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   State Courts - Alaska - February 20 - February 27, 2009

  
Ayuluk v. Red Oaks Assisted Living, Inc., Supreme Court Nos. S-11981/S-12502/S-12522, No. 6337, SUPREME COURT OF ALASKA, February 20, 2009, Decided
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Kazan v. Dough Boys, Inc., Supreme Court No. S-12830, No. 6338, SUPREME COURT OF ALASKA, February 20, 2009, Decided
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Larry W. v. Dep't of Health & Soc. Servs., Supreme Court No. S-13072, No. 1332, SUPREME COURT OF ALASKA, February 25, 2009, Decided
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Overview: Termination of father's parental rights was proper as, inter alia, trial court correctly concluded child had some type of brain impairment that required caregiver to provide fixed routine and clutter-free home, and finding child would suffer future damage under Indian Child Welfare Act was supported by evidence father was unlikely to alter conduct.

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Alaska Exch. Carriers Ass'n v. Regulatory Comm'n of Alaska, Supreme Court No. S-12696, No. 6339, SUPREME COURT OF ALASKA, February 27, 2009, Decided
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Overview: It was proper to affirm an order of Regulatory Commission of Alaska, which denied the Alaska Exchange Carriers Association's (AECA) petition to intervene in a regulatory proceeding because the Commission had a reasonable basis for concluding that AECA could not intervene as a matter of right under Alaska Admin. Code tit. 3, ¿ 48.110(a).

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State v. Smart, Supreme Court No. S-12493, Supreme Court No. S-12543, No. 6340, SUPREME COURT OF ALASKA, February 27, 2009, Decided
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Overview: Retroactive application of Blakely was reversed because Blakely did not raise serious questions about accuracy of past sentences. Applying the Judd clear and convincing standard to question of full retroactivity, the Blakely reasonable doubt standard was not retroactive as to defendants whose sentences were final when Blakely was decided.

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