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   State Courts - Alaska - January 21 - February 2, 2000

  
Berger v. Wien Air Alaska, Supreme Court No. S-8922, No. 5231, SUPREME COURT OF ALASKA, January 21, 2000, Decided
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Overview: Medical expenses incurred by an employee, but paid for by a private insurer or other collateral sources, may offset the employer's credit under workers' compensation statute.

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Carlson v. Doyon Universal-Ogden Servs., Supreme Court No. S-8888, No. 5233, SUPREME COURT OF ALASKA, January 21, 2000, Decided
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Overview: Where employer proved, by preponderance of the evidence, that appellant was not permanently and totally disabled, decision of Alaska Workers' Compensation Board to deny benefits was affirmed.

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Moore v. Allstate Ins. Co., Supreme Court No. S-8574, No. 5232, SUPREME COURT OF ALASKA, January 21, 2000, Decided
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Overview: Grant of summary judgment reversed; the federal government had not retained exclusive jurisdiction over fraud and misrepresentation claims against flood insurers.

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Balough v. Fairbanks N. Star Borough, Supreme Court No. S-8141, No. 5234, SUPREME COURT OF ALASKA, January 28, 2000, Decided
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Overview: Appellant property owners were afforded opportunity to bring conforming use property into code in order to receive grandfather rights when the property's zoning was changed to render its use nonconforming.

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Bingaman v. Municipality of Anchorage, Court of Appeals No. A-6765, No. 4179, COURT OF APPEALS OF ALASKA, February 2, 2000, Decided
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Overview: Because a state statute permitted a municipality to enact a forfeiture provision that was broader than state law, the municipal forfeiture provision was consistent with state legislation and did not frustrate state law.

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Cho v. State, Court of Appeals No. A-7023, No. 4182, COURT OF APPEALS OF ALASKA, February 2, 2000, Decided
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Overview: Fourth-degree assault convictions affirmed; lesser-included offense convictions did not have to mean jury believed self-defense theory, but possibly meant jury rejected that restaurant implements were dangerous instruments.

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Godsoe v. State, Court of Appeals No. A-7275, No. 4183, COURT OF APPEALS OF ALASKA, February 2, 2000, Decided
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Overview: The appeal was dismissed; appellant's sentence was less than the maximum sentence allowed under his plea agreement so the court lacked jurisdiction to consider the claim that the judge incorrectly applied a mitigating sentencing factor.

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MacDonald v. State, Court of Appeals No. A-7045, No. 4178, COURT OF APPEALS OF ALASKA, February 2, 2000, Decided
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Overview: Conviction for second-degree escape affirmed; it was not error to fail to instruct the jury on a lesser offense of fourth-degree escape.

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Madison v. Municipality of Anchorage, Court of Appeals No. A-7280, No. 4180, COURT OF APPEALS OF ALASKA, February 2, 2000, Decided
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Overview: Judgment was affirmed, because appellant's sentence on the false information charges was not excessive since appellant clearly qualified as a worst offender.

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Reinhold v. State, Court of Appeals No. A-7251, No. 4181, COURT OF APPEALS OF ALASKA, February 2, 2000, Decided
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Overview: A defendant's second degree murder sentence was not excessive where her conduct to her two-year-old foster child was long-term, cruel, and violent, and the trial court did not even impose the maximum sentence.

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