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   State Courts - Alaska - February 23 - March 2, 2001

  
Evans v. State, Court of Appeals No. A-7474, No. 1726, COURT OF APPEALS OF ALASKA, February 23, 2001, Decided
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Overview: Trial judge was directed to resolve disputed allegations of sexual misconduct or expressly declare that he did not need to resolve them and then order them removed from a presentence report.

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Hebert v. Bingo, Supreme Court No. S-9028, No. 5365, SUPREME COURT OF ALASKA, February 23, 2001, Decided
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Overview: Where fact questions existed as to whether personal injury plaintiff's second amended complaint bringing defendant into lawsuit related back to her original complaint, defendant was not entitled to judgment on the pleadings.

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Wing v. Geico Ins. Co., Supreme Court No. S-9154, No. 5366, SUPREME COURT OF ALASKA, February 23, 2001, Decided
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Overview: Arbitration award was affirmed. The court did not have authority to review the award merely for failure by the arbitration panel to give a complete explanation of its actions.

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Yoon v. Alaska Real Estate Comm'n, Supreme Court No. S-9296, No. 5364, SUPREME COURT OF ALASKA, February 23, 2001, Decided
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Overview: Substantial evidence supported the Alaska Real Estate Commission's finding that real estate agent committed promissory fraud. Evidence supported a finding that the agent intended to induce reliance on his promise.

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Zok v. Collins, Supreme Court No. S-9264, No. 5367, SUPREME COURT OF ALASKA, February 23, 2001, Decided
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Overview: Summary judgment in favor of attorney in legal malpractice action was inappropriate. Expert testimony was not needed to prove all elements of malpractice, and material questions of fact existed.

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Konop v. State, Court of Appeals No. A-7362, No. 4355, COURT OF APPEALS OF ALASKA, February 28, 2001, Decided
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Overview: Conviction of attempted first-degree sexual assault was affirmed because superior court's limitation of prior bad act evidence that showed domestic violence between victim and her boyfriend was not an abuse of discretion.

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Interior Alaska Airboat Ass'n v. Bd. of Game, Supreme Court No. S-8869, No. 5369, SUPREME COURT OF ALASKA, March 2, 2001, Decided
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Overview: Superior court was affirmed because designation of two areas by Board of Game as controlled use areas was constitutional, was within the authority of the board, and was neither arbitrary nor unreasonable.

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Savage Arms v. W. Auto Supply Co., Supreme Court Nos. S-8611/8612/8721, No. 5370, SUPREME COURT OF ALASKA, March 2, 2001, Decided
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Overview: In products liability case, court vacated summary judgment against corporate successor of manufacturer, and remanded for application of the "mere continuation" and "continuity of enterprise" exceptions to nonliability rule.

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Savage Arms v. Western Auto Supply Co., Supreme Court No. S-08611/S-8612/S-8721, SUPREME COURT OF ALASKA, March 2, 2001, Order Decided
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Overview: Statements made by a corporation's chief executive officer were not hearsay when they were admissions by a party-opponent. However, when statements were included in articles attributable to the chief executive officer, they were potentially hearsay.

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Sloane v. Sloane, Supreme Court No. S-9195, No. 5368, SUPREME COURT OF ALASKA, March 2, 2001, Decided
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Overview: Ex-wife contested the final judgment and order regarding attorney's fees in her divorce but the decision was affirmed; valuation of note, division of marital property, and treatment of interest and fees was upheld.

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