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   State Courts - Alaska - January 21 - January 23, 2004

  
Ahvakana v. State, Court of Appeals No. A-8574, No. 4819, COURT OF APPEALS OF ALASKA, January 21, 2004, Decided
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Overview: The record supported a superior court's decision to impose the maximum 10-year sentence for criminally negligent homicide. Defendant's offense was remarkably serious and was closer to second-degree murder. The victim had many bruises and bite marks.

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Bailey v. State, Court of Appeals No. A-8321, No. 4817, COURT OF APPEALS OF ALASKA, January 21, 2004, Decided
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Overview: Error in admitting evidence of defendant's drug habit to show motive for a robbery charge was not harmless where such evidence was extensive, there was no limiting instruction, and the State did not present overwhelming evidence of defendant's guilt.

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Nicholi v. State, Court of Appeals No. A-8312, No. 4818, COURT OF APPEALS OF ALASKA, January 21, 2004, Decided
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Overview: A superior court properly denied a motion to sever a count of violation of release conditions from sexual assault charges. Defendant was not prejudiced because the superior court ruled that evidence of the earlier sexual assault case was admissible.

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Bd. of Trade, Inc. v. Dep't of Labor, Wage & Hour Admin., Supreme Court No. S-10533, No. 5771, SUPREME COURT OF ALASKA, January 23, 2004, Decided
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Overview: Employer did not have to pay prevailing wages under Little Davis-Bacon Act to workers at quarry located 13 miles from site of airport construction project; quarry was not "on-site," because alternative sites separated quarry from project footprint.

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City of Kodiak v. Samaniego, Supreme Court No. S-10365, No. 5772, SUPREME COURT OF ALASKA, January 23, 2004, Decided
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Overview: Court properly denied a city's motion for summary judgment in a false confinement suit where an officer did not have a reasonable belief that a driver had information to aid his investigation, and therefore, exigent circumstances were lacking.

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Robart v. State, Court of Appeals No. A-8313, No. 1914, COURT OF APPEALS OF ALASKA, January 23, 2004, Decided
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Overview: Defendant's conviction for using state seal for commercial purposes without permission was affirmed, as federal copyright law did not preempt state law regarding the crime, jury was properly instructed, and general verdict form was adequate.

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