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   State Courts - Alaska - January 11 - January 18, 2002

  
Moody v. Delta Western, Supreme Court No. S-9625, No. 5522, SUPREME COURT OF ALASKA, January 11, 2002, Decided
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Overview: Firefighter's rule applied in Alaska and barred police chief's recovery for an injury incurred stopping a stolen truck. Summary judgment was proper.

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State v. Smith, Supreme Court No. S-9546, No. 5523, SUPREME COURT OF ALASKA, January 11, 2002, Decided
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Overview: Interrogation was non-custodial where defendant initiated interview with police, questioning occurred in mid-afternoon, the interview lasted 30 minutes, defendant's friends were present, and officer told defendant he was free to leave.

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Stoneking v. State, Court of Appeals No. A-7822, No. 1783, COURT OF APPEALS OF ALASKA, January 11, 2002, Decided
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Overview: Where sentence modification statute was expressly retroactive, trial court did not err in applying the amended version of statute to defendant's application to modify and dismissed the application as untimely under the amendment.

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Velasquez v. Velasquez, Supreme Court No. S-10118, No. 5525, SUPREME COURT OF ALASKA, January 11, 2002, Decided
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Overview: In determining custody, trial court did not commit error in considering manner and circumstances in which mother left marital home, her lack of contact with children after she left, and effect of her conduct on children.

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Wasserman v. Bartholomew, Supreme Court No. S-9604, No. 5524, SUPREME COURT OF ALASKA, January 11, 2002, Decided
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Overview: Court did not err in finding that officers asked arrestee for identification before grabbing him where several officers testified that they heard the arresting officer make the request for identification.

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Daniels v. State, Court of Appeals No. A-7832, No. 4520, COURT OF APPEALS OF ALASKA, January 16, 2002, Decided
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Overview: Sentence was not excessive, where trial court considered defendant's felony adjudications, his repeated probation and parole violations, and history of substance abuse without positive treatment results.

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French v. State, Court of Appeals No. A-7861, No. 4521, COURT OF APPEALS OF ALASKA, January 16, 2002, Decided
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Overview: Defendant's convictions were upheld because the admission of evidence was proper, he was not deprived of due process, and the denial of a motion for new trial based on newly discovered evidence was not an abuse of discretion.

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Johnson v. State, Court of Appeals No. A-7906, No. 4522, COURT OF APPEALS OF ALASKA, January 16, 2002, Decided
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Titus v. State, Court of Appeals No. A-7683, No. 4519, COURT OF APPEALS OF ALASKA, January 16, 2002, Decided
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Overview: Where prosecutor's comments asking jurors to put themselves in the place of the victim was addressing the question of witness credibility, and defense attorney did not object, prosecutor's comments did not constitute plain error.

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Kaiser v. Sakata, Supreme Court No. S-9618, No. 5526, SUPREME COURT OF ALASKA, January 18, 2002, Decided
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Overview: Trial court did not err in dismissing malpractice claims, as superior court made adequate allowances for appellant's pro se status and did not err in the rulings challenged on appeal.

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