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   State Courts - Alaska - January 30 - February 6, 2004

  
Alaska Native Tribal Health Consortium v. Settlement Funds Held for E.R., Supreme Court No. S-10662, No. 5775, Supreme Court Nos. S-10696/10785, SUPREME COURT OF ALASKA, January 30, 2004, Decided
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Overview: Consortium had federal right to enforce a statutory health care provider lien to same extent as nongovernmental medical provider under state law; however, consortium had to pay a pro rata share of the attorney fees that created the settlement.

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James v. State, Supreme Court No. S-10679, No. 5773, SUPREME COURT OF ALASKA, January 30, 2004, Decided
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Overview: The superior court erred in denying defendant's motion for a new trial without considering whether the recantation of an eyewitness' testimony would produce an acquittal.

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Keturi v. Keturi, Supreme Court No. S-10536, No. 5774, SUPREME COURT OF ALASKA, January 30, 2004, Decided
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Overview: In a divorce, the court properly found a triplex to be marital property and that no debt was owed on a duplex owned as marital property; however, the court erred in calculating the husband's income when determining his child support obligation.

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Runyon v. Ass'n of Vill. Council Presidents, Supreme Court No. S-10772, No. 5776, Supreme Court No. S-10838, SUPREME COURT OF ALASKA, January 30, 2004, Decided
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Overview: Dismissal of parents' tort actions against a Native village association for injuries their children sustained was improper as the association, a nonprofit corporation, was not entitled to the protection of the villages' tribal sovereign immunity.

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State v. Andrews, Court of Appeals No. A-8020, No. 1915, COURT OF APPEALS OF ALASKA, January 30, 2004, Decided
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Overview: Fishermen were prosecuted for fishing in closed waters based on Loran C readings, and due process did not require State to create contemporaneous printout. Lack of training of officers did not preclude admission as proper procedures were shown.

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Charter N. Behavioral Health Sys. Inc. v. Dep't of Health & Soc. Servs., Supreme Court No. S-10661, No. 1157, SUPREME COURT OF ALASKA, February 4, 2004, Decided
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Alaska Action Ctr., Inc. v. Municipality of Anchorage, Supreme Court No. S-11252, No. 5779, SUPREME COURT OF ALASKA, February 6, 2004, Decided
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Overview: Municipal clerk was correct in refusing to place citizens' initiative on ballot as she was acting within her authority when she rejected initiative because it proposed to make an appropriation, which was action that could not be taken by initiative.

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Keller v. State, Court of Appeals No. A-8544, No. 1916, COURT OF APPEALS OF ALASKA, February 6, 2004, Decided
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Overview: In a DWI case, defendant was not denied his speedy trial rights by a delay due to the recusals of three judges because defendant's father was a bailiff where those recusals and the assignment of a judge from another area constituted "good cause."

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Norville v. Carr-Gottstein Foods Co., Supreme Court Nos. S-10643/10684, No. 5778, SUPREME COURT OF ALASKA, February 6, 2004, Decided
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Overview: In a commercial sublease dispute, a court erred by granting summary judgment to a tenant because whether the landlord's refusal to consent to a sublease was unreasonable was a question of fact that should not have been resolved by summary judgment.

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Zok v. Estate of Collins, Supreme Court No. S-10604, No. 5777, SUPREME COURT OF ALASKA, February 6, 2004, Decided
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Overview: Court reversed order that closed insolvent estate; notice of hearing of closing of estate only called for objections to final accounting or closing and did not give creditor adequate notice that trial of fraudulent conveyance claim was contemplated.

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