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   State Courts - Alaska - January 5 - January 19, 2000

  
State v. Williams, Court of Appeals No. A-7130, No. 4170, COURT OF APPEALS OF ALASKA, January 5, 2000, Decided
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Overview: Dismissal of indictment was abuse of discretion since it did not appear the lost videotape and audiotape evidence would have created a reasonable doubt regarding appellee's guilt of driving while intoxicated.

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Raphael v. State, Supreme Court No. S-8645, No. 5229, SUPREME COURT OF ALASKA, January 7, 2000, Decided
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Overview: Convictions for assault and kidnapping were reversed for violation of due process and the right to presence because the victim was improperly detained pending trial and the defense was not notified of the order to jail the victim.

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Brown v. State, Court of Appeals No. A-6997, No. 4172, COURT OF APPEALS OF ALASKA, January 12, 2000, Decided
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Overview: Lower court's finding that defendant had an unjustifiable subjective belief that she had an immunity agreement with the State was not clearly erroneous.

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Larson v. State, Court of Appeals No. A-7032, No. 4171, COURT OF APPEALS OF ALASKA, January 12, 2000, Decided
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Overview: Evidence was properly admitted in defendant's murder trial, since all police actions leading to the discovery of that evidence were justified by recognized exceptions to the warrant requirement.

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D.M. v. State, Supreme Court No. S-8294, No. 5230, SUPREME COURT OF ALASKA, January 14, 2000, Decided
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Overview: The decision to terminate the mother's parental fights was affirmed; the application of the higher standard of proof did not change the sole issue to be litigated at the adjudication hearing.

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Lee v. State, Court of Appeals No. A-7051, No. 4175, COURT OF APPEALS OF ALASKA, January 19, 2000, Decided
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Overview: Where appellant never indicated an intent to contest whether his nolo contendere plea violated his probation, harmless error existed in the lower court judge failing to formally state appellant violated probation.

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Perry v. State, Court of Appeals No. A-6968, No. 4174, COURT OF APPEALS OF ALASKA, January 19, 2000, Decided
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Overview: It was not an abuse of discretion to permit the introduction of a recorded phone call, in defendant's vehicle theft trial, since the call was relevant as probative of defendant's knowledge and intent.

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Roberts v. State, Court of Appeals No. A-7129, No. 4177, COURT OF APPEALS OF ALASKA, January 19, 2000, Decided
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Overview: Conviction for third-degree assault reversed where there was not sufficient evidence to support conclusion that appellant kicked victim under circumstances creating substantial risk of death.

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Weaver v. State, Court of Appeals No. A-7277, No. 4173, COURT OF APPEALS OF ALASKA, January 19, 2000, Decided
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Overview: Sentence for first time felony offender convicted of sexual assault which was within the 10- to 15-year benchmark range established by case law, was upheld.

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