A madman is the same with an absent person, [that le, his presence is of no ...
Alaska Supreme Court Court Cases
Guin v. Ha (1979)This case arises out of a medical malpractice suit brought by Melba Guin, appellant, against Young H. Ha, M.D., appellee. The principal issue raised on appeal requires us to determine if an insurer is liable for prejudgment interest which, when added to liability damages, exceeds the limitation on liability under the applicable insurance contract. This narrow issue is one of first impression in Alaska. A subsidiary question involves the determination of the proper rate of interest under [...]
Court: Alaska Supreme Court Docket: 3742
McClain v. State (1974)Appellant, Joseph Eugene McClain, was brought to trial on an indictment charging him with the manufacture and sale of heroin. In mid-trial his attorney advised the court that McClain, after considerable negotiation with the district attorney, desired to withdraw his pleas of not guilty and enter pleas of guilty to one count of manufacturing and one count of selling heroin. According to McClain's counsel, the state had agreed to dismiss all other counts of the indictment and other charges [...]
Court: Alaska Supreme Court Docket: 1927
Cooksey v. State (1974)
Appellant John Cooksey was arrested on October 5, 1972, and charged with the crime of assault with a dangerous weapon. On October 27, 1972, an indictment against Cooksey was returned and arraignment was held on October 30, 1972.
Court: Alaska Supreme Court Docket: 2076
State v. Chaney (1970)
Appellee Donald Scott Chaney was indicted on two counts of forcible rape and one count of robbery. After trial by jury, appellee was found guilty on all three counts. The superior court imposed concurrent one-year terms of imprisonment and provided for parole in the discretion of the parole board. The State of Alaska has appealed from the judgment and commitment which was entered by the trial court.
Court: Alaska Supreme Court Docket: 1249
This case concerns the regulatory authority of the Alaska Public Utilities Commission (APUC) under the Pipeline Act, AS 42.06.140-.640. In short, we must determine whether the APUC has jurisdiction to regulate the transportation of crude and refined oil through Kenai Pipe Line Company's (KPL) marine terminal facilities. The APUC concluded that it had jurisdiction over all movements of oil, crude and refined. The superior court affirmed the APUC's decision as to the movement of crude oil, but [...]
Court: Alaska Supreme Court Docket: S-1769, S-1798 and S-1799
Adolf Zeman, d/b/a A.Z. Construction, appeals from a grant of a summary judgment by the Superior Court in favor of Lufthansa German Airlines. Zeman sought to recover compensatory and punitive damages from Lufthansa based on breach of lease contract, promissory estoppel and fraud theories. We reverse in part and affirm in part.
Court: Alaska Supreme Court Docket: S-221
Joseph Handley is currently at the Spring Creek Correctional Center in Seward, serving a 45 year sentence imposed in 1978. Pursuant to 22 Alaska Administrative Code (AAC) 05.251 (1991), he was transferred to the Federal Bureau of Prisons (FBP) and was "housed" at the Fort Leavenworth Federal Prison (1978-1984), El Reno Federal Prison (1984-1986), and the Oxford Federal Prison (1986-1988), until he was transferred to Spring Creek Correctional Center in Alaska in October 1988.
Court: Alaska Supreme Court Docket: 3885
Love v. State (1969)
After a jury trial in the district court, appellants were convicted of illegal commercial fishing. The alleged offense occurred on August 21, 1967, in a portion of Red Bluff Bay closed to commercial salmon fishing. The sentences imposed consisted of substantial fines, suspension of appellants' commercial fishing licenses, and confiscation of the proceeds from a quantity of fish which appellants had caught.
Court: Alaska Supreme Court Docket: 1028, 1027 and 1026
Stephan v. State (1985)More than five years ago, in Mallott v. State, 608 P.2d 737 (Alaska 1980), we informed Alaska law enforcement officials that "it is incumbent upon them to tape record, where feasible, any questioning [of criminal suspects,] and particularly that which occurs in a place of detention." Id. at 743 n. 5 (citation omitted). This requirement (hereinafter the Mallott rule) was again noted in S.B. v. State, 614 P.2d 786 (Alaska 1980), with the observation that an electronic record of such interviews [...]
Court: Alaska Supreme Court Docket: S-387, S-406
Merrill v. Merrill (1962)
This is a divorce action in which the trial court granted the plaintiff wife a divorce from the defendant, Charles C. Merrill, and awarded her the sum of $35,000, apparently in lieu of any right or interest in certain property of the parties. The defendant, as the appellant here, contends that the award was excessive and unjust and states that this presents the only issue on which he seeks review.
Court: Alaska Supreme Court Docket: 77
Adams v. State (1976)
This appeal presents the question of whether the State of Alaska can be held liable for its part in the tragedy of the Gold Rush Hotel fire. In the early morning hours of January 13, 1970, the Gold Rush Hotel in Anchorage caught fire and rapidly burned to the ground. Five people, trapped in the hotel, died in the blaze; several others were injured in their escape.
Court: Alaska Supreme Court Docket: 2326
In recent years, unscrupulous acts and practices of independent debt collection agencies have come under increasing scrutiny from both the public and private sector. Consumer groups, state law enforcement agencies, private industry, and former members of the debt collection profession itself have collectively called for protection for consumers from unfair collection practices, including use of obscene or profane language, threats of violence or imprisonment, telephone calls at [...]
Court: Alaska Supreme Court Docket: 4109, 4165
Kelly v. Zamarello (1971)
This case challenges certain administrative actions of defendants Thomas E. Kelly, Commissioner of Natural Resources, and F.J. Keenan, Director, Division of Lands, in connection with the State of Alaska Competitive Oil and Gas Lease Sale No. 23, held September 10, 1960.
Court: Alaska Supreme Court Docket: 1255, 1256
State v. Glass (1978)
The sole issue presented by this petition for review is whether the superior court erred in granting a motion to suppress evidence obtained by electronic surveillance of the alleged narcotics transaction which gave rise to the respondent's indictment.
Court: Alaska Supreme Court Docket: 3565
On August 17, 1984, Connie Adamson, a thirty-three year old library clerk at the University of Alaska, was poked in the ribs from behind by a co-employee and fell down three steps, severely twisting her left ankle. She filed a workers' compensation claim on August 29, 1984, which the University did not controvert.
Court: Alaska Supreme Court Docket: S-3937
Wanberg v. Wanberg (1983)
This is an appeal of a property division entered by the superior court. The court awarded Dianne Wanberg property and rehabilitative alimony in the approximate total amount of $52,500, in the context of a marital estate valued at approximately $704,450. Dianne challenges the division as an abuse of the superior court's discretion.
Court: Alaska Supreme Court Docket: 6219
Mitford v. De Lasala (1983)
William H. Bittner, Patrick Owen, Birch, Horton, Bittner, Monroe, Pestinger & Anderson, Anchorage, for appellees Compass, San Miguel, Pan-Pacific, Ocean Bulkers, John Manners, San Roberto, Oceanic Finance, Summit Finance, North Breeze, South Breeze, San Jeronimo, Cosmopolitan Finance, Compania Nueva Del Oriente, Indo-Pacific, Java Intern., Compass Shipping and Northern Enterprises.
Court: Alaska Supreme Court Docket: 6755
Baker v. City of Fairbanks (1970)This case raises important questions about the right to jury trial for certain city ordinance violations. This necessarily means that we must reconsider the rationale of the opinion in Knudsen v. City of Anchorage, 358 P.2d 375 (Alaska 1960), which held that a person charged with a violation of a city ordinance prohibiting reckless driving was not entitled to a jury trial. Since Knudsen was decided, the United States Supreme Court in Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d [...]
Court: Alaska Supreme Court Docket: 1141
Whitton v. State (1970)
A jury found appellant guilty of the crime of robbery and of the crime of using a firearm during commission of the same robbery. Appellant raises several points on this appeal in support of his contention that a new trial should be ordered.
Court: Alaska Supreme Court Docket: 1153
Moore v. State (1976)This lawsuit concerns the legality of the sale of certain offshore oil and gas leases located in the vicinity of Kachemak Bay. Kachemak Bay is a highly productive marine environment, and a number of commercially valuable species of fish and shellfish inhabit the area. The sale in question was denominated the "28th Competitive Oil and Gas Lease Sale," and was conducted by the Division of Lands of the Department of Natural Resources of the State of Alaska on December 13, 1973. Plaintiffs sued to [...]
Court: Alaska Supreme Court Docket: 2551, 2587