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   State Courts - Alaska - February 15 - February 17, 2006

  
Djioev v. State, Court of Appeals No. A-9158, No. 5040, COURT OF APPEALS OF ALASKA, February 15, 2006, Decided
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Overview: In post-conviction relief matter, applicant alleged counsel inappropriately advised him of deportation risk. District court was required to review the application again because the parties failed to bring to district court's attention pertinent case law, which drew distinction between giving no advice and giving wrong advice.

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Robinson v. Municipality of Anchorage, Court of Appeals No. A-9280, No. 5041, COURT OF APPEALS OF ALASKA, February 15, 2006, Decided
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Overview: Where defendant refused to get out of his vehicle during a traffic stop, tried to jerk himself out of the hands of police during his arrest, and refused to get into the back of the patrol car, the evidence supported his conviction for resisting or interfering with a police officer, Anchorage, Alaska, Mun. Code 8.30.010.A.6.

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Taylor v. State, Court of Appeals No. A-9061, No. 5042, COURT OF APPEALS OF ALASKA, February 15, 2006, Decided
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Overview: Defendant was convicted of criminal trespass. District court did not abuse discretion in refusing to give defendant's proffered instructions because defendant failed to explain why district court should give supplemental instructions when district court's standard instructions correctly reflected Alaska Stat. § 11.46.350(a)(1).

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Alex v. State, Court of Appeals No. A-08839, COURT OF APPEALS OF ALASKA, February 16, 2006, Decided
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City of Kenai v. Friends of the Rec. Ctr., Inc., Supreme Court No. S-11506, No. 5989, SUPREME COURT OF ALASKA, February 17, 2006, Decided
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Overview: Where the public interest litigants brought a meritorious claim against the city and obtained a preliminary injunction, they did not lose their prevailing party status for purposes of attorney's fees recovery under Alaska R. Civ. P. 82 where, through the political process, the city later mooted the lawsuit and accomplished their challenged goals.

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Elliott v. Elliott, Supreme Court No. S-11944, No. 5985, SUPREME COURT OF ALASKA, February 17, 2006, Decided
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Overview: In a modification of child custody and child support matter, superior court erred, pursuant to Alaska Stat. § 25.20.110(a), in modifying parents' arrangement without holding a hearing and making factual findings because modification order was plainly an initial custody determination that called for a hearing.

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Flowline of Alaska v. Brennan, Supreme Court No. S-11900, No. 5986, SUPREME COURT OF ALASKA, February 17, 2006, Decided
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Overview: In an employer's challenge to the workers' compensation board's award to its former employee, the board's finding that the employee was not an exclusively temporary employee under Alaska Stat. § 23.30.220(a)(6) was proper considering the number of hours he worked, his continuing relationship with the union, and his work history.

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Fortson v. Fortson, Supreme Court No. S-11332/S-11341, No. 5987, SUPREME COURT OF ALASKA, February 17, 2006, Decided
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Overview: Where husband had reasonable earning capacity and received portion of marital estate large enough to help him transition into post-marital life and wife faced substantial healthcare costs and her ability to earn income would likely fall, 60/40 property division in favor of wife was within the trial court's discretion under Alaska Stat. § 25.24.160.

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Kinegak v. Dep't of Corr., Supreme Court No. S-11315, No. 5988, SUPREME COURT OF ALASKA, February 17, 2006, Decided
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Overview: The legislature that enacted Alaska Stat. § 09.50.250(3) meant to immunize the government from claims arising out of the conduct constituting reasonably well-recognized forms of false imprisonment.

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