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   State Courts - Alaska - May 19 - May 26, 2000

  
Blank v. State, Court of Appeals No. A-6541, No. 1673, COURT OF APPEALS OF ALASKA, May 19, 2000, Decided
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Overview: Conviction for manslaughter and felony leaving scene of injury accident reversed because defendant was not under arrest when searched, portable breath test result was obtained contrary to Alaska Constitution.

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D.P. v. Wrangell Gen. Hosp. , Supreme Court No. S-8024, No. 5274, SUPREME COURT OF ALASKA, May 19, 2000, Decided
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Overview: Schizophrenia patient's negligence claims against hospital and nurse due to her escape from hospital raised factual jury questions under ordinary negligence standard, not strict medical malpractice issues requiring expert testimony.

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Gerber v. Juneau Bartlett Mem. Hosp., Supreme Court No. S-8964, No. 5276, SUPREME COURT OF ALASKA, May 19, 2000, Decided
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Overview: Summary judgment for medical malpractice claim upheld; expert advisory panel was not required to interview a party upon request; appellant failed to submit any evidence of substandard medical care.

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In re Johnstone, Supreme Court No. S-8387, No. 5273, SUPREME COURT OF ALASKA, May 19, 2000, Decided
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Overview: Superior court judge was publicly reprimanded for creating appearance of impropriety in hiring applicant recommended by chief justice for coroner position; later retirement did not divest ethics commission of jurisdiction.

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Malloy v. State, Court of Appeals No. A-6873, No. 1674, COURT OF APPEALS OF ALASKA, May 19, 2000, Decided
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Overview: Murder sentencing statute effectively created separate offense for aggravated first degree murder with harsher mandatory penalty, requiring State to allege aggravating factors in indictment and prove factors to jury at trial.

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Pierce v. Catalina Yachts, Supreme Court Nos. S-8394/8403, No. 5277, SUPREME COURT OF ALASKA, May 19, 2000, Decided
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Overview: Boat owners were entitled to consequential damages and attorney fees as well as monetary damages from boat manufacturer for breach of a limited warranty to repair defects, as boat manufacturer had acted in bad faith.

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Samaniego v. City of Kodiak, Supreme Court No. S-8189, No. 5275, SUPREME COURT OF ALASKA, May 19, 2000, Decided
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Overview: Pertaining to plaintiff's claim of excessive force, court concluded that defendant police officers would be entitled to qualified immunity only if their conduct was objectively reasonable.

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State v. Blackmore, Court of Appeals No. A-7297, No. 1675, COURT OF APPEALS OF ALASKA, May 19, 2000, Decided
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Overview: Gaming law was held to be a valid regulation, so trial court erred when it dismissed the prosecution against appellee for shooting a ram whose horns proved to be less than full-curl.

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Kelley v. State, Court of Appeals No. A-7255, No. 4220, COURT OF APPEALS OF ALASKA, May 24, 2000, Decided
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Overview: The trial court's findings that the officers were entitled to be in the entryway, that they smelled marijuana, and that this provided probable cause to issue the warrant were supported by the record and not clearly erroneous.

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A.H. v. P.B., Supreme Court No. S-9095, No. 5278, SUPREME COURT OF ALASKA, May 26, 2000, Decided
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Overview: Order modifying father's telephonic visitation with son was vacated; order contained no findings reduction of visitation was in son's best interest and reduction was ordered without giving father opportunity to be heard.

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