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   State Courts - Alaska - February 19 - March 5, 2003

  
Aiken v. State, Court of Appeals No. A-7809, No. 4669, COURT OF APPEALS OF ALASKA, February 19, 2003, Decided
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Overview: Where defendant refused to submit to a breath test, was informed that he was required to submit, and was given an opportunity and again refused, the State proved defendant's guilt for failure to submit to a breath test beyond a reasonable doubt.

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Petersen v. State, Court of Appeals No. A-8055, No. 4668, COURT OF APPEALS OF ALASKA, February 19, 2003, Decided
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Overview: Where trial court did not apply the two part Lockwood test to determine whether or not the police complied with the statutory "knock and announce" rules when they entered defendant's residence, the case was remanded for further findings.

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V.H. v. Dep't of Health & Soc. Servs., Division of Family & Youth Servs., Supreme Court No. S-10560, No. 1124, SUPREME COURT OF ALASKA, February 19, 2003, Decided
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Overview: Father's parental rights were properly terminated under Alaska Stat. § 47.10.088, notwithstanding his progress in improving his own parenting skills, because the mother posed a danger to the child, and the father had failed to end his relationship with the mother within a reasonable time.

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Univ. of Alaska v. Alaska Cmty. Colleges' Fedn. of Teachers, Local 2404, Supreme Court No. S-9732, No. 5667, SUPREME COURT OF ALASKA, February 21, 2003, Decided
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Overview: An arbitrator's finding that a university violated a collective bargaining agreement nondiscrimination clause was gross error, as the distinction between union and non-union teachers regarding pay increases was not protected by law.

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Mataia v. State, Court of Appeals No. A-8173, No. 4670, COURT OF APPEALS OF ALASKA, February 26, 2003, Decided
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Overview: Defendant failed to meet his burden of proving he would not be able to pay the full amount of his court-ordered restitution in the future or that the trial court's imposition of restitution was clearly erroneous.

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Evans v. Native Village of Selawik Ira Council, Supreme Court No. S-10646, No. 5669, SUPREME COURT OF ALASKA, February 28, 2003, Decided
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Overview: An adoption resolution of a Native American village was not entitled to comity or full faith and credit in the courts, as it was obtained in violation of the natural father's due process rights to notice and an opportunity to be heard.

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Getchell v. Lodge, Supreme Court No. S-10458, No. 5668, SUPREME COURT OF ALASKA, February 28, 2003, Decided
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Overview: A court properly denied plaintiff's JNOV and new trial motions where defendant hit plaintiff while trying to avoid a moose in the road because defendant was not negligent per se when she crossed into oncoming traffic.

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Castle v. Municipality of Anchorage, Court of Appeals No. A-8262, No. 4672, COURT OF APPEALS OF ALASKA, March 5, 2003, Decided
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Overview: Police officers were justified in arresting defendant for suspicion of driving while intoxicated even though the offense did not occur in their presence, and erroneous finding of fact probably did not affect guilty verdict for reckless driving.

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McGlauflin v. State, Court of Appeals No. A-7933, No. 4671, COURT OF APPEALS OF ALASKA, March 5, 2003, Decided
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Overview: Where defendant claimed that he knew his rights, and was entering his plea freely and voluntarily, defendant understood that he was entering no contest pleas even though defendant did not say the words "no contest."

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