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   State Courts - Alaska - January 19 - January 26, 2001

  
Haynes v. State, Court of Appeals No. A-7457, No. 1714, COURT OF APPEALS OF ALASKA, January 19, 2001, Decided
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Overview: In sentencing appellant, the trial court had the authority to order him to pay to the State as restitution the money he had received from an undercover investigator as payment for drugs.

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Macsurak v. Municipality of Anchorage, Court of Appeals No. A-7557, No. 1713, COURT OF APPEALS OF ALASKA, January 19, 2001, Decided
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Overview: Officers properly entered apartment where appellant was because apartment manager asserted that appellant had been evicted and that he had no further right to be in the apartment.

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Ritter v. State, Court of Appeals No. A-6983, No. 1715, COURT OF APPEALS OF ALASKA, January 19, 2001, Decided
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Overview: Cooksey plea was invalid as issue preserved for appeal was not dispositive of the litigation. A patient could be unaware that sexual contact is being committed even if the patient is conscious of the fact she is being touched.

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Whitesides v. U-Haul Co., Supreme Court No. S-9204, No. 5358, SUPREME COURT OF ALASKA, January 19, 2001, Decided
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Overview: Employee was entitled to summary judgment on his overtime compensation claim because undisputed record evidence established that employer failed to pay employee on a salary basis and required him to work under direct supervision.

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Rich v. Municipality of Anchorage, Court of Appeals No. A-7314, No. 4343, COURT OF APPEALS OF ALASKA, January 24, 2001, Decided
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Overview: Assault victim's hearsay statement, made at hospital 35 minutes after incident, was not admissible as an excited utterance or present sense impression, and did not satisfy trustworthiness requirements of residual exception.

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Daniels v. State, Court of Appeals No. A-7835, No. 1717, COURT OF APPEALS OF ALASKA, January 26, 2001, Decided
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Overview: Decision disqualifying assistant public defender from further involvement as petitioner's trial attorney in murder case was reversed as his continued participation would not violate duties of loyalty and confidentiality.

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McCormick v. City of Dillingham, Supreme Court No. S-9037, No. 5359, SUPREME COURT OF ALASKA, January 26, 2001, Decided
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Overview: City's business license fee and sales tax were upheld because appellant failed to overcome the presumption that local government actions were taken in compliance with the law. Corporate veil was pierced to impose liability.

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State v. Martin, Court of Appeals No. A-7089, Court of Appeals No. A-7149, No. 1716, COURT OF APPEALS OF ALASKA, January 26, 2001, Decided
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Overview: Department of Public Safety had authority to expand the definition of "conviction" by regulation so that Sex Offender Registration Act applied to defendants whose convictions have been set aside.

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