NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(b). Summary disposition decisions of this Court do not create legal precedent and are not available in a publicly accessible electronic database. See Alaska Appellate Rule 214(d). SUMMARY DISPOSITION James John Tyson appeals his conviction for driving under the influence. 1 Tyson filed a motion to suppress, arguing that the police officer who stopped him lacked reasonable suspicion. The stop occurred at...
NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(b). Summary disposition decisions of this Court do not create legal precedent and are not available in a publicly accessible electronic database. See Alaska Appellate Rule 214(d). SUMMARY DISPOSITION Kevin Glover was convicted of operating a vehicle under the influence of a controlled substance, driving with a revoked license, fourth-degree weapons misconduct (possession of a weapon while under the influence),...
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, although it may be cited for whatever persuasive value it may have. See McCoy v. State , 80 P.3d 757 , 764 (Alaska App. 2002). MEMORANDUM OPINION Judge ALLARD ....
OPINION Judge MANNHEIMER . Adam Charles Dere was charged with first-degree robbery, fourth-degree assault, and third-degree theft, 1 based on allegations that Dere borrowed another man's mobile phone and then, when the man asked Dere to return his phone, Dere assaulted the man with an electrical stun device and ran off with the phone. The primary issues in this appeal arise from the fact that the jury at Dere's first trial was unable to reach a verdict on the robbery charge, and the...
SUMMARY DISPOSITION This is a summary disposition issued under Alaska Appellate Rule 214(b). Summary disposition decisions of this Court do not create legal precedent and are not available in a publicly accessible electronic database. See Alaska Appellate Rule 214(d). Ezial Avery was convicted after a bench trial of two counts of first-degree sexual assault, one count of fourth-degree assault, and one count of violating a domestic violence protective order. 1 Avery subsequently filed...
NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(b). Summary disposition decisions of this Court do not create legal precedent and are not available in a publicly accessible electronic database. See Alaska Appellate Rule 214(d). SUMMARY DISPOSITION Michael Joseph Davis Jr., appeals the district court's dismissal of his application for post-conviction relief after his attorney submitted a certificate of no merit. 1 Davis argues that the district court...
NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(b). Summary disposition decisions of this Court do not create legal precedent and are not available in a publicly accessible electronic database. See Alaska Appellate Rule 214(d). SUMMARY DISPOSITION William Simmonds was sentenced to serve 99 years for attempted second-degree sexual abuse of a minor pursuant to AS 12.55.125(i)(4)(E). He appeals this sentence on the ground that AS 12.55.125(i)(4)(E) violates...
NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(b). Summary disposition decisions of this Court do not create legal precedent and are not available in a publicly accessible electronic database. See Alaska Appellate Rule 214(d). SUMMARY DISPOSITION Michael Saofaga Jr. pleaded guilty to two counts of theft in the second degree. 1 Count I encompassed the theft of six different vehicles between August and October 2015. Count II was for the theft of a seventh...
NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(b). Summary disposition decisions of this Court do not create legal precedent and are not available in a publicly accessible electronic database. See Alaska Appellate Rule 214(d). SUMMARY DISPOSITION Edward J. Henn appeals the denial of his application for post-conviction relief. For the reasons explained here, we affirm the superior court's judgment. In December 2012, Henn pleaded guilty to one count 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 WOLLENBERG . Following a jury trial, James L. Galaktianoff was convicted of one count of first-degree sexual abuse of a minor for digitally...
OPINION Judge MANNHEIMER . The facts of this case are tragic: Two teenage girls, Brooke McPheters and Jordyn Durr, were walking along a sidewalk in Anchorage when a vehicle driven by Stacey Allen Graham jumped the curb at high speed. Graham's vehicle struck the girls, mortally injuring both of them. Graham was heavily intoxicated at the time. Three hours after the collision, his blood alcohol level was measured at .18 percent. Just prior to the collision, witnesses observed Graham...
OPINION Judge ALLARD , writing for the Court. Following a jury trial, Stephen W. Alvarado was convicted of four counts of first-degree sexual abuse of a minor based on evidence that he sexually abused his six-year-old daughter, S.S., on two separate occasions. 1 At sentencing, the court imposed a composite sentence of 57 years and 6 months to serve. Alvarado challenges both his convictions and his sentence, raising four claims of error. Alvarado argues first that the superior 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 . Steve Claudy Lapitre was convicted of second-degree murder for shooting and killing Kylan Brown outside an Anchorage club on August 11,...
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, Starla Mary Miller was convicted of one count of second-degree sexual abuse of a minor for paying her nine-...
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 . Costia Inga III appeals the superior court's dismissal of his application for post-conviction relief. For the reasons explained in...
