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 with the State, Justin A.D. Nelson pleaded guilty to attempted first-degree sexual abuse of a minor. Nelson...
OPINION Judge MANNHEIMER . In December 2010, James E. Barber was living in Sitka at the home of a friend. On the evening of December 20th, three men wearing ski masks entered the home, beat Barber with a baseball bat, and shot his friend's adult son, Matthew Hornaman, in the arm. The three assailants — Chris Bettencourt, his son Jeff Bettencourt, and their friend Lance Smith — then left the home, got into the Bettencourts' truck, and began to drive away. Barber went to his bedroom,...
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 . Terry W. Suiter was convicted, following a jury trial, of felony driving under the influence. 1 He now appeals his conviction, raising...
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, Jennifer C. Goodwin was convicted of third-degree theft and separately convicted, based on that theft, of violating a...
OPINION Judge ALLARD . Bobby Jack Bass was convicted of failure to render assistance to an injured person after a vehicle accident, a felony under AS 28.35.060(c). On appeal, Bass argues that the superior court improperly instructed the jury on the elements of this crime. We agree with Bass, and we reverse his conviction. Relevant legal background A pair of statutes, AS 28.35.050 and AS 28.35.060, define the duties of a driver who is involved in an accident where one or more people...
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 . On September 23, 2011, at around 1:45 a.m., an intoxicated Gregory Lee Fulling drove for fourteen miles on the wrong side of the Glenn Highway...
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 . On December 16, 2013, Anchorage police officers arrested Michael Sung Soo Lee for driving under the influence (DUI). A subsequent breath test...
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 . In 1998, Etta M. Bavilla pleaded no contest to first-degree murder after she stabbed her infant son to death during a schizophrenia-induced...
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 SUDDOCK . Aaron Maurice Cook shot and wounded two persons outside Platinum Jaxx, a club in downtown Anchorage. A jury found him guilty of first-degree...
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 . On January 23, 2008, Sheldon Marvin Fox II signed himself out of a community residential center where he was serving a prison sentence and did...
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 A jury convicted Michael Joseph Davis Jr. of two counts of violating the conditions of his bail release — specifically, the condition 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 . In April 2012, pursuant to a plea agreement, Jeremy Eagle Windsor pleaded guilty to one count of second-degree theft and one count...
OPINION Judge MANNHEIMER . At the conclusion of a jury trial, the defendant in this case, Lennie Lane III, was found guilty of first-degree sexual assault, second-degree physical assault, and evidence tampering. Following the trial, but prior to sentencing, Lane's attorney filed a motion asking the superior court to make a post-verdict finding (under the procedures set forth in AS 12.47.060) that Lane was "guilty but mentally ill". Prompted by the defense attorney's motion, the superior...
OPINION Judge SUDDOCK . A jury convicted Christopher S. Hess of second-and third-degree assault for strangling his mother, Patricia Hess. On appeal, he challenges aspects of the prosecutor's final argument. We agree that some of the prosecutor's statements were inflammatory and thus improper. But because Hess did not object to these remarks, he must establish that they undermined the fundamental fairness of his trial. We conclude that they did not. Facts and proceedings Responding to 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 Judge SUDDOCK . Leeann Rose Wilde was convicted of fourth-degree misconduct involving a controlled substance after she admitted, during a traffic stop,...
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 . Seth Martin Timmer was convicted of third-degree assault for strangling his girlfriend. In this appeal, Timmer argues that he 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 Judge SUDDOCK . In 2008 James Marvin Lovett pled guilty to drug charges, but he absconded before his sentencing. By the time Lovett was arrested a year...
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 SUDDOCK . Harley Ron Debeaulieau was convicted of felony driving under the influence, felony eluding, reckless driving, and driving while...
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 . In State v. Silvera we recognized that a sentencing court can consider the harsh collateral consequences of deportation as a non-...
OPINION Judge MANNHEIMER , writing for the Court and writing a separate concurrence in which Judge ALLARD joins. Frederick A. Pitka was arrested for driving under the influence. Following Pitka's arrest, officers at the scene searched the ashtray of his car (without a warrant) and discovered a bindle of cocaine. Based on the discovery of this cocaine, Pitka was indicted for, and later convicted of, fourth-degree controlled substance misconduct. (He was also convicted of driving under the...
