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State Courts -
Alaska - February 3 - February 10, 2006
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Price v. Eastham, Supreme Court No. S-11647, No. 5983,
SUPREME COURT OF ALASKA, February 3, 2006, Decided
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Overview: In determining the scope of the public prescriptive easement on the landowner's property, the trial court failed to make specific factual findings under Alaska R. Civ. P. 52(a) regarding the dates of the prescriptive period, the original purpose and use of the easement, any changes in the use of the easement, and the reasonableness of that change.
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Olson v. State, Court of Appeals No. A-8776, No. 5038,
COURT OF APPEALS OF ALASKA, February 8, 2006, Decided
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Overview: Police had a lawful reason to contact defendant in carrying out their community-caretaker role, nothing in the implied consent statute, Alaska Stat. § 28.30.032, required the police to inform an arrestee of the penalty for refusal, and Blakely was not implicated where a trial judge aggravated a presumptive sentence based on prior convictions.
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