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 2015, the Alaska legislature amended AS 12.55.027(d) to grant defendants credit against their sentences of imprisonment for the...
OPINION Judge ALLARD , writing for the Court. Jennifer Anderson is the wife of Jeremy Anderson, a former high school teacher. Jeremy Anderson currently stands indicted on multiple counts of first- and second-degree sexual abuse of a minor, based on allegations that he had sexual intercourse with one of his students, fifteen-year-old K.H., over the span of four months. Mrs. Anderson has asserted her spousal immunity privilege not to testify against her husband at his trial. 1 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 . In early April 2012, a Fairbanks police officer stopped a pickup truck for equipment violations. The driver of this truck, P.W., 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 ALLARD . Jack Rueben Shaw was released on probation after serving time in prison for attempted first-degree sexual abuse of a minor. Shaw's...
OPINION Judge ALLARD . Jesus Alberto Cardenas was the driver of a car that was stopped for reckless driving. During the traffic stop, the officer asked Cardenas whether he had any guns in his vehicle. Cardenas replied in the affirmative, and moved his body and hands towards the back seat, where a black fabric rifle case was sitting. The rifle case was fully zipped up and lying on the back seat behind the passenger seat, outside Cardenas's immediate reach. The officer ordered Cardenas to...
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 . Vernon S. Bavilla appeals the dismissal of his application for post-conviction relief. Bavilla's application was dismissed after his 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 ALLARD . In 2002, following a jury trial, Fred M. Esguerra was convicted of two counts of first-degree sexual abuse of a minor and one count of...
OPINION Judge MANNHEIMER . Stephanie Hamburg stands charged with manslaughter and criminally negligent homicide stemming from the death of her two-year-old daughter, who died of severe iron deficiency anemia and congestive heart failure. Hamburg's eligibility for bail release is governed by the pre-2018 version of Alaska's bail statute, former AS 12.30.011, and Hamburg currently remains in custody pursuant to a "no-bail" order that the superior court issued under that statute. Because...
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 . Jason M. Bailey appeals the superior court's dismissal of his petition for post-conviction relief. Bailey's petition was based on...
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 . Jordan R. Vonda was convicted, following a jury trial, of one count of first-degree sexual assault and six counts of furnishing alcohol...
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 WOLLENBERG . Following a jury trial, Keng Her was convicted of first-degree assault and first-degree misconduct involving weapons after he discharged 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 MANNHEIMER . Robert Itta Sr. was convicted of murdering his wife. This Court affirmed Itta's conviction in 1994. See Itta v. State, unpublished,...
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 . James E. Hottenstein sexually abused his daughter over the course of two years. Hottenstein was initially indicted on four counts 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 ALLARD . Elizabeth M. Wolverton was convicted, following a jury trial, of driving under the influence and reckless driving. 1 Wolverton raises...
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 . Jack Lott appeals his conviction for felony driving under the influence, AS 28.35.030(n). He contends that the evidence presented at his...
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 question presented in this appeal is whether the defendant, David Andrew Sanders, is covered by the legislature's 2006 revision...
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 . Loren J. Larson Jr. appeals the decision of the superior court dismissing his petition for writ of habeas corpus. Larson was...
OPINION Judge ALLARD . This appeal requires us to construe Alaska Criminal Rule 45(c)(3) and to clarify when criminal offenses arise from the "same criminal episode" for purposes of determining a defendant's speedy trial rights under Criminal Rule 45. Relevant facts Responding to a tip about drug dealing at a local gas station, an Alaska State Trooper observed Timothy Santa Baker drive up to a gas pump and a woman get into Baker's vehicle. The trooper then watched as Baker drove his...
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 . Scott Alan Higgins was convicted, following a jury trial, of first-degree burglary and third-degree theft. Higgins now appeals these...
OPINION Judge MANNHEIMER . As a condition of his probation, Roy F. Silas was ordered to participate in sex offender treatment as directed by his probation officer, and to "not ... discontinue treatment" unless he had his probation officer's approval. After Silas had participated in a sex offender treatment program for over a year, the program director terminated him from the program for various reasons (reasons that we will examine in this opinion). Based on Silas's termination from the...
