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 . Troy D. Adams appeals his convictions for second-degree assault and fourth-degree assault. 1 Both of these convictions were based...
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 . Following a jury trial, Michael William James was convicted of two counts of first-degree sexual abuse of a minor 1 and twelve counts...
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 . Clayton Wayne Robertson appeals his convictions on two counts of second-degree controlled substance misconduct (one count of delivering...
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 . After pleading no contest to first-degree assault for attacking his ex-wife with an axe, Eli M. Mitchell Sr. filed an application 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 of law. MEMORANDUM OPINION PER CURIAM . Richard Charles Brandon filed an application for post-conviction relief. The superior court granted the State's motion to dismiss the application....
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 . Douglas Lee Seitz appeals his conviction for felony refusal to submit to a chemical test, arguing that the superior court abused its...
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 . Following a jury trial, Wilbert Paul Bowlin was convicted of second-degree assault for intentionally causing physical injury to his...
OPINION Judge ALLARD . A jury convicted Nathan L. Adams of felony driving under the influence of clonazepam, a controlled substance. 1 Adams appeals his conviction, arguing that the trial court instructed the jury in a manner that allowed it to convict him of driving under the influence even if his impaired driving was due to his physical exhaustion rather than his ingestion of clonazepam. We conclude that the court's instructions adequately conveyed to the jury that it could not...
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 . Mary E. Hicks was convicted of felony driving under the influence. 1 At Hicks's trial, the State presented evidence that Hicks...
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 . Joshua Jeremiah Ziegler was convicted of first-degree robbery and eight other felony offenses in connection with a shooting in...
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 KOSSLER . A jury convicted Michael Theodore Brown Jr. of second-degree assault, a felony, and four counts of misdemeanor assault for strangling...
OPINION MANNHEIMER , Judge . For centuries, Anglo-American law has recognized the power of the courts to hold litigants in contempt for disruption of judicial proceedings and willful disobedience of judicial orders. The question presented in this appeal is: When someone violates (or allegedly violates) a court order, who decides whether the situation merits a contempt proceeding Traditionally, the law has entrusted this decision to the court whose order was disobeyed. But the State...
OPINION Senior Justice MATTHEWS , writing for the Court. Vladimir A. Bochkovsky was convicted after a jury trial of misconduct involving a controlled substance in the second degree in violation of AS 11.71.020(a)(1) (possession of oxycodone with intent to deliver). At sentencing, the superior court rejected a proposed mitigating factor that the offense involved a small quantity of drugs and sentenced Bochkovsky to 6 years of imprisonment. On appeal, Bochkovsky contends that: (1) a state...
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 KOSSLER . The State charged John Russell Ingles with multiple probation violations. Ingles admitted three of the charged violations, and Superior...
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 . Following a jury trial, Ronald L. O'Neil was convicted of manslaughter for killing his neighbor. 1 On appeal, O'Neil claims that the...
OPINION KOSSLER , Judge . A jury convicted Michael H. Glasgow of third-degree assault after he pointed a knife at Timothy Whitehead following a confrontation about Whitehead's unleashed dogs. At trial, Glasgow requested jury instructions on the City of Homer's animal control laws and the Alaska statutes that authorize the killing, in certain circumstances, of an "at large" dog. We conclude that the trial court properly denied Glasgow's request for these instructions. The trial court...
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 KOSSLER . Andre Ronell Brown failed to report to his federal probation officer. When the probation officer made a home visit to Brown's last...
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 . Jeffrey Allan Hout suspected that Benjamin Kaiser had stolen his truck. With the help of an accomplice, Harry Williams, Hout...
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 . Jonathan W. McGraw Jr. was convicted of possessing one ounce or more of marijuana for purposes of distribution, and of maintaining...
OPINION MANNHEIMER , Judge . In this case, the State introduced scientific evidence — specifically, (1) the result of a breath test conducted on a hand-held "preliminary" breath testing device, and (2) the result of a chemical field test for marijuana — without first establishing the scientific validity of either test as required by State v. Coon, 974 P.2d 386 (Alaska 1999). (In Coon, the Alaska Supreme Court adopted the federal test for the admissibility of scientific evidence...
