sentence because, among other things, defendant did not raise Blakely objection at sentencing.

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