Alaska, January, 2006, State Case law

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State Courts - Alaska - January 20 - January 25, 2006

Hagen Ins., Inc. v. Roller, Supreme Court Nos. S-11256/11275, No. 5975, SUPREME COURT OF ALASKA, January 20, 2006, Decided
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Overview: In a claim by an injured worker against an insurer, alleging that insurer's negligence gave rise to worker being left without worker's compensation coverage, worker was entitled to emotional distress damages because claim was derived from assertion that insurer prolonged physical injury when worker did not have coverage to pay medical bills.

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Noyakuk v. State, Court of Appeals No. A-8442, No. 2027, COURT OF APPEALS OF ALASKA, January 20, 2006, Decided
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Overview: Since defendant was in custody when troopers came to interview him first time and he did not receive complete set of Miranda warnings at that time, trial court's decision to suppress his statements from first interview was upheld. But, statements from subsequent interviews were admissible as he knowingly and voluntarily waived his right to counsel.

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Williams v. Williams, Supreme Court No. S-11499, No. 5973, SUPREME COURT OF ALASKA, January 20, 2006, Decided
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Overview: In a dispute over decedent's estate and an inter vivos transfer, trial court properly dismissed survivor's complaint against her siblings as untimely pursuant to Alaska Stat. ? 13.06.030 because disputed assets were not part of decedent's estate at time of death and no fraud was committed in connection with decedent's estate for tolling to occur.

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Wilson v. State, Supreme Court No. S-11120, No. 5974, SUPREME COURT OF ALASKA, January 20, 2006, Decided
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Overview: Upon a prisoner's release, the State complied with Alaska Stat. ? 33.30.081(b) and Alaska Admin. Code tit. 22, ? 05.585(a) when it offered to transport the prisoner to Tenakee Springs, Alaska. The prisoner's original place of arrest was at his home in Columbia Cove, 3.5 miles from Tenakee Springs.

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Gillam v. State, Court of Appeals No. A-9030, No. 5037, COURT OF APPEALS OF ALASKA, January 25, 2006, Decided
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Overview: In drug case, affidavit in support of a search warrant established probable cause because (1) citizen informant was presumptively credible; and (2) trooper saw individual buy toluene, which was used to manufacture methamphetamine, and take it to defendant's residence. Thus, superior court judge did not err in denying defendant's motion to suppress.

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Hermosillo v. Robertson, Supreme Court No. S-11377, No. 1236, SUPREME COURT OF ALASKA, January 25, 2006, Decided
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Overview: Son did not return for visitation with father. Superior court's decision to vacate visitation sanctions owed by mother once father's child support debt was satisfied was legitimate exercise of its inherent power of contempt. But, case had to be remanded to determine amount of damages for visitation sanctions required under Alaska Stat. ? 25.20.140.

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James G. v. State, Supreme Court No. S-11410, No. 1238, SUPREME COURT OF ALASKA, January 25, 2006, Decided
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Overview: Superior court incorporated findings in child in need of aid (CINA) case into its visitation findings in companion divorce case, but those findings did not affect visitation decision. Because there was no live controversy and dismissal of father's appeal did not interfere with his ability to litigate divorce case, CINA appeal was dismissed as moot.

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James G. v. Veronica G., Supreme Court No. S-11762, No. 1237, SUPREME COURT OF ALASKA, January 25, 2006, Decided
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Overview: Superior court awarded mother five-eighths of the marital estate. Pursuant to Alaska Stat. ? 25.24.160(a)(4), because the evidence supported superior court's findings that father had a higher income potential than mother and was capable of working despite his medical conditions, it was not an abuse of discretion to divide the property unequally.

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Keiper v. State, Court of Appeals No. A-8810, No. 5035, COURT OF APPEALS OF ALASKA, January 25, 2006, Decided
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Overview: Inmate's ineffective assistance of counsel claims were denied as (1) attorney had tactical reason for not calling eyewitness identification expert as inmate admitted that he was with the woman at time of alleged sex offense; and (2) he did not show that all competent counsel would have filed a motion for arrest of judgment, Alaska R. Crim. P. 34.

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McGhee v. State, Court of Appeals No. A-8996, No. 5036, COURT OF APPEALS OF ALASKA, January 25, 2006, Decided
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Overview: Defendant had not shown fair and just reason to withdraw his no contest plea, Alaska R. Crim. P. 11(h)(2), as 1) fact that he had changed his mind was insufficient reason to allow him to withdraw his plea; and 2) there was at least reasonable possibility that he and his former attorney did discuss undecided motion for severance that had been filed.

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