Alaska Supreme & Appellate Court Headnotes From 2.17.2017

Alaska Supreme & Appellate Court Headnotes From 2.17.2017

Featured Case: Family Law | Marital Property | Equitable Distribution

 

HORNING, APPELLANT, V. HORNING, APPELLEE. Alaska Supreme Court

The trial court’s decision to consider each spouse’s healthcare eligibility as an equal benefit with respect to marital distribution was incorrect because it classified wife’s healthcare eligibility as marital property instead of separate property.

Family law – Divorce – Marital property – Separate property – Equitable distribution

 

 

Alaska Supreme Court Headnotes

 

HORNING, APPELLANT, V. HORNING, APPELLEE. Alaska Supreme Court

Because trial court based its decision to deny wife’s request for costs on an improper classification of marital and separate property, the trial court’s decision to deny wife’s motion for expert costs was vacated and remanded.

Family law – Divorce – Request for costs

 

 

Alaska Courts of Appeals Headnotes

 

DARIEN LAMAR JETER, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

When a defendant currently on probation who commits a new crime such that a new sentence is imposed in addition to probation revocation, all of the sentences do not necessarily need to be viewed as one composite sentence. Additionally, the defendant may appeal each sentence individually.

Criminal law – Sentencing – Composite sentence – Probation revocation

 

DENNIS OLSON, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

In deciding the merits of defendant’s necessity defense for violating a protective order, the trial court’s refusal to redact portions of restraining order imposed against was harmless error because sufficient jury instructions were provided.

Criminal law – Protective order – Necessity defense – Harmless error

 

FRANK LEWIS ADAMS, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

Defendant’s constitutional right to counsel was not violated, even if police questioned him in violation of the Edwards rule because defendant initiated the conversation and it was not tainted by any prior Edwards violation.

Criminal law – Edwards rule – Sixth Amendment – Right to counsel

 

FRANK LEWIS ADAMS, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

Even though defendant had been appointed legal representation for non-murder charges, defendant’s constitutional right to counsel was not violated with respect to unrelated murder charge when police questioned defendant without obtaining defendant’s attorney’s consent.

Criminal law – Miranda rule – Sixth Amendment – Right to counsel

 

FRANK LEWIS ADAMS, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

Defendant waived his right to argue on appeal that his statements were made in violation of Miranda when he failed to raise that argument at trial.

Criminal law – Miranda rule – Waiver of suppression claim

 

FRANK LEWIS ADAMS, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

Defendant’s statement not found to be made involuntarily despite being made while drunk, injured in car crash and subjected to pepper spray and Taser, because police conduct was not coercive and even if it was, there must be evidence that the defendant’s will was overcome, which it was not.

Criminal law – Involuntary statements

 

FRANK LEWIS ADAMS, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

Defense counsel’s decision not to raise the confrontation clause objection at trial was not the result of attorney incompetence because most of the expert witness’ testimony would have been admissible anyways even if the confrontation clause objection had been timely raised.

Criminal law – Ineffectiveness of counsel – Confrontation clause

FRANK LEWIS ADAMS, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

Based on defendant’s history of violence and unlikeliness he could be rehabilitated, the trial court’s decision not to allow defendant to apply for discretionary parole was supported by the record and not in error.

Criminal law – Excessive sentence

RONALD F. WYATT, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

Defendant’s second application for post-conviction relief was incorrectly dismissed because defendant set forth a prima facie argument that his attorney in his first application for post-conviction relief was incompetent because the attorney abandoned a litigable claim for a meritless one.

Criminal law – Right to testify at trial – Post-conviction relief – Ineffective assistance of counsel

 

RONALD F. WYATT, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals

A defendant’s post-conviction relief request may not include issues that were raised, or could have been raised, during defendant’s direct appeal of the convictions.

Criminal law – Post-conviction relief