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   State Courts - Alaska - May 12 - May 17, 2000

  
Allen v. Alaska Oil & Gas Conservation Comm'n, Supreme Court No. S-8690, No. 5272, SUPREME COURT OF ALASKA, May 12, 2000, Decided
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Overview: Alaska Oil and Gas Conservation Commission had discretion to order unitization effective upon filing of a proper petition. Its exercise of this discretion was a matter for case-specific determination, not jurisdiction.

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Lloyd's & Inst. of London Underwriting Cos. v. Fulton, Supreme Court Nos. S-8136, S-8185, No. 5271, SUPREME COURT OF ALASKA, May 12, 2000, Decided
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Overview: Insurer breached duty to give prompt notice to insurer of potentially conflicting interests of insurer causing prejudice so insurer estopped from denying coverage though later determined no coverage existed.

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Sullivan v. Subramanian, Supreme Court No. S-8724, No. 5270, SUPREME COURT OF ALASKA, May 12, 2000, Decided
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Overview: Uniform Residential Landlord and Tenant Act permits a tenant to recover damages, including diminished rental value, for a landlord's breaches of statutory duties, regardless of whether they are material or involve essential services.

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Guldin v. State, Court of Appeals No. A-7451, No. 4218, COURT OF APPEALS OF ALASKA, May 17, 2000, Decided
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Overview: Where record of judge's sentencing remarks objectively established that he mistakenly described the sentence he intended, the imposition of a corrected sentence did not constitute a violation of appellant's constitutional rights.

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Hartvigsen v. State, Court of Appeals No. A-6838, No. 4215, COURT OF APPEALS OF ALASKA, May 17, 2000, Decided
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Overview: Reasonable jurors could have agreed that the State proved the charge of first-degree sexual abuse of a minor against defendant beyond a reasonable doubt, and defendant's 10-year sentence was not clearly mistaken.

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Hill v. State, Court of Appeals No. A-7414, No. 4216, COURT OF APPEALS OF ALASKA, May 17, 2000, Decided
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Overview: Repeat felon's composite sentence was not excessive because he had three prior felonies, a history of similar offenses, and committed his last violation while on bail.

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Hoogendorn v. State, Court of Appeals No. A-7503, No. 4219, COURT OF APPEALS OF ALASKA, May 17, 2000, Decided
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Overview: Sentence imposed on first-felony offender convicted of second degree assault was not excessive where appellant committed a serious assault with a weapon over a protracted period of time and had a history of physically abusing his spouse.

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Locke v. State, Court of Appeals No. A-7274, No. 4214, COURT OF APPEALS OF ALASKA, May 17, 2000, Decided
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Overview: In criminal appeal, conviction was affirmed. Appellant was not entitled to refuse assistance to a police officer in the recovery of stolen property, even where appellant thought the seizure was unlawful.

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Lyttaker v. State, Court of Appeals No. A-7247, No. 4217, COURT OF APPEALS OF ALASKA, May 17, 2000, Decided
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Overview: Where trial court's finding that appellant had moved to withdraw his plea because he was dissatisfied with his sentence was not clearly erroneous, it was not error to conclude that appellant had not proven that the withdrawal was necessary.

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