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   State Courts - Alaska - March 15 - March 23, 2005

  
Brown v. Dick, Supreme Court No. S-10976, SUPREME COURT OF ALASKA, March 15, 2005, Decided
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Berge v. State, Court of Appeals No. A-8683, No. 4972, COURT OF APPEALS OF ALASKA, March 16, 2005, Decided
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Overview: The inmate's petition for post-conviction relief based on ineffective assistance of counsel was properly denied because, inter alia, he knowingly waived his right to counsel and consented to be interviewed after receiving proper Miranda warning, which was fatal to his claim that the police interview violated his Sixth Amendment right to counsel.

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Matthew B. v. State, Supreme Court No. S-11522, No. 1207, SUPREME COURT OF ALASKA, March 16, 2005, Decided
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Overview: Where a father had murdered his children's mother, court did not err in terminating his parental rights pursuant to Alaska Stat. ? 47.10.080(o) finding children could not get over murder if he remained in their life, they had had opportunity to bond with maternal aunt and uncle who wished to adopt them and with whom they had been living since 2002.

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Wedman v. Wedman, Supreme Court No. S-11276, SUPREME COURT OF ALASKA, March 16, 2005, Decided
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Grunert v. State, Supreme Court No. S-10841, No. 5880, SUPREME COURT OF ALASKA, March 17, 2005, Decided
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Overview: Alaska Admin. Code tit. 5, ? 15.359 (2002), which created a cooperative fishery in the Chignik area and allocated a quota of salmon to that fishery, was inconsistent with the Alaska Limited Entry Act purpose and policy and was invalid; the regulation employed means outside the authorized powers of the Alaska Board of Fisheries.

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Berg v. Popham, Supreme Court No. S-10815, No. 5879, SUPREME COURT OF ALASKA, March 18, 2005, Decided
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Overview: Alaska Stat. ? 46.03.822, in contrast to 42 U.S.C.S. ? 9607(a)(3) of CERCLA, did not require that the dry cleaning equipment manufacturer and installer own, possess, have authority to control or a duty to dispose of the hazardous substance that was released from the owners' dry cleaning premises, before they could be subject to arranger liability.

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David v. State, Court of Appeals No. A-8548, No. 4973, COURT OF APPEALS OF ALASKA, March 23, 2005, Decided
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Overview: In defendant's trial for sexual assault and assault, late disclosure of evidence log did not prejudice defense because, pursuant to Alaska R. Crim. P. 16, disclosure was not automatic. In addition, defendant's 30-year sentence pursuant to Alaska Stat. ? 12.55.125 was not unreasonable because of aggravating factors and defendant's criminal history.

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