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   State Courts - Alaska - March 29 - April 7, 2000

  
Higgins v. State, Court of Appeals No. A-7222, No. 4196, COURT OF APPEALS OF ALASKA, March 29, 2000, Decided
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Overview: State filed a formal request for restitution. Defendant did not respond to State's pleading. He never requested a hearing. He was entitled to contest the amount of restitution, but he abandoned that right through inaction.

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Risinger v. State, Court of Appeals No. A-7263, No. 4197, COURT OF APPEALS OF ALASKA, March 29, 2000, Decided
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Overview: A trial court amending sentence on remand was not required to hold second sentencing hearing where defendant received full and fair hearing the first time.

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Adams v. State, Court of Appeals No. A-7355, No. 4201, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: The trial court's revocation of appellant's probation and imposition of suspended term of imprisonment was affirmed, because the trial court evaluated the relevant circumstances before imposing the sentence on appellant.

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Kushida v. State, Court of Appeals No. A-7267, No. 4200, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: The trial judge correctly found that aggravator Alaska Stat. ¿ 12.55.155(c)(10) applied to appellant's no contest plea to attempted sexual abuse of a minor, where the finding was based on substantial evidence.

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Midgett v. State, Court of Appeals No. A-7191, No. 4199, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: The judgment of the trial court was reversed, because appellant was improperly denied the opportunity to cross-examine the teenage girl whom he allegedly sexually assaulted, as girl may have been biased.

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Shaw v. State, Court of Appeals Nos. A-7155, A-7156, No. 4198, COURT OF APPEALS OF ALASKA, April 5, 2000, Decided
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Overview: When the evidence was viewed in the light most favorable to upholding lower court's decision, the evidence supported revocation of defendant's probation for contacting an individual who had a restraining order against him.

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Cavin v. State, Supreme Court No. S-8630, No. 5255, SUPREME COURT OF ALASKA, April 7, 2000, Decided
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Overview: In action for Jones Act negligence, case remanded for reconsideration of seaman status where evidence indicated appellant's basic assignment may have changed seasonally; thus, appellant might qualify as seasonal seaman.

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Halliburton Energy Servs. v. State, Supreme Court Nos. S-8453, S-8473, No. 5256, SUPREME COURT OF ALASKA, April 7, 2000, Decided
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Overview: Process safety management standards applied to company's manufacture of perforation guns, and process safety management regulations were sufficiently clear to withstand constitutional challenge.

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UPS Co. v. State, Supreme Court No. S-8561, No. 5257, SUPREME COURT OF ALASKA, April 7, 2000, Decided
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Overview: Court held that appellant air carrier incurred tax liability under Alaska's Motor Fuel Tax Act for all jet fuel purchased at the gas pump in Alaska which was subsequently used on appellant's domestic flights.

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