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   State Courts - Alaska - November 22 - December 3, 1999

  
Chenega Corp. v. Exxon Corp., Supreme Court Nos. S-7252, S-7512, No. 5211, SUPREME COURT OF ALASKA, November 22, 1999, Decided
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Overview: The jury instructions that native corporations could not assert the federal government's claims for lost use of selected but unconveyed lands damaged by oil spill were erroneous; allowing set-off from a liability fund was not error.

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Kodiak Island Borough v. Exxon Corp., Supreme Court No. S-7581, No. 5210, SUPREME COURT OF ALASKA, November 22, 1999, Decided
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Overview: Appellant cities were entitled to claim damages for diverting services to clean up an oil spill from appellees' vessel where federal maritime law did not preempt Alaska's strict liability hazardous substances statutes.

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Hanson v. State, Court of Appeals No. A-6824, No. 4152, COURT OF APPEALS OF ALASKA, November 24, 1999, Decided
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Overview: The trial court's denial of defendant's motion to dismiss the indictment was not an abuse of discretion; the State was not obliged to instruct the grand jury on a defendant's possible defense.

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Bohanan v. State, Court of Appeals No. A-6907, No. 1656, COURT OF APPEALS OF ALASKA, November 26, 1999, Decided
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Overview: Sexual assault conviction affirmed; execution of a Glass warrant does not raise the same policy concerns as execution of the usual search warrant, because Glass warrants do not involve a person's right to physical privacy.

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Moore v. Department of Natural Resources, Supreme Court No. S-8624, No. 5209, SUPREME COURT OF ALASKA, November 26, 1999, Decided
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Overview: Company's mining rights on state-selected, but not yet approved, federal lands were nullified because company was not qualified to conduct business in the state.

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Willis v. Dep't of Revenue, Child Support Enforcement Div., Supreme Court No. S-8367, No. 5208, SUPREME COURT OF ALASKA, November 26, 1999, Decided
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Overview: Case was remanded, because decision requiring payment of child support arrears and ongoing monthly payments failed to explain denial of request to reduce child support debt by applying financial hardship exemption.

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Osborne v. Buckman, Supreme Court No. S-8466, No. 5213, SUPREME COURT OF ALASKA, December 3, 1999, Decided
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Overview: Because bankruptcy stay tolled the statute of limitations, the appellants' judicial foreclosure suit was timely. Grant of summary judgment in favor of appellees reversed.

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Smith v. State, Court of Appeals No. A-4054, No. 1657, COURT OF APPEALS OF ALASKA, December 3, 1999, Decided
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Overview: Evidence illegally obtained from a defendant's home that would have been discovered through predictable investigative processes was not suppressed under the inevitable discovery exception to the exclusionary rule.

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State ex rel. Husa, Supreme Court No. S-8370, No. 5212, SUPREME COURT OF ALASKA, December 3, 1999, Decided
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Overview: The order reducing some of the husband's child support was reversed because an agreement to reduce the support obligation did not meet strict procedural requirements and retroactive modification of child support obligation was prohibited.

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