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   State Courts - Alaska - December 8 - December 10, 1999

  
Champion v. State, Court of Appeals No. A-6985, No. 4161, COURT OF APPEALS OF ALASKA, December 8, 1999, Decided
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Overview: Appellant's conviction was valid despite exculpatory evidence not presented to grand jury as indictment would have been sufficient without improper evidence, and as police did not have duty to find all exculpatory evidence.

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Forshee v. State, Court of Appeals No. A-7007, No. 4157, COURT OF APPEALS OF ALASKA, December 8, 1999, Decided
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Overview: Appellant's taking a vehicle from a car dealership for a test drive and not returning did not constitute first-degree vehicle theft under Alaska law. The court reversed appellant's conviction. This was a memorandum opinion.

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Guevarra v. State, Court of Appeals No. A-7270, No. 4159, COURT OF APPEALS OF ALASKA, December 8, 1999, Decided
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Overview: Trial judge's finding of aggravating factor, that defendant's conduct constituting first degree assault was among most serious within the definition of the offense, and of no mitigating factors, was not clearly erroneous.

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Hiller v. State, Court of Appeals No. A-6877, No. 4155, COURT OF APPEALS OF ALASKA, December 8, 1999, Decided
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Overview: Conviction for second-degree theft vacated because the State failed to prove sufficient value on second-degree theft. Trial court's decision to deny defendant's motion to dismiss the indictment was not an abuse of discretion.

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Landon v. State, Court of Appeals No. A-7103, No. 4158, COURT OF APPEALS OF ALASKA, December 8, 1999, Decided
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McKinney v. State, Court of Appeals No. A-6969, No. 4160, COURT OF APPEALS OF ALASKA, December 8, 1999, Decided
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Overview: Evidence of defendant's prior driving while intoxicated (DWI) convictions were properly admitted at DWI trial, effect of inadmissible breath test evidence was properly minimized, and mistrial was not properly requested.

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Stream v. Municipality of Anchorage, Court of Appeals No. A-7169, No. 4156, COURT OF APPEALS OF ALASKA, December 8, 1999, Decided
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Overview: Defendant's conviction for DWI affirmed; evidence of DWI not suppressed because defendant failed to requested a phone call before submitting to a breath test.

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Alaska Nat'l Ins. Co. v. Jones, Supreme Court No. S-8519, No. 5215, SUPREME COURT OF ALASKA, December 10, 1999, Decided
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Overview: Appellant insurance company had a colorable claim against appellee attorneys for reimbursement from proceeds generated in a third-party settlement under an equitable lien theory or the constructive trust doctrine.

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Lacher v. Lacher, Supreme Court No. S-8441, No. 5214, SUPREME COURT OF ALASKA, December 10, 1999, Decided
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Overview: Because an original divorce decree omitted several marital assets from the property division, it was not an abuse of discretion to grant a motion to set aside the divorce decree in order to allocate the omitted assets.

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