OPINION MANNHEIMER, Judge. Billie Rae Deemer was stopped by a state trooper for a traffic violation (failing to signal a turn). When the trooper asked Deemer to identify herself, she lied about her identity. A short time later, another trooper arrived on the scene who was acquainted with Deemer. The troopers then ran Deemer's name through their computer; this check revealed that there was a warrant for Deemer's arrest for failing to appear in a criminal case. Deemer was arrested, and the...
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION MANNHEIMER, Judge. Sheila M. Burke appeals her conviction for driving under the influence. 1 Burke contends that the police had insufficient...
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law. MEMORANDUM OPINION AND JUDGMENT COATS, Chief Judge. Bert Nelson was indicted on four counts of misconduct involving a controlled substance in the fourth degree 1 after...
OPINION COATS, Chief Judge. Douglas Bryan Lamkin pled guilty to one count of assault in the third degree (a class C felony) 1 and driving under the influence. 2 At sentencing, Lamkin asked the court to suspend the imposition of his sentence. The State opposed, arguing that the court was prohibited by statute from suspending the imposition of sentence for a felony assault. Superior Court Judge Michael Spaan concluded that Lamkin, a first-time offender, would have been a suitable...
OPINION BOLGER, Judge. Michael A. Silvera was convicted of second-degree assault after he cut David Moore in the face with a knife during an argument between Moore and Silvera's fianc e. Silvera argues that there was insufficient evidence for the jury to find that his conduct was not justified in defense of his fianc e. We conclude after reviewing the record that there was sufficient evidence for the jury to find that Silvera's assault was not justified. Silvera also argues, for the first...
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law. MEMORANDUM OPINION AND JUDGMENT BOLGER, Judge. Dr. Stephen W. Grandstaff prescribed excessive controlled substances for female patients and manipulated them to have sex...
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. MEMORANDUM OPINION MANNHEIMER, Judge. On September 5, 1995, a robbery took place at the Discount Truck Stop, a convenience store in Fairbanks. The clerk on duty, Trisha...
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law. MEMORANDUM OPINION AND JUDGMENT BOLGER, Judge. Fred A. Baker appeals from an order dismissing his application for post-conviction relief. Baker argues that both the Public...
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding precedent for any proposition of law. MEMORANDUM OPINION AND JUDGMENT COATS, Chief Judge. BOLGER, Judge, with whom MANNHEIMER, Judge, joins, concurring. A jury convicted Ronnie Moreno of two counts of sexual...
OPINION MANNHEIMER, Judge. Steven L. Chase was driving in Fairbanks when a state trooper pulled him over because Chase was not wearing his seatbelt. During this traffic stop, the officer discovered that Chase should not have been driving at all; Chase's driver's license was canceled. Chase was subsequently convicted of driving with a canceled driver's license and driving without his seatbelt fastened. 1 He appeals his convictions, arguing three different theories as to why his convictions...
OPINION MANNHEIMER, Judge. In April 2004, Duane Gene Ferguson was indicted for furnishing drugs to a nineteen-year-old woman, C.W., and then engaging in non-consensual sexual penetration with her. 1 Both of these crimes are unclassified felonies. 2 Through his attorney, Robin Koutchak, Ferguson negotiated a plea agreement with the State on the day that his trial was to begin. Under the terms of this agreement, the State dismissed the drug-distribution charge, and the sexual assault charge...
OPINION BOLGER, Judge. Steven Cleveland appeals the dismissal of his application for post-conviction relief, arguing that the statute of limitations that applied to his application was extended because he had filed a motion to correct an illegal sentence before the appeal from his conviction was concluded. We conclude that the statute of limitations was not extended by the pendency of Cleveland's motion to correct an illegal sentence. We also conclude that the superior court did not commit...
OPINION MANNHEIMER, Judge. Michael D. Howard appeals his conviction for fourth-degree assault. 1 Howard was convicted of this crime based on evidence that he kicked another man in the face and ribs. Howard's defense at trial was self-defense; he presented evidence that the purported victim of the assault actually initiated the violence. The issue presented in this appeal is whether the trial judge acted properly when he allowed the State to rebut Howard's claim of self-defense by...
OPINION MANNHEIMER, Judge. Estin W. Borchgrevink appeals his convictions for first-degree assault (infliction of serious physical injury) and for a merged count of first-degree sexual assault and first-degree sexual abuse of a minor (non-consensual sexual penetration of a child under the age of 13). 1 The issue on appeal is whether the State should have been allowed to introduce evidence at Borchgrevink's trial concerning an out-of-court statement made by the 2 -year-old victim when she was...
OPINION BOLGER, Judge. Harrietta Ulak pleaded guilty to assault in the third degree for injuring C.S. on more than one occasion, and Ulak admitted the aggravating factors that C.S. was a particularly vulnerable victim, and that her conduct manifested deliberate cruelty. At her sentencing hearing, however, Ulak denied that she had ever injured C.S. deliberately, and she requested that the superior court excise from the presentence report her grandchildren's hearsay statements that she had...
