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   State Courts - Alaska - February 24 - March 1, 2006

  
Adams v. Adams, Supreme Court No. S-11716, No. 5991, SUPREME COURT OF ALASKA, February 24, 2006, Decided
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Overview: A finding against the lessor was proper where the superior court did not clearly err in finding that the lessor had actual knowledge of the option to purchase when he sent the lessee the signed lease extension; the supreme court therefore affirmed the order that the property be conveyed to the lessee.

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Anchorage Chrysler Ctr., Inc. v. Daimlerchrysler Corp., Supreme Court No. S-11421, No. 5993, SUPREME COURT OF ALASKA, February 24, 2006, Decided
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Overview: Trial court erred in failing to consider dealership's claim for declaration as to what changes were necessary in order to receive certain line of cars from manufacturer under agreement, and claims for breach of covenant of good faith and fair dealing.

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Citizens for Implementing Med. Marijuana v. Municipality of Anchorage, Supreme Court No. S-11345, No. 5990, SUPREME COURT OF ALASKA, February 24, 2006, Decided
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Overview: City properly rejected certification of an initiative petition regarding medical marijuana where it was not obvious from the title what was intended, the title did not help understanding what conduct the initiative protected, and readers confused by the rest of the petition would derive little guidance by referring to the title for clarification.

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John's Heating Serv. v. Lamb, Supreme Court No. S-11228, No. 5992, SUPREME COURT OF ALASKA, February 24, 2006, Decided
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Overview: A finding in favor of the customers in their 1995 action against the company alleging that the company failed to repair their furnace or warn them of the dangers it posed was proper where it could not be said that they were not on inquiry notice before early 1993. Thus, it was timely pursuant to Alaska Stat. § 09.10.070(a)

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Ornelas v. State, Court of Appeals No. A-9027, No. 2033, COURT OF APPEALS OF ALASKA, February 24, 2006, Decided
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Overview: Legislature did not intend for Alaska Stat. § 23.20.485 of Alaska Employment Security Act to provide sole remedies available to prosecute unlawful obtaining of unemployment benefits; it intended for State to be able to prosecute that act as a theft. Thus, defendant's second degree theft conviction, Alaska Stat. § 11.46.130(a)(1), was affirmed.

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Archie H. v. State, Supreme Court No. S-11817, No. 1242, SUPREME COURT OF ALASKA, March 1, 2006, Decided
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Overview: Terminating a father's parental rights was in the child's best interests, under Alaska Stat. § 47.10.088, where the child had special needs, there was continued chaos in the father home, the child's aunt, with whom she lived, provided care to meet the child's special needs, and the child made progress while living with her aunt.

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Mork v. State, Court of Appeals No. A-9111, No. 5051, COURT OF APPEALS OF ALASKA, March 1, 2006, Decided
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Overview: Defendant's 2-year sentence for possession of a concealable firearm under Alaska Stat. § 11.61.200(a)(1) after he shot himself accidentally while on a camping trip was proper as the fact that his conduct was not an aggravated instance of the offense did not prove that his conduct was among the least serious within the definition of the offense.

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Robertson v. Phillips, Supreme Court No. S-11998, No. 1241, SUPREME COURT OF ALASKA, March 1, 2006, Decided
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Overview: In a custody matter, superior court's failure to conduct an evidentiary hearing regarding visitation schedule was error; the adoption of new siblings, combined with the reduction of scheduled visitation at the start of kindergarten, could constitute a change in circumstances at least with regard to the particulars of the visitation schedule.

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St. Clair v. State, Court of Appeals No. A-9043, No. 5050, COURT OF APPEALS OF ALASKA, March 1, 2006, Decided
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Overview: Given defendant's violent conduct in this case and his other crimes, including another brutal robbery of a cab driver, a robbery of a mentally impaired man, and the sexual assault of minors, his 35-year sentence for attempted murder under Alaska Stat §§ 11.31.100(d)(1), 12.55.125(b) was not excessive.

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