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   State Courts - Alaska - January 28, 2004

  
Anderson v. State, Court of Appeals No. A-8064, No. 4823, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: A trial court did not abuse its discretion in admitting, as an excited utterance, a victim's statement that defendant had hit him with a pipe. The assault occurred recently, and the victim was still in pain and under the excitement of the assault.

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Charles v. State, Court of Appeals No. A-8494, No. 4828, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: Although the State should have filed an affidavit when it sought to forfeit a performance bond, the error was harmless, because the trial court did not forfeit the bonds until it held a hearing and the surety had an opportunity to be heard.

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Christiansen v. State, Court of Appeals No. A-8085, No. 4824, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: A superior court did not abuse its discretion in denying defendant's motions for additional continuances, as it had already granted three continuances and defendant and his attorneys had ample time to investigate the case, which was not complex.

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Frese v. State, Court of Appeals No. A-8537, No. 4829, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: Inmate's petition for post-conviction relief alleging ineffective assistance of trial counsel was properly denied. The inmate failed to demonstrate his trial counsel's performance was deficient or caused him any prejudice.

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Grandberry-Williams v. State, Court of Appeals No. A-8384, No. 4827, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: Evidence that defendant repeatedly punched a stranger who approached him in a parking lot and that the stranger suffered chipped teeth and had difficulty breathing afterwards was sufficient to sustain defendant's conviction for first-degree assault.

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Hykes v. State, Court of Appeals No. A-8158, No. 4825, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: The court properly revoked defendant's conviction upon his failure to complete sex offender treatment. He was not entitled to have his underlying conviction for sexual abuse of a minor set aside for his lack of acting with sexual intent.

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Lee v. Municipality of Anchorage, Court of Appeals No. A-8205, No. 4821, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: On remand, the trial court properly considered the two mental states for the municipal offense of maintaining a place of prostitution and properly found that defendant had also violated her release conditions.

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Pariseau v. State, Court of Appeals No. A-8616, No. 4826, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: The district court was not required to dismiss an indictment charging defendant with driving while intoxicated, because the State misidentified the vehicle defendant was driving at the time of his arrest.

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Taylor v. State, Court of Appeals No. A-8506, No. 4822, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: Although statute stated that prisoner who had served his sentence less good time shall be released on mandatory parole, it did not prevent delivering prisoner who was released on mandatory parole to another jurisdiction entitled to custody.

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Tyler v. State, Court of Appeals No. A-8610, No. 4820, COURT OF APPEALS OF ALASKA, January 28, 2004, Decided
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Overview: Defendant's maximum sentence for felony DWI was remanded to determine whether imposing a composite sentence over the five-year maximum term was required in order to protect the public.

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