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Decision Date
1. Mattox v. State, Court of Appeals No. A-9949 (Alaska App. 8/22/2008) (Alaska App., 2008) August 22, 2008 Richard A. Mattox was convicted of felony refusal to submit to a chemical test.1 He asks this court to reverse his conviction, arguing that there was insufficient evidence that he understood he was required to submit to a breath test to support his... ... ... conviction for refusal. Having reviewed the record, we conclude there was enough evidence for a fair-minded juror to find that Mattox knew or should have known of his legal duty to submit to a breath test... Mattox also argues that his...
2. Stock v. State, Court of Appeals No. A-9732 (Alaska App. 8/22/2008) (Alaska App., 2008) August 22, 2008 Kevin M. Stock was convicted, after a jury trial, of assault in the first degree, a class A felony.1 The State alleged that Stock invited David Lynch back to his... ... ... apartment, where he beat up Lynch with a boot cast that belonged to Lynch. On appeal, Stock asserts that Superior Court Judge Eric Smith erred in admitting his statements to the police. He contends that the police violated his constitutional rights in obtaining the statements... Stock also argues that Judge Smith erred in...
3. State v. Alaska State Employees Association, Supreme Court No. S-12686 (Alaska 8/22/2008) (Alaska, 2008) August 22, 2008 The question presented is whether the State is protected by sovereign immunity from payment of prejudgment interest on an award made by an arbitrator under a collective bargaining agreement. The superior court decided that the State was not so protected and awarded prejudgment interest on the arbitrator's award. We largely affirm because the enforcement of the arbitrator's award in this case sounds in contract and is... ... ... enforceable in a proceeding encompassed by the general statute...
4. J.A.M. v. State, No. 5375 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 A jury found that J.A.M., a minor, sexually penetrated N.A. while knowing that she was incapacitated or that she was unaware that she was engaging in sexual intercourse. This conduct would constitute second-degree sexual assault1 if J.A.M. were an adult... ... ... J.A.M. contends that the superior court admitted evidence in violation of the corpus delicti rule. He also argues that the jury's verdict was not supported by sufficient evidence... We conclude that, even if the State was required to...
5. Fleck v. Municipality of Anchorage, No. 5376 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 An Anchorage police officer observed Cindy A. Fleck walking along the road not far from where a truck had gone down an embankment and into the trees. The officer decided to see if Fleck was okay, so she pulled up near Fleck and activated her overhead lights and spotlight. As a result of this contact, Fleck was convicted of driving under the influence... ... ... Fleck appeals her conviction, arguing that the officer had no legal right to contact her. Having reviewed the record, we agree with the...
6. Koivisto v. State, No. 5477 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 Patrick J. Koivisto filed a notice of change of judge to exercise his right to a peremptory challenge of Magistrate Jerry D. Anderson. The court denied Koivisto's challenge as untimely. We conclude that Koivisto did not have reasonable access to an attorney before the five-day period for exercising his peremptory challenge expired. We therefore rule that the court abused its discretion by denying the peremptory challenge... ... ... Facts and proceedings... On October 19, 2007, Koivisto was...
7. Foster v. Municipality of Anchorage, No. 5378 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 William H. Foster was convicted of shoplifting two bottles of liquor. He argues that the jury had insufficient evidence to convict him of that offense because the Municipality's witnesses were not credible and because the Municipality offered no physical evidence to corroborate their testimony. Having reviewed the record, we conclude that there was sufficient evidence to support the jury's verdict. We therefore affirm Foster's conviction... ... ... Facts and proceedings... On April 20, 2007, at...
8. Jackson v. State, Court of Appeals No. A-9889 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 Calvin Jackson Jr. appeals the superior court's revocation of his probation and imposition of his remaining suspended imprisonment. We reject Jackson's claim that the evidence was not sufficient to support the decision to revoke his probation. We also... ... ... conclude that the imposition of Jackson's suspended imprisonment did not result in an excessive sentence. Accordingly, we affirm the superior court... Background facts and proceedings... On March 15, 2002, Jackson pleaded no contest to...
9. Carroll v. State, Court of Appeals No. A-9913 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 William W. Carroll appeals the superior court's dismissal of his third application for post-conviction relief. Carroll argues that the superior court erred when it dismissed his application because it was a successive application. We affirm the superior court because Carroll's application was barred by AS 12.72.020... ... ... Background facts and proceedings... In December 2000, the grand jury charged Carroll with one count of first-degree murder, three counts of attempted first-degree murder,...
10. Arrington v. State, Court of Appeals No. A-10048 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 Cleophus P. Arrington Jr. was stopped by a state trooper for driving without any visible registration on his vehicle and for making an improper right turn. Ultimately, as a result of this stop, Arrington was convicted of driving while under the influence. He argues that the stop was not supported by probable cause because the trooper was not credible in asserting that he witnessed Arrington violate several... ... ... traffic laws. We conclude that the trooper had probable cause for a traffic...
11. Taylor v. State, Court of Appeals No. A-9756 (Alaska App. 8/20/2008) (Alaska App., 2008) August 20, 2008 Jerry W. Taylor was convicted of eluding a peace officer in the first degree, a class C felony.1 Taylor appeals, arguing that Superior Court Judge John Suddock erred in denying his motion to continue his trial so he could consult an expert witness on... ... ... eyewitness identification. We conclude that Judge Suddock did not abuse his discretion in denying the continuance... Taylor was a third felony offender for purposes of presumptive sentencing and therefore faced a presumptive term of 3 to...
12. Holden v. State, Court of Appeals No. A-10073 (Alaska App. 8/15/2008) (Alaska App., 2008) August 15, 2008 This case is an appeal from the decision of the superior court in an administrative appeal (i.e., an appeal to the superior court from the final decision of an administrative agency). Under AS 22.05.010(c) and Alaska Appellate Rule 202(a), appeals of this nature are to be taken to the Alaska Supreme Court... ... ... The Appellant, Eric J. Holden, initially filed his appeal in the supreme court. Soon after, however, the State filed a motion seeking transfer of Holden's appeal to this Court. The...
13. Frank v. State, Court of Appeals No. A-9760 (Alaska App. 8/13/2008) (Alaska App., 2008) August 13, 2008 Burns J. Frank killed Richard John by stabbing him with a knife. For this misconduct, a jury convicted Burns of second-degree murder.1 We affirmed Frank's... ... ... conviction on direct appeal.2 Frank applied for post-conviction relief and an attorney was appointed to represent him. Frank's attorney filed a certificate under Criminal Rule 35.1(e)(2)(C) stating that he should be allowed to withdraw from the case and that Frank's application did not allege a colorable claim for relief.3 The...
14. Krushensky v. Farinas, Supreme Court No. S-12395 (Alaska 8/8/2008) (Alaska, 2008) August 8, 2008 I. INTRODUCTION... In accordance with Kevin Krushensky and Christine Farinas's property settlement agreement and a memorializing final property order, qualified domestic relations orders (QDROs) were to be entered for Kevin's two retirement plans. The... ... ... QDROs were to designate Christine "the surviving spouse to be awarded all pre-retirement death benefits... ... ... for at least a 55% annuity." But as ultimately entered, the QDROs also awarded Christine qualified pre-retirement...
15. Smith v. Stafford, Supreme Court No. S-12255 (Alaska 8/8/2008) (Alaska, 2008) August 8, 2008 I. INTRODUCTION... This appeal stems from a Child in Need of Aid (CINA) case that was ultimately dismissed with the child's father being granted sole custody of his daughter. He subsequently sued the social worker who handled the case and her supervisor, alleging thirteen causes of action. The superior court dismissed all of the father's claims on summary judgment, holding that the claims were precluded by collateral estoppel or, alternatively, official immunity. Many of the claims were...
16. Paul v. State, Supreme Court No. S-12928 (Alaska 8/6/2008) (Alaska, 2008) August 6, 2008 MEMORANDUM OPINION AND JUDGMENT*... I. INTRODUCTION... A father challenges the termination of his parental rights... ... ... II. FACTS AND PROCEEDINGS... The superior court in its decision terminating the parental rights of Paul G.1 set out the relevant background:... The father, Paul G., was born in... ... ... 1960... ... ... In 1990 Paul met Helen P. in Michigan. The two were never married. Paul and Helen's first child, Cassie G. was born [in 1990]. Andrew G. was born [in 1995]. Wyatt G. was...
17. Rhodes v. Erion, Supreme Court No. S-12402 (Alaska 8/1/2008) (Alaska, 2008) August 1, 2008 I. INTRODUCTION... Evie Rhodes was involved in a car accident with Becky Erion, and Rhodes sued Erion. Erion made three offers of judgment to Rhodes under Alaska Civil Rule 68, but Rhodes failed to accept these offers. The case proceeded to trial, and the jury awarded Rhodes $18,281.85 in damages. This verdict was at least five percent less favorable to Rhodes than an offer made by Erion, and Rhodes was therefore liable for... ... ... fifty percent of Erion's reasonable actual attorney's fees...
18. Jarvill v. Porky's Equipment, Inc., Supreme Court No. S-12457 (Alaska 8/1/2008) (Alaska, 2008) August 1, 2008 I. INTRODUCTION... Gary Jarvill alleges that a design defect in the boat he purchased from Porky's Equipment, Inc. caused it to sink in its harbor slip less than three years after purchase. Jarvill appeals the superior court's ruling that the statute of limitations bars his product defect and negligence claims. Because the evidence fails to support the trial court's finding that Jarvill's cause of action accrued — and the statute of limitations began to run — before the boat sank,...
19. McLane v. Paul, Supreme Court No. S-12872 (Alaska 8/1/2008) (Alaska, 2008) August 1, 2008 I. INTRODUCTION... When Chad Paul and Sharon McLane divorced in 2006, they entered into a court-approved settlement agreement granting Sharon physical custody of their six-year-old daughter Alexis during the school year in Alaska and Chad summer visitation... ... ... in Illinois. While Alexis was with Chad for the summer visitation, Chad suggested to Sharon that they reverse their custody arrangement. The parties discussed this possibility through the end of the summer, but Sharon refused to...
20. Rapp v. State, Court of Appeals No. A-9197 (Alaska App. 7/30/2008) (Alaska App., 2008) July 30, 2008 Shortly after the superior court sentenced Lisa E. Rapp pursuant to a plea agreement, Rapp attacked both the sentencing procedures and the sentence she received. In this appeal, we address two questions: (1) did the superior court commit plain error by sentencing Rapp without a presentence report after Rapp expressly requested that the court proceed without one; and (2) did the superior court commit plain error by sentencing... ... ... Rapp without inquiring into the possibility that Rapp's...

Decision Date

1. Mattox v. State, Court of Appeals No. A-9949 (Alaska App. 8/22/2008) (Alaska App., 2008)

August 22, 2008

Richard A. Mattox was convicted of felony refusal to submit to a chemical test.1 He asks this court to reverse his conviction, arguing that there was insufficient evidence that he understood he was required to submit to a breath test to support his... ... ... conviction for refusal. Having reviewed the record, we conclude there was enough evidence for a fair-minded juror to find that Mattox knew or should have known of his legal duty to submit to a breath test... Mattox also argues that his...

2. Stock v. State, Court of Appeals No. A-9732 (Alaska App. 8/22/2008) (Alaska App., 2008)

August 22, 2008

Kevin M. Stock was convicted, after a jury trial, of assault in the first degree, a class A felony.1 The State alleged that Stock invited David Lynch back to his... ... ... apartment, where he beat up Lynch with a boot cast that belonged to Lynch. On appeal, Stock asserts that Superior Court Judge Eric Smith erred in admitting his statements to the police. He contends that the police violated his constitutional rights in obtaining the statements... Stock also argues that Judge Smith erred in...

3. State v. Alaska State Employees Association, Supreme Court No. S-12686 (Alaska 8/22/2008) (Alaska, 2008)

August 22, 2008

The question presented is whether the State is protected by sovereign immunity from payment of prejudgment interest on an award made by an arbitrator under a collective bargaining agreement. The superior court decided that the State was not so protected and awarded prejudgment interest on the arbitrator's award. We largely affirm because the enforcement of the arbitrator's award in this case sounds in contract and is... ... ... enforceable in a proceeding encompassed by the general statute...

4. J.A.M. v. State, No. 5375 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

A jury found that J.A.M., a minor, sexually penetrated N.A. while knowing that she was incapacitated or that she was unaware that she was engaging in sexual intercourse. This conduct would constitute second-degree sexual assault1 if J.A.M. were an adult... ... ... J.A.M. contends that the superior court admitted evidence in violation of the corpus delicti rule. He also argues that the jury's verdict was not supported by sufficient evidence... We conclude that, even if the State was required to...

5. Fleck v. Municipality of Anchorage, No. 5376 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

An Anchorage police officer observed Cindy A. Fleck walking along the road not far from where a truck had gone down an embankment and into the trees. The officer decided to see if Fleck was okay, so she pulled up near Fleck and activated her overhead lights and spotlight. As a result of this contact, Fleck was convicted of driving under the influence... ... ... Fleck appeals her conviction, arguing that the officer had no legal right to contact her. Having reviewed the record, we agree with the...

6. Koivisto v. State, No. 5477 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

Patrick J. Koivisto filed a notice of change of judge to exercise his right to a peremptory challenge of Magistrate Jerry D. Anderson. The court denied Koivisto's challenge as untimely. We conclude that Koivisto did not have reasonable access to an attorney before the five-day period for exercising his peremptory challenge expired. We therefore rule that the court abused its discretion by denying the peremptory challenge... ... ... Facts and proceedings... On October 19, 2007, Koivisto was...

7. Foster v. Municipality of Anchorage, No. 5378 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

William H. Foster was convicted of shoplifting two bottles of liquor. He argues that the jury had insufficient evidence to convict him of that offense because the Municipality's witnesses were not credible and because the Municipality offered no physical evidence to corroborate their testimony. Having reviewed the record, we conclude that there was sufficient evidence to support the jury's verdict. We therefore affirm Foster's conviction... ... ... Facts and proceedings... On April 20, 2007, at...

8. Jackson v. State, Court of Appeals No. A-9889 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

Calvin Jackson Jr. appeals the superior court's revocation of his probation and imposition of his remaining suspended imprisonment. We reject Jackson's claim that the evidence was not sufficient to support the decision to revoke his probation. We also... ... ... conclude that the imposition of Jackson's suspended imprisonment did not result in an excessive sentence. Accordingly, we affirm the superior court... Background facts and proceedings... On March 15, 2002, Jackson pleaded no contest to...

9. Carroll v. State, Court of Appeals No. A-9913 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

William W. Carroll appeals the superior court's dismissal of his third application for post-conviction relief. Carroll argues that the superior court erred when it dismissed his application because it was a successive application. We affirm the superior court because Carroll's application was barred by AS 12.72.020... ... ... Background facts and proceedings... In December 2000, the grand jury charged Carroll with one count of first-degree murder, three counts of attempted first-degree murder,...

10. Arrington v. State, Court of Appeals No. A-10048 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

Cleophus P. Arrington Jr. was stopped by a state trooper for driving without any visible registration on his vehicle and for making an improper right turn. Ultimately, as a result of this stop, Arrington was convicted of driving while under the influence. He argues that the stop was not supported by probable cause because the trooper was not credible in asserting that he witnessed Arrington violate several... ... ... traffic laws. We conclude that the trooper had probable cause for a traffic...

11. Taylor v. State, Court of Appeals No. A-9756 (Alaska App. 8/20/2008) (Alaska App., 2008)

August 20, 2008

Jerry W. Taylor was convicted of eluding a peace officer in the first degree, a class C felony.1 Taylor appeals, arguing that Superior Court Judge John Suddock erred in denying his motion to continue his trial so he could consult an expert witness on... ... ... eyewitness identification. We conclude that Judge Suddock did not abuse his discretion in denying the continuance... Taylor was a third felony offender for purposes of presumptive sentencing and therefore faced a presumptive term of 3 to...

12. Holden v. State, Court of Appeals No. A-10073 (Alaska App. 8/15/2008) (Alaska App., 2008)

August 15, 2008

This case is an appeal from the decision of the superior court in an administrative appeal (i.e., an appeal to the superior court from the final decision of an administrative agency). Under AS 22.05.010(c) and Alaska Appellate Rule 202(a), appeals of this nature are to be taken to the Alaska Supreme Court... ... ... The Appellant, Eric J. Holden, initially filed his appeal in the supreme court. Soon after, however, the State filed a motion seeking transfer of Holden's appeal to this Court. The...

13. Frank v. State, Court of Appeals No. A-9760 (Alaska App. 8/13/2008) (Alaska App., 2008)

August 13, 2008

Burns J. Frank killed Richard John by stabbing him with a knife. For this misconduct, a jury convicted Burns of second-degree murder.1 We affirmed Frank's... ... ... conviction on direct appeal.2 Frank applied for post-conviction relief and an attorney was appointed to represent him. Frank's attorney filed a certificate under Criminal Rule 35.1(e)(2)(C) stating that he should be allowed to withdraw from the case and that Frank's application did not allege a colorable claim for relief.3 The...

14. Krushensky v. Farinas, Supreme Court No. S-12395 (Alaska 8/8/2008) (Alaska, 2008)

August 8, 2008

I. INTRODUCTION... In accordance with Kevin Krushensky and Christine Farinas's property settlement agreement and a memorializing final property order, qualified domestic relations orders (QDROs) were to be entered for Kevin's two retirement plans. The... ... ... QDROs were to designate Christine "the surviving spouse to be awarded all pre-retirement death benefits... ... ... for at least a 55% annuity." But as ultimately entered, the QDROs also awarded Christine qualified pre-retirement...

15. Smith v. Stafford, Supreme Court No. S-12255 (Alaska 8/8/2008) (Alaska, 2008)

August 8, 2008

I. INTRODUCTION... This appeal stems from a Child in Need of Aid (CINA) case that was ultimately dismissed with the child's father being granted sole custody of his daughter. He subsequently sued the social worker who handled the case and her supervisor, alleging thirteen causes of action. The superior court dismissed all of the father's claims on summary judgment, holding that the claims were precluded by collateral estoppel or, alternatively, official immunity. Many of the claims were...

16. Paul v. State, Supreme Court No. S-12928 (Alaska 8/6/2008) (Alaska, 2008)

August 6, 2008

MEMORANDUM OPINION AND JUDGMENT*... I. INTRODUCTION... A father challenges the termination of his parental rights... ... ... II. FACTS AND PROCEEDINGS... The superior court in its decision terminating the parental rights of Paul G.1 set out the relevant background:... The father, Paul G., was born in... ... ... 1960... ... ... In 1990 Paul met Helen P. in Michigan. The two were never married. Paul and Helen's first child, Cassie G. was born [in 1990]. Andrew G. was born [in 1995]. Wyatt G. was...

17. Rhodes v. Erion, Supreme Court No. S-12402 (Alaska 8/1/2008) (Alaska, 2008)

August 1, 2008

I. INTRODUCTION... Evie Rhodes was involved in a car accident with Becky Erion, and Rhodes sued Erion. Erion made three offers of judgment to Rhodes under Alaska Civil Rule 68, but Rhodes failed to accept these offers. The case proceeded to trial, and the jury awarded Rhodes $18,281.85 in damages. This verdict was at least five percent less favorable to Rhodes than an offer made by Erion, and Rhodes was therefore liable for... ... ... fifty percent of Erion's reasonable actual attorney's fees...

18. Jarvill v. Porky's Equipment, Inc., Supreme Court No. S-12457 (Alaska 8/1/2008) (Alaska, 2008)

August 1, 2008

I. INTRODUCTION... Gary Jarvill alleges that a design defect in the boat he purchased from Porky's Equipment, Inc. caused it to sink in its harbor slip less than three years after purchase. Jarvill appeals the superior court's ruling that the statute of limitations bars his product defect and negligence claims. Because the evidence fails to support the trial court's finding that Jarvill's cause of action accrued — and the statute of limitations began to run — before the boat sank,...

19. McLane v. Paul, Supreme Court No. S-12872 (Alaska 8/1/2008) (Alaska, 2008)

August 1, 2008

I. INTRODUCTION... When Chad Paul and Sharon McLane divorced in 2006, they entered into a court-approved settlement agreement granting Sharon physical custody of their six-year-old daughter Alexis during the school year in Alaska and Chad summer visitation... ... ... in Illinois. While Alexis was with Chad for the summer visitation, Chad suggested to Sharon that they reverse their custody arrangement. The parties discussed this possibility through the end of the summer, but Sharon refused to...

20. Rapp v. State, Court of Appeals No. A-9197 (Alaska App. 7/30/2008) (Alaska App., 2008)

July 30, 2008

Shortly after the superior court sentenced Lisa E. Rapp pursuant to a plea agreement, Rapp attacked both the sentencing procedures and the sentence she received. In this appeal, we address two questions: (1) did the superior court commit plain error by sentencing Rapp without a presentence report after Rapp expressly requested that the court proceed without one; and (2) did the superior court commit plain error by sentencing... ... ... Rapp without inquiring into the possibility that Rapp's...

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