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   State Courts - Alaska - March 22 - April 5, 2000

  
Reyes v. State, Court of Appeals No. A-7337, No. 4195, COURT OF APPEALS OF ALASKA, March 22, 2000, Decided
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Overview: On appeal of a sentence contending it was excessive, the judgment was affirmed, because given the aggravating circumstances of the case, the judge was not clearly mistaken when he sentenced defendant.

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State v. Oxereok, Court of Appeals No. A-7197, No. 4194, COURT OF APPEALS OF ALASKA, March 22, 2000, Decided
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Overview: On the State's appeal of a domestic violence case where the offender was allowed to return to the residence of his victim, the order was reversed because it contradicted the statute pertaining to domestic violence cases.

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Swett v. Municipality of Anchorage, Court of Appeals No. A-7265, No. 4193, COURT OF APPEALS OF ALASKA, March 22, 2000, Decided
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Overview: Appellant's right to consult with an attorney was not violated where a police officer had to hold the telephone to appellant's ear under the circumstances because defendant was handcuffed for officer safety in sub-station.

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Jerrel v. State, Supreme Court No. S-8436, No. 5254, SUPREME COURT OF ALASKA, March 24, 2000, Decided
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Overview: Regulation not adopted in accordance with administrative procedures was invalid. Indicia of regulation were: it implemented or interpreted law administered by agency, and affected or was used in dealing with the public.

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Higgins v. State, Court of Appeals No. A-7222, No. 4196, COURT OF APPEALS OF ALASKA, March 29, 2000, Decided
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Overview: State filed a formal request for restitution. Defendant did not respond to State's pleading. He never requested a hearing. He was entitled to contest the amount of restitution, but he abandoned that right through inaction.

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Risinger v. State, Court of Appeals No. A-7263, No. 4197, COURT OF APPEALS OF ALASKA, March 29, 2000, Decided
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Overview: A trial court amending sentence on remand was not required to hold second sentencing hearing where defendant received full and fair hearing the first time.

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Adams v. State, Court of Appeals No. A-7355, No. 4201, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: The trial court's revocation of appellant's probation and imposition of suspended term of imprisonment was affirmed, because the trial court evaluated the relevant circumstances before imposing the sentence on appellant.

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Kushida v. State, Court of Appeals No. A-7267, No. 4200, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: The trial judge correctly found that aggravator Alaska Stat. § 12.55.155(c)(10) applied to appellant's no contest plea to attempted sexual abuse of a minor, where the finding was based on substantial evidence.

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Midgett v. State, Court of Appeals No. A-7191, No. 4199, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: The judgment of the trial court was reversed, because appellant was improperly denied the opportunity to cross-examine the teenage girl whom he allegedly sexually assaulted, as girl may have been biased.

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Shaw v. State, Court of Appeals Nos. A-7155, A-7156, No. 4198, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: When the evidence was viewed in the light most favorable to upholding lower court's decision, the evidence supported revocation of defendant's probation for contacting an individual who had a restraining order against him.

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