OPINION Judge ALLARD . Tex D. Daniels II pleaded guilty to one consolidated count of first-degree assault 1 and one count of operating a vehicle under the influence of alcohol 2 for striking two pedestrians while driving under the influence. At sentencing, Daniels asked the court to refer his case to the statewide three-judge sentencing panel because of his extraordinary potential for rehabilitation and his exemplary post-offense conduct. He also argued that referral to the three-judge...
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 HANLEY, Judge. Eugene G. K. Laschober was convicted of felony driving under the influence. On appeal, Laschober claims that he was stopped unlawfully and that...
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 ALLARD, Judge. Following a jury trial, Abraham E. Henry was convicted of first-degree assault for stabbing his sister in the chest. 1 Although Henry was...
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. In 2006, Lori Jean Phillips was convicted of three offenses under the Anchorage Municipal Code: driving under the influence, refusing to...
OPINION Judge MANNHEIMER. The State of Alaska is prosecuting Demetrius J. Finley for a drug offense, and the State wishes to call Thomas B. Dickson as a witness at Finley's trial. The State concedes that Dickson's testimony would be self-incriminatory, so the State has granted "transactional" immunity to Dickson — promising him that he will not be prosecuted by the State of Alaska for any crime he is compelled to testify about. The Alaska Constitution requires this complete immunity when a...
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 PER CURIAM. Adam M. Milazzo was released from custody prior to his trial on numerous charges. The superior court imposed various conditions of release, including...
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. Lori Jean Phillips appeals the composite sentence of 698 days to serve that she received in the three cases listed above. For the reasons...
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. Sammy L. Cohen appeals his convictions for unlawful exploitation of a minor (for taking nude and semi-nude photographs of his teenage...
OPINION HANLEY, Judge. In this appeal, we are asked to decide whether the grand jury clause of the Alaska Constitution (article I, section 8) requires grand juries to be instructed that they have absolute discretion to refuse to return an indictment, even when the State presents sufficient evidence to support the accusation. In this case, the superior court ruled that grand juries must be instructed in this fashion. For the reasons explained here, we reverse that decision. Underlying facts...
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 Judge ALLARD. Jack Lee Bennett Jr. was convicted of felony driving under the influence under two alternative theories: based on evidence that his blood...
OPINION Judge HANLEY. This petition for review raises the question of what statute of limitation applies to the filing of an application for post-conviction relief by a defendant who pursued a direct appeal of his sentence but not his conviction. Byron F. Geisinger was convicted of several crimes after a fatal motor vehicle collision, and he was sentenced to 16 years to serve. 1 He appealed his sentence, arguing that it was excessive and that the court erred by rejecting his proposed...
OPINION HANLEY, Judge. In November 2008, Patrick L. Tickett was driving his snow machine from Kotzebue to Noorvik at approximately sixty miles per hour after having consumed alcohol, marijuana, and cocaine. Two people with a team of sled dogs were on the trail at the same time. Tickett did not see the people or dogs until it was too late for him to avoid a collision. Tickett's snow machine struck the people, killing one and seriously injuring the other. A jury convicted Tickett of...
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 Judge MANNHEIMER. In August 2010, Randall G. Soellner went to a check-cashing store in Anchorage and attempted to cash a stolen and forged personal check in the...
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 Judge MANNHEIMER. The State charged John Edward Lake with felony driving under the influence and felony breath-test refusal. The superior court concluded that...
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 Judge MANNHEIMER. Dirkston A. Gonzalez Jr. appeals his convictions for first-degree murder, attempted murder, and first-degree burglary. These convictions...
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 Senior Judge COATS, writing for the Court. On September 30, 2010, John K. Botson was stopped for driving the wrong way on a one-way street. During the stop,...
MANNHEIMER, Judge. OPINION Norman Wassilie litigated a petition for post-conviction relief in the superior court. He was initially represented by an attorney from the Public Defender Agency. But after the assistant public defender investigated Wassilie's case, he filed a certificate of "no arguable merit" under Alaska Criminal Rule 35.1(e)(2). In other words, Wassilie's attorney told the superior court that, after investigating Wassilie's potential claims for post-conviction relief, the...
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. Matthew William Pierce appeals his convictions for driving under the influence, for consuming alcoholic beverages as a minor, and for...
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 333of law. MEMORANDUM OPINION MANNHEIMER, Judge. A jury convicted Patrick H. Torrence of third-degree assault for placing his co-worker Justin Giles in a chokehold. At Torrence's trial,...
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 ALLARD, Judge. As part of a plea agreement, Rockford E. Derry pleaded guilty to felony DUI and violating conditions of his release and admitted to two petitions...
