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 AND JUDGMENT COATS, Chief Judge. Fred Esguerra was convicted of two counts of sexual abuse of a minor in the first degree and one count of attempted sexual...
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 precedent for any proposition of law. MEMORANDUM OPINION AND JUDGMENT BOLGER, Judge. Michael L. Hamilton and John Shook raise multiple challenges to the search of their residence, which was based on 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 MANNHEIMER, Judge. Brian F. Hall appeals the superior court's dismissal of his second petition for post-conviction relief. For the reasons explained here, we...
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. Albert L. Allen appeals the superior court's dismissal of his second petition for post-conviction relief. In this petition, Allen asserted...
OPINION COATS, Chief Judge. Yako William "Billy" Collins was convicted of sexual assault in the first degree. 1 Superior Court Judge Eric Smith sentenced Collins to twenty-five years of imprisonment with five years suspended. Collins appeals his conviction and sentence. We affirm Collins's conviction, but remand his case to the superior court to reconsider whether Collins's case should be referred to the three-judge panel for sentencing. Factual and procedural background The victim in...
Response to the Supreme Court's Order of January 7, 2009 PER CURIAM. In a petition for hearing currently pending before the Alaska Supreme Court, Byron Charles challenges his conviction for failing to register as a sex offender as required by Alaska's sex offender registration act, AS 12.63. (This Court affirmed Charles's conviction on direct appeal. See Charles v. State, Alaska App. Memorandum Opinion No. 5277 (Nov. 28, 2007); 2007 WL 4227335.) After Charles filed his petition 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 precedent for any proposition of law. MEMORANDUM OPINION AND JUDGMENT BOLGER, Judge. A parole officer found a bottle with crack cocaine in parolee Lewis Jordan Jr.'s pocket during an unannounced home visit. At...
OPINION MANNHEIMER, Judge. This case involves a witness who has been summoned to testify at a criminal trial, and who has been granted immunity pursuant to AS 12.50.101. Despite this grant of immunity, the witness continues to assert that he can lawfully refuse to testify because of the privilege against self-incrimination guaranteed by Article I, Section 9 of the Alaska Constitution, and the analogous privilege guaranteed by the Fifth Amendment to the United States Constitution. 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. Derrick A. Southhall appeals his convictions for first-degree burglary and second-degree theft. 1 Southhall argues that the police...
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. Gareth Demoski was indicted on various felony charges arising from his alleged sexual assaults on three different women over the course...
OPINION BOLGER, Judge. N.P. was drinking at a bar with a group of people, including Moses Milligan. After the bar closed, N.P. invited the group to continue drinking at her house. N.P. testified that she woke the next morning to find Milligan on top of her, engaging in sexual penetration. Milligan was convicted of sexual assault in the first and second degrees. At trial, Milligan claimed that N.P. experienced memory loss and did not remember consenting to sexual intercourse. He attempted to...
OPINION MANNHEIMER, Judge. Dale M. Harvey petitioned the superior court for post-conviction relief, contending that he received ineffective assistance of counsel from Larry A. Wiggins, the attorney who represented him in his underlying criminal case. The superior court denied Harvey's petition, and Harvey now appeals. Although the facts of Harvey's case potentially raise several issues, Harvey's claims in this appeal raise questions of a more limited scope. We are asked to define a 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 MANNHEIMER, Judge. Charles Paul Jacobson appeals his convictions for second-degree theft (theft of an access device) and third-degree theft (theft of services...
OPINION COATS, Chief Judge. Rodney A. McCarthy appeals his conviction for driving under the influence. 1 McCarthy argues that the trial court should have suppressed his Datamaster breath test result, and all statements he made during the DUI processing, because the officer who administered the breath test did not make an audio recording of the DUI processing. We uphold the trial court's ruling because McCarthy waived this issue through inadequate briefing, because the trial court found...
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. Willis Hamilton Jr. appeals his conviction for perjury, claiming that he was denied a fair opportunity to attack his indictment for...
OPINION BOLGER, Judge. After observing evidence of a domestic violence assault, the police entered a trailer where the suspect, Forrest J. Ahvakana, was staying, found him hiding in a bedroom closet, and arrested him. Ahvakana argues that this entry and search were illegal. He also argues that the police unlawfully seized bloody clothing they found inside the trailer. We conclude that the entry and search of the trailer were justified under the circumstances of this case. The police...
OPINION BOLGER, Judge. Tanya Frankson was convicted of two counts of third-degree assault and one count of failing to render assistance following an accident. The State's witnesses testified that Frankson drove a four-wheeler toward two women, hitting one woman and frightening the other. Frankson's defense was that the two women were punching her, and that the accident occurred when she was trying to get away from them. On appeal, Frankson argues that the trial judge should have instructed...
OPINION COATS, Chief Judge. Leon D. Ruaro appeals his conviction for misconduct involving a controlled substance in the third degree for possessing cocaine with intent to deliver. The conviction arose after police, acting under the authority of a search warrant, searched a package that was shipped to Ruaro in Ketchikan through Alaska Marine Lines. The package contained one hundred grams of cocaine. Ruaro appeals, arguing that the testimony which the State presented to the magistrate at 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 precedent for any proposition of law. MEMORANDUM OPINION AND JUDGMENT BOLGER, Judge. Ricardo Molina was convicted of felony refusal to submit to a chemical test and sentenced to four years to serve. He argues...
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. The petitioner, T.P., is a minor who was accused of delinquency in two separate proceedings, one filed in Bethel and the other filed in...
