Alaska, February, 2004, State Case law

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State Courts - Alaska - February 11 - February 20, 2004

Christopher D. v. State Dep't of Health & Social Servs., Supreme Court No. S-11006, No. 1158, SUPREME COURT OF ALASKA, February 11, 2004, Decided
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Overview: Because a father did not raise the issue of guardianship in a trial court's proceedings and because termination of his parental rights was in the children's best interests, a trial court's order terminating his parental rights was proper.

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McDonald v. Dean, Supreme Court No. S-10914, No. 1159, SUPREME COURT OF ALASKA, February 11, 2004, Decided
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Overview: The mother had notice and an opportunity to be heard, and the trial court properly determined that Alaska did not have jurisdiction to modify the child's custody and ordered the child returned to his father's care in North Carolina.

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Kea v. State, Court of Appeals No. A-8397, No. 4831, COURT OF APPEALS OF ALASKA, February 18, 2004, Decided
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Overview: Where police seized 60 videotapes from defendant's home depicting a minor dressing and undressing at separate times in the garage and the bathroom, defendant's multiple convictions for indecent viewing or photography did not violate double jeopardy.

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Kyong Suk Lee v. Municipality of Anchorage, Court of Appeals No. A-8206, No. 4830, COURT OF APPEALS OF ALASKA, February 18, 2004, Decided
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Overview: Where the police entered defendant's escort service and found lubricant, condoms, pornographic videos, and approximately $ 3000 in cash, the evidence was sufficient to convict defendant of maintaining a house of prostitution.

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Peters v. State, Court of Appeals No. A-8536, No. 4832, COURT OF APPEALS OF ALASKA, February 18, 2004, Decided
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Overview: Substantial evidence supported a conviction for first-degree assault where the victim received serious injuries to his stomach by means of a knife. There was substantial circumstantial evidence that defendant caused the victim's injuries.

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Hikita v. Nichiro Gyogyo Kaisha, Ltd., Supreme Court No. S-10612, No. 5780, SUPREME COURT OF ALASKA, February 20, 2004, Decided
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Overview: Discovery sanction dismissing the claims of a corporation and its owner against other companies was affirmed where the trial court noted that prior contempt orders had been ineffective and the corporation and owner had not yet paid a large judgment.

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Jackson v. State, Court of Appeals No. A-8306, No. 1918, COURT OF APPEALS OF ALASKA, February 20, 2004, Decided
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Overview: In a criminal trial for the charge of failure to appear, defendant was not entitled to a jury instruction on the "joint operation" requirement; the trial court properly instructed the jury that the mental state for the offense was "knowingly."

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Sourdough Dev. Servs. v. Riley, Supreme Court No. S-10801, No. 5781, SUPREME COURT OF ALASKA, February 20, 2004, Decided
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Overview: Given buy-out scheme underlying the settlement agreement, the presumption that the receivership benefitted the corporation, and the parties' knowledge of the expense of the receivership, the receivership expenses were not awardable litigation costs.

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State v. Yi, Court of Appeals No. A-8430, No. 1917, COURT OF APPEALS OF ALASKA, February 20, 2004, Decided
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Overview: Where defendant was prosecuted in a "damp" community for trading whiskey for a bear gallbladder offered by undercover state trooper, the superior court erred in finding that defendant established the defense of entrapment.

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