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   State Courts - Alaska - February 25 - March 3, 2004

  
Bevans v. State, Court of Appeals No. A-8403, No. 4833, COURT OF APPEALS OF ALASKA, February 25, 2004, Decided
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Overview: Defendant had not established a fair and just reason required to withdraw his no contest plea where the charging documents and the discovery contained the allegation that he had masturbated in front of his daughter.

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Hermosillo v. Univ. of Alaska, Supreme Court No. S-10563, No. 1160, SUPREME COURT OF ALASKA, February 25, 2004, Decided
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Overview: University did not violate student's right to due process when it gave him a no-pass grade in a class and then denied him readmission to social work program; student had notice of academic deficiencies and that a failing grade would disqualify him.

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Ward v. State, Court of Appeals No. A-8429, No. 4834, COURT OF APPEALS OF ALASKA, February 25, 2004, Decided
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Overview: Even if an appellate court were to assume that defendant's trial counsel had been ineffective, defendant had not met his burden of showing that he could have been prejudiced by counsel's failure to discuss the discovery with him.

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Barry v. Univ. of Alaska, Supreme Court No. S-10178, No. 5785, SUPREME COURT OF ALASKA, February 27, 2004, Decided
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Overview: No reasonable person in the retiree's position would have understood the release given to the university to bar suit for a breach of the contract occurring after the release when the university failed to accurately calculate his allowable service.

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Beal v. Beal, Supreme Court No. S-10151/10191 Consolidated with S-10491/10511, No. 5782, SUPREME COURT OF ALASKA, February 27, 2004, Decided
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Overview: Prenuptial agreement that husband and wife signed did not preclude trial court from awarding interim support, and its order requiring husband to pay $ 5,000 per month in interim spousal support and $ 1,312 per month in child support was reasonable.

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Ruckle v. Anchorage Sch. Dist., Supreme Court No. S-10422, No. 5784, SUPREME COURT OF ALASKA, February 27, 2004, Decided
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Overview: Trial court erred in denying leave to amend compliant against school board over award of transportation contract after dismissing suit, where mother's assertion that she had interest-injury standing, as she had school-age children, was not futile.

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State v. Blank, Supreme Court No. S-9721, No. 5783, SUPREME COURT OF ALASKA, February 27, 2004, Decided
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Overview: An arrest was not a prerequisite to a valid exigent circumstances warrantless breath test; however, where the trial court and court of appeals failed to address whether exigent circumstances justified the search, remand was appropriate.

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Forzley v. State, Court of Appeals No. A-8406, No. 4835, COURT OF APPEALS OF ALASKA, March 3, 2004, Decided
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Overview: Trial court erred when it failed to instruct the jury that defendant could not be found guilty of second-degree escape unless the State proved that he ran from a parole officer who attempted to arrest him, after the officer touched him.

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Krogman v. State, Court of Appeals No. A-8351, No. 4836, COURT OF APPEALS OF ALASKA, March 3, 2004, Decided
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Overview: A victim's surprise testimony that defendant charged with sexual abuse had also abused an uncharged child did not require a mistrial, and evidence that the victim sexually acted out with the other child three years earlier was correctly not admitted.

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Kwon v. State, Court of Appeals No. A-8144, No. 4837, COURT OF APPEALS OF ALASKA, March 3, 2004, Decided
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Overview: Evidence that a person who was in a crowd of people died when defendant, who was intoxicated, drove his vehicle into the crowd and struck the person who died was sufficient to sustain defendant's conviction for second-degree murder.

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