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   State Courts - Alaska - January 2 - January 9, 2002

  
Butler v. State, Court of Appeals No. A-7938, No. 4513, COURT OF APPEALS OF ALASKA, January 2, 2002, Decided
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Overview: Based on the defendant's numerous assault convictions, his long history of probation violations, and the circumstances surrounding the resisting arrest offense, trial court did not err in finding the defendant a worst offender.

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Carpentino v. State, Court of Appeals No. A-7659, No. 1781, COURT OF APPEALS OF ALASKA, January 4, 2002, Decided
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Overview: Evidence of defendant's other acts of sexual assault or abuse was inadmissible, because the State failed to show foundational facts that defendant's other acts of sexual assault or abuse were similar to his conduct with the victim.

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Wright v. State, Court of Appeals No. A-8120, No. 1782, COURT OF APPEALS OF ALASKA, January 4, 2002, Decided
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Overview: Tardiness of a peremptory challenge was not excused, where, after defendant secured counsel, the defendant and counsel failed to diligently pursue the potential peremptory challenge for 30 days.

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Makris v. State, Court of Appeals No. A-7691, No. 4514, COURT OF APPEALS OF ALASKA, January 9, 2002, Decided
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Overview: Where defendant did not provide an affidavit from his trial attorney or explain why one could not be provided, no prima facie claim of ineffective assistance of counsel was established, and it was not an abuse of discretion to dismiss the claim.

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Moore v. State, Court of Appeals No. A-7745, No. 4516, COURT OF APPEALS OF ALASKA, January 9, 2002, Decided
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Overview: Defendant's conviction for the lesser offense of fourth-degree controlled substance misconduct merged into the greater offense, third-degree controlled substance misconduct, where the two offenses arose out of a single act of cocaine possession.

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Palombia v. State, Court of Appeals No. A-8039, No. 4518, COURT OF APPEALS OF ALASKA, January 9, 2002, Decided
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Overview: Court did not err in finding defendant to be worst offender for sentencing purposes in DWI case, where defendant had several prior DWIs, and was not amenable to rehabilitation.

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Rezendes v. State, Court of Appeals No. A-7776, No. 4515, COURT OF APPEALS OF ALASKA, January 9, 2002, Decided
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Overview: The conviction was upheld because defendant consented to have the public approach his residence by way of his driveway, and there was substantial evidence supporting the finding that defendant consented to the search of the garage.

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Santillana v. State, Court of Appeals No. A-7820, No. 4517, COURT OF APPEALS OF ALASKA, January 9, 2002, Decided
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Overview: Counsel was not ineffective in defendant's rape trial for failing to introduce expert testimony regarding age of scratches on defendant's face, where attorney consulted with investigator and decided physician would be unable to determine age.

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