Alaska, January, 2007, State Case law

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State Courts - Alaska - January 5 - January 22, 2007

Greywolf v. Carroll, Supreme Court No. S-11830, No. 6089, SUPREME COURT OF ALASKA, January 5, 2007, Decided
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Overview: In a malicious prosecution case, although plaintiff's actions were eventually determined not to constitute assault, because there was probable cause to believe a crime had been committed and that defendant was justified in calling the police to make a report and ask for an investigation, the court correctly granted summary judgment to defendant.

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Padgett v. State, Court of Appeals No. A-9050, No. 5160, COURT OF APPEALS OF ALASKA, January 10, 2007, Decided
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Overview: Following first-degree murder conviction, trial court did not err in exercising discretion, under Alaska Stat. ? 12.55.115, in deciding to restrict defendant's parole eligibility because killing of defendant's mother was premeditated, defendant had lengthy history of unsuccessful performance on parole, and this offense was of an aggravated nature.

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Thorn v. State, Court of Appeals No. A-9378, No. 5159, COURT OF APPEALS OF ALASKA, January 10, 2007, Decided
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Overview: Defendant was sentenced as a third felony offender, following defendant's entry of no contest plea to felony DUI. Defendant's argument that superior court's use of aggravator pursuant to Alaska Stat. ? 12.55.155(c)(15) violated state constitution was rejected because defendant failed to preserve error, and defendant failed to show plain error.

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Thoeni v. Consumer Elec. Servs., Supreme Court No. S-11897, No. 6090, SUPREME COURT OF ALASKA, January 12, 2007, Decided
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Overview: Alaska Workers' Compensation Board abused its discretion when it determined that a claimant should forfeit her temporary total disability benefits when she refused to travel 2500 miles from her home to attend an employer's independent medical examination; requiring the claimant to travel that distance was manifestly unreasonable.

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Wetherhorn v. Alaska Psychiatric Inst., Supreme Court No. S-11939, No. 6091, SUPREME COURT OF ALASKA, January 12, 2007, Decided
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Overview: Court held that Alaska Stat. ? 47.30.915(7)(B) was constitutional so long as it was construed to require a level of incapacity so substantial that the patient could not survive safely in freedom.

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Huntington v. State, Court of Appeals No. A-9227, No. 2080, COURT OF APPEALS OF ALASKA, January 19, 2007, Decided
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Overview: Defendant's statutory right to call an attorney under Alaska Stat. ? 12.25.150(b) was not violated when he was told that he could call his attorney when he got to the station after his DUI arrest. Further, the police had no obligation to expressly offer telephone call to defendant or to remind defendant of his earlier request to speak to attorney.

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Woodbury v. State, Court of Appeals No. A-09402, COURT OF APPEALS OF ALASKA, January 19, 2007, Decided
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Simpson v. State, Court of Appeals No. A-08937, COURT OF APPEALS OF ALASKA, January 22, 2007, Date of Order
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Overview: Court denied defendant's motion for rehearing of decision upholding her convictions for burglary and theft because despite victim's testimony that defendant had permission to help herself to food and cigarettes, jurors could have reasonably concluded that permission extended only to times when defendant was visiting victim's residence with consent.

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