Alaska, March, 2007, State Case law

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State Courts - Alaska - March 9, 2007

Active v. State, Court of Appeals No. A-8984, No. 2086, COURT OF APPEALS OF ALASKA, March 9, 2007, Decided
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Overview: State laid a sufficient foundation under Alaska R. Evid. 613(b) to play taped interviews because it was pointless to require the prosecutor to continue asking the girlfriend about ever statement she made during the interview because when the prosecutor questioned her at trial, she claimed to remember very little of what she had said to the officer.

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Alaska Nat'l Ins. Co. v. Northwest Cedar Structures, Inc., Supreme Court No. S-11747, No. 6110, SUPREME COURT OF ALASKA, March 9, 2007, Decided
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Overview: An insurer was unable to recover the amount of unpaid workers' compensation insurance premiums from a contractor's surety bond required by former Alaska Stat. ? 08.18.071 (2002) because such breach of contract was not directly related to the conduct of work of the contractor.

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Bluel v. State, Supreme Court No. S-11564, No. 6109, SUPREME COURT OF ALASKA, March 9, 2007, Decided
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Overview: In DWI case, State's use of petitioner's refusal to take independent blood test under implied consent law, Alaska Stat. ? 28.35.033(e), created a danger of unfair prejudice greatly outweighing its probative value for impeaching his claim that he was surprised he failed breath test. Thus, refusal was improperly admitted under Alaska R. Evid. 403.

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Cooper v. State, Court of Appeals No. A-9426, No. 2087, COURT OF APPEALS OF ALASKA, March 9, 2007, Decided
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Overview: Defendant's sentence for first-degree robbery and second-degree assault under Alaska Stat. ?? 11.41.500(b) and 11.41.210(b) was upheld because the superior court did not commit plain error when it relied on the defense attorney's concession of the aggravator under Alaska Stat. ? 12.55.155(c)(20) for being on felony probation or parole.

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Eaklor v. State, Court of Appeals No. A-9574, No. 2089, COURT OF APPEALS OF ALASKA, March 9, 2007, Decided
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Overview: Reasonable jurors could interpret victim's testimony that defendant's punch caused him some sort of pain to mean that he suffered physical pain from punch (as well as being upset by situation). Thus, evidence was sufficient to establish physical injury element of offense of fourth-degree assault, Alaska Stat. ???11.41.230(a)(1), 11.81.900(b)(46).

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Painter v. State, Court of Appeals No. A-9531, No. 5192, COURT OF APPEALS OF ALASKA, March 9, 2007, Decided
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Overview: Because there was no reasonable dispute as to DUI defendant's guilt under the "blood alcohol level" clause of Alaska Stat. ? 28.35.030(a)(2), even assuming it was constitutional error to prevent defendant from introducing evidence relevant to his guilt or innocence under ? 28.35.030(a)(1), that error was harmless beyond a reasonable doubt.

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Pub. Emples. Ret. Sys. v. Gallant, Supreme Court Nos. S-11926, S-11945, No. 6108, SUPREME COURT OF ALASKA, March 9, 2007, Decided
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Overview: A cost-of-living allowance given to induce retirees to remain in Alaska under Alaska Stat. ? 39.35.480(a) and Alaska Stat. ? 14.25.142 did not violate Alaska Const. art. I, ? 1 because the small payments were fairly and substantially related to their purpose, and they did not substantially infringe on the right of retirees to live elsewhere.

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Public Emples. Ret. Sys. v. Gallant, Supreme Court Nos. S-11926/11945, SUPREME COURT OF ALASKA, March 9, 2007, Decided
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State Farm Mut. Auto. Ins. Co. v. Lestenkof, Supreme Court No. S-11754, SUPREME COURT OF ALASKA, March 9, 2007, Decided
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State Farm Mut. Auto. Ins. Co. v. Lestenkof, Supreme Court No. S-11754, No. 6111, SUPREME COURT OF ALASKA, March 9, 2007, Decided
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Overview: A personal representative was not entitled to attorney's fees under Alaska R. Civ. P. 82 in a claim for underinsured motorist benefits because a driver was fully insured for the amount of attorney's fees with regards to a liability claim.

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