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   State Courts - Alaska - December 15 - December 17, 1999

  
Hartley v. State, Court of Appeals No. A-7229, No. 4163, COURT OF APPEALS OF ALASKA, December 15, 1999, Decided
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Overview: Since defendant failed to prove he was not armed by clear and convincing evidence, and he conceded he provided no actual help to authorities in prosecuting another criminal, those mitigating factors could not be applied.

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Lopez v. State, Court of Appeals No. A-7325, No. 4167, COURT OF APPEALS OF ALASKA, December 15, 1999, Decided
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Overview: Judge did not err in rejecting mitigating factors before sentencing defendant for misconduct involving controlled substance; court did not have jurisdiction to decide whether sentence was excessive following plea agreement.

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Stanbrough v. State, Court of Appeals No. A-7228, No. 4164, COURT OF APPEALS OF ALASKA, December 15, 1999, Decided
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Overview: Appellant failed to prove that the judge's finding was clearly erroneous since he could consider other circumstances, such as her record, as well as the price of the stolen rug, which was near the lower limit for second-degree theft.

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Stefanski v. State, Court of Appeals No. A-6973, No. 4166, COURT OF APPEALS OF ALASKA, December 15, 1999, Decided
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Overview: Defendant's assault conviction was affirmed since evidence that he struck and injured girlfriend during fight was sufficient to support conviction, and he did not have right to appeal sentence which imposed 30 days to serve.

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Tukle v. State, Court of Appeals No. A-7076, No. 4162, COURT OF APPEALS OF ALASKA, December 15, 1999, Decided
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Overview: Petition for post-conviction relief was denied because appellant refused to admit factual guilt, a prerequisite to sex offender treatment program ordered in sentence for sexual abuse of minor. Parole was properly revoked.

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Wirum v. State, Court of Appeals Nos. A-7203, 7204, No. 4165, COURT OF APPEALS OF ALASKA, December 15, 1999, Decided
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Overview: Conviction and sentence for second-degree robbery affirmed; considering all statutory aggravating factors, sentence imposed was not clearly mistaken.

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Baypack Fisheries, L.L.C. v. Nelbro Packing Co., Supreme Court No. S-9036, No. 5221, SUPREME COURT OF ALASKA, December 17, 1999, Decided
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Overview: Where discovery was well underway, and where the parties and the trial court had expended significant resources on appellant's contract action, a forum non conveniens dismissal was improper absent extraordinary circumstances.

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Belluomini v. Fred Meyer of Alaska, Inc,, Supreme Court No. S-8338, No. 5218, SUPREME COURT OF ALASKA, December 17, 1999, Decided
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Overview: Because appellant was fired for sexual harassment, insubordination, and making threats, he did not have a right to be heard, regardless of the sexual harassment policy, because the latter conduct resulted in automatic dismissal.

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Taranto v. North Slope Borough, Supreme Court No. S-8172, No. 5217, SUPREME COURT OF ALASKA, December 17, 1999, Decided
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Overview: Appellant could not maintain defamation action against appellee without proving actual malice, because accusing her of illegal drug sales fell within the common law conditional privilege to speak on public safety matters.

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Wilkerson v. Department of Health & Soc. Servs., Div. of Family & Youth Servs., Supreme Court No. S-8652, No. 5216, SUPREME COURT OF ALASKA, December 17, 1999, Decided
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Overview: Regulation denying foster care licenses to those who had been charged with crimes was not unconstitutional, because it was an efficient means of furthering state's compelling interest in protecting foster children from harm.

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