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   State Courts - Alaska - March 17 - March 24, 2000

  
City of Fairbanks v. Rice, Supreme Court No. S-8469, Supreme Court No. S-8470, Supreme Court Nos. S-8479/8489, No. 5253, SUPREME COURT OF ALASKA, March 17, 2000, Decided
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Overview: In civil rights suit alleging constructive discharge, verdict for plaintiffs affirmed as defendant city was not entitled to immunity and plaintiffs did not fail to exhaust administrative remedies.

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Hosier v. State, Court of Appeals No. A-6893, No. 1669, COURT OF APPEALS OF ALASKA, March 17, 2000, Decided
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Overview: In forgery conviction, amendment of indictment to alter name of bank on which forged checks were drawn was not prejudicial to defendant, as name of bank was not element of crime.

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Odom v. Fairbanks Mem. Hosp., Supreme Court No. S-8007, No. 5251, SUPREME COURT OF ALASKA, March 17, 2000, Decided
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Overview: Plaintiff's complaint alleged facts which if proven were sufficient to state a claim for unreasonable restraint of trade, group boycott, attempted monopolization, defamation, breach of oral contract, and unfair trade practices.

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Odom v. Lee, Supreme Court No. S-7547, No. 5250, SUPREME COURT OF ALASKA, March 17, 2000, Decided
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Overview: Whether defendants engaged in conspiracy to restrain trade and in trade practices to substantially lessen competition or create a monopoly were questions for a jury and not appropriate for summary judgment.

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Stinson v. Holder, Supreme Court No. S-8286, No. 5252, SUPREME COURT OF ALASKA, March 17, 2000, Decided
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Overview: Lower court abused its discretion by not making determination that appellant was incompetent at time of trial when appellant had made prima facie showing of incompetency in motion for relief from judgment.

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Reyes v. State, Court of Appeals No. A-7337, No. 4195, COURT OF APPEALS OF ALASKA, March 22, 2000, Decided
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Overview: On appeal of a sentence contending it was excessive, the judgment was affirmed, because given the aggravating circumstances of the case, the judge was not clearly mistaken when he sentenced defendant.

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State v. Oxereok, Court of Appeals No. A-7197, No. 4194, COURT OF APPEALS OF ALASKA, March 22, 2000, Decided
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Overview: On the State's appeal of a domestic violence case where the offender was allowed to return to the residence of his victim, the order was reversed because it contradicted the statute pertaining to domestic violence cases.

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Swett v. Municipality of Anchorage, Court of Appeals No. A-7265, No. 4193, COURT OF APPEALS OF ALASKA, March 22, 2000, Decided
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Overview: Appellant's right to consult with an attorney was not violated where a police officer had to hold the telephone to appellant's ear under the circumstances because defendant was handcuffed for officer safety in sub-station.

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Jerrel v. State, Supreme Court No. S-8436, No. 5254, SUPREME COURT OF ALASKA, March 24, 2000, Decided
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Overview: Regulation not adopted in accordance with administrative procedures was invalid. Indicia of regulation were: it implemented or interpreted law administered by agency, and affected or was used in dealing with the public.

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