Alaska, March, 2003, State Case law

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State Courts - Alaska - March 7 - March 12, 2003

Palmer v. Municipality of Anchorage, Police & Fire Ret. Bd., Supreme Court No. S-10062, No. 5670, SUPREME COURT OF ALASKA, March 7, 2003, Decided
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Overview: The employee was properly denied occupational disability benefits for heart disease because there was testimony from the doctors that his disease was not related to his employment and that job-stress did not contribute to his disability.

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Wyatt v. Estate of Wyatt, Supreme Court No. S-9087, No. 5671, SUPREME COURT OF ALASKA, March 7, 2003, Decided
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Overview: Trial court properly upheld an agreement to transfer contested assets in a wrongful death lawsuit pending the outcome of the criminal's murder conviction appeal, and after the appeal failed the estate was entitled to retain the assets transferred.

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Aiken v. State, Court of Appeals No. A-7974, No. 4673, COURT OF APPEALS OF ALASKA, March 12, 2003, Decided
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Overview: Defendant could not assert attorney-client privilege, because he sought lawyer to commit a crime or fraud, therefore, defendant was not harmed in any way by the interjection of the attorney-client privilege issue into his trial.

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Burks v. State, Court of Appeals No. A-8220, No. 4674, COURT OF APPEALS OF ALASKA, March 12, 2003, Decided
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Overview: Any potential prejudice from attorney's relationship with eyewitness was eliminated by the State's decision not to call the witness; therefore, defendant's attorney did not have a conflict of interest and provided effective representation.

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Johnson v. State, Court of Appeals No. A-7867, No. 4676, COURT OF APPEALS OF ALASKA, March 12, 2003, Decided
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Overview: Where witness's testimony tended to show defendant perpetrated past sexual abuse and where witness's testimony was very similar to victim's, it was not an abuse of discretion to permit witness to testify to defendant's prior act of sexual abuse.

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Katchatag v. State, Court of Appeals No. A-8366, No. 4675, COURT OF APPEALS OF ALASKA, March 12, 2003, Decided
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Overview: Where defendant had an extensive criminal history, assaulted victim while she was unconscious, and was unable to control his alcohol abuse and his behavior when he was drinking, trial court did not err in finding defendant was a worst offender.

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