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| Bierria v. Dickinson Mfg. Co., Supreme Court Nos. S-9489/9509, No. 5505,
SUPREME COURT OF ALASKA, November 23, 2001, Decided
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Overview: In product defect case, court did not err by excluding testimony about fires involving the same model of stove as that of the plaintiff's where he did not show substantial similarity between his fire and fires on other boats.
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| Gottschalk v. State, Court of Appeals No. A-7572, No. 1774,
COURT OF APPEALS OF ALASKA, November 23, 2001, Decided
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Overview: Prosecutor used preemptory challenge against native American juror in trial against native Alaskan defendant; concern about juror's answers regarding native sovereignty, of importance to defendant, was non-race based explanation of challenge.
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| Lustig v. State, Court of Appeals No. A-7756, No. 1773,
COURT OF APPEALS OF ALASKA, November 23, 2001, Decided
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Overview: Probable cause for search warrant existed, where police officer smelled marijuana in vicinity of defendant's home, ruled out that the smell came from another house, and defendant's electrical usage was relatively high for a house of that size.
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| Magden v. Alaska United States Fed. Credit Union, Supreme Court No. S-9314, No. 5506,
SUPREME COURT OF ALASKA, November 23, 2001, Decided
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Overview: Credit union showed just and sufficient reason for executing on debtor's permanent fund dividend more than five years after judgment where, before that time, debtor had no assets which were not exempt from execution.
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| Ceideburg v. State, Court of Appeals No. A-7849, No. 4507,
COURT OF APPEALS OF ALASKA, November 28, 2001, Decided
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Overview: Court did not err in sentencing defendant, where it considered aggravating circumstances and did not consider proposed mitigating circumstances, as crimes defendant pleaded guilty to were less serious than crimes he actually committed.
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| Hall v. State, Court of Appeals No. A-7256, No. 4505,
COURT OF APPEALS OF ALASKA, November 28, 2001, Decided
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Overview: Defendant's convictions were affirmed, because the detective's testimony did not constitute an experiment, and the trial court did not abuse its discretion in refusing the defendant's proposed jury instructions.
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| Hertz v. State, Court of Appeals No. A-7988, No. 4506,
COURT OF APPEALS OF ALASKA, November 28, 2001, Decided
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Overview: Where defendant waived counsel in his first application for post-conviction relief, he could not subsequently move to reopen a successive application on the ground of ineffective assistance of counsel in the first application.
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| Otten v. State, Court of Appeals No. A-7720, No. 4504,
COURT OF APPEALS OF ALASKA, November 28, 2001, Decided
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Overview: In view of sentencing goals and defendant's lost history of assaults, magistrate did not clearly err in finding that defendant was a worst offender and imposing a maximum one-year term.
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| Sylvester v. State, Court of Appeals No. A-7714, No. 4503,
COURT OF APPEALS OF ALASKA, November 28, 2001, Decided
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Overview: Where defendant was ordered to pay $ 186, 000 in restitution, but $ 150,000 of that amount was not supported by record, it was plain error and required remand despite defendant's failure to move for reconsideration in lower court.
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| Talivaa v. State, Court of Appeals No. A-7975, No. 4508,
COURT OF APPEALS OF ALASKA, November 28, 2001, Decided
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Overview: Where defendant placed two-year old in scalding hot bathtub, pulled him out, spanked the child, put the child back in the bathtub, and the child incurred burns over 36 percent of his body, a sentence of 10 years was not clearly mistaken.
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