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   State Courts - Alaska - January 31 - February 7, 2003

  
Bailey v. Bailey, Supreme Court No. S-10248, No. 5658, SUPREME COURT OF ALASKA, January 31, 2003, Decided
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Overview: The trial court erred by calculating the mother's child support arrearage and offsetting the erroneous sum against prospective support due from the father, and the matter was remanded for appropriate calculations.

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Denuptiis v. Unocal Corp., Supreme Court No. S-10098, No. 5657, SUPREME COURT OF ALASKA, January 31, 2003, Decided
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Overview: In employer's claim for reimbursement of workers' compensation benefits based on employee's fraud, the parties' had no heightened liberty interest, therefore, preponderance of the evidence was the appropriate standard of proof.

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Garner v. State, Supreme Court No. S-10318, No. 5661, SUPREME COURT OF ALASKA, January 31, 2003, Decided
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Overview: Superior court's decision affirming agency's denial of routine dental services to retarded Medicaid recipient was reversed, as further fact-finding was needed to determine whether agency failed to comply either with its own regulations or with ADA.

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Holding v. Municipality of Anchorage, Supreme Court No. S-10401, No. 5659, SUPREME COURT OF ALASKA, January 31, 2003, Decided
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Overview: Under the Central Hudson analysis, a city's ordinance that banned advertising for adult-oriented businesses by persons not licensed to operate or maintain them did not impermissibly interfere with a property owner's commercial free speech rights.

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J.R. v. State, Court of Appeals No. A-7682, No. 1850, COURT OF APPEALS OF ALASKA, January 31, 2003, Decided
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Overview: Where the juvenile was charged with second-degree murder for teaching a student to use a gun and encouraging a murder, the trial court erred in instructing the jury that the juvenile should be held to the standard of care of a reasonable adult.

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Thompson v. State, Court of Appeals No. A-8162, No. 1849, COURT OF APPEALS OF ALASKA, January 31, 2003, Decided
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Overview: Trial court erred when it found defendant was able to pay restitution to his crime victim, where it concluded that defendant would only have to pay per capita share of total restitution; he was jointly and severally liable for full amount.

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Whalen v. Hanley, Supreme Court No. S-9824, No. 5660, SUPREME COURT OF ALASKA, January 31, 2003, Decided
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Overview: The trial court properly dismissed the state employee's defamation suit against two legislators where the allegedly defamatory statements were made in furtherance of their legislative duties and were absolutely protected by legislative immunity.

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Crosby v. Hummell, Supreme Court No. S-9987, No. 5664, SUPREME COURT OF ALASKA, February 7, 2003, Decided
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Overview: In a wrongful death case involving the issue of negligence per se, a jury instruction that stated all of the elements of the offense of allowing an unlicensed person to drive was not erroneous, as it did not create a risk of jury error.

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Kodiak Island Borough v. Roe, Supreme Court Nos. S-10058/10137, No. 5663, SUPREME COURT OF ALASKA, February 7, 2003, Decided
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Overview: A court, in a suit against a treatment center and two employees, did not err by awarding extraordinary costs for raising a child who was born after the employees had sex with a patient at the center.

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Koyukuk River Tribal Task Force v. Rue, Supreme Court No. S-9865, No. 5662, SUPREME COURT OF ALASKA, February 7, 2003, Decided
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Overview: A remand to the superior court was proper where it could not be determined that the task force brought its action in good faith to effectuate strong public policies; therefore, the court could not determine that it was a public interest litigant.

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