Alaska, March, 2006, State Case law

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State Courts - Alaska - March 10 - March 17, 2006

Hotrum v. State, Court of Appeals No. A-9020, No. 2038, COURT OF APPEALS OF ALASKA, March 10, 2006, Decided
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Overview: Although the privacy provision of Alaska Const. art. I, ? 22 protected the right of an adult to possess a small amount of marijuana in his home for personal use, Alaska Stat. ? 11.71.040(a)(3)(G) criminalized possession of 25 or more marijuana plants. Because defendant had 43 live marijuana plants in his home, his conviction was affirmed.

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Knox v. State, Court of Appeals No. A-8808, No. 2035, COURT OF APPEALS OF ALASKA, March 10, 2006, Decided
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Overview: An inmate established a prima facie case that he received ineffective assistance of counsel about the nature of the sentence he would receive if he entered into a plea bargain, and that he would not have entered into the plea bargain had he received accurate advice. Thus, the inmate's application for post-conviction relief was improperly dismissed.

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McQuade v. State, Court of Appeals No. A-8754, Court of Appeals No. A-8773, No. 2037, COURT OF APPEALS OF ALASKA, March 10, 2006, Decided
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Overview: In robbery case, behavior of defendants, a driver and a passenger, when they saw sergeant and his patrol car, sedan's ensuing abrupt departure from highway, and the unusual movements of the passenger all combined to provide sergeant with specific and articulable facts for investigative stop. Thus, defendants' motion to suppress was properly denied.

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Smith v. CSK Auto, Inc., Supreme Court No. S-11791, No. 5995, SUPREME COURT OF ALASKA, March 10, 2006, Decided
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Overview: Court erred by dismissing an employee's wrongful termination claim for failure to state a cause of action because the date on which the employee was allegedly terminated was not evident from the pleadings, and it was possible that the employee's claim was based on actions taken by the employer before the twelve-week period of leave lapsed.

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State v. Avery, Court of Appeals No. A-9031, No. 2036, COURT OF APPEALS OF ALASKA, March 10, 2006, Decided
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Overview: Petitioner's sentence was not illegal under Blakely where it was uncontested that he had a prior conviction for a class B felony offense, he had four prior convictions for assault, he had three or more prior felony convictions, and he had several prior felony convictions for possession and sale of illegal drugs, Alaska Stat. ? 12.55.155.

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Ely v. State, Court of Appeals No. A-9232, No. 5058, COURT OF APPEALS OF ALASKA, March 15, 2006, Decided
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Overview: Where defendant requested to speak to an attorney before deciding whether to submit to a breath test, the officer gave him a telephone and did not impede his efforts to contact an attorney. In his DUI trial, defendant was not entitled to suppress the test results showing his BAC exceeded the limit specified in Alaska Stat. ? 28.35.030(a)(2).

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Lucretia G. v. State, Supreme Court No. S-11934, No. 1243, SUPREME COURT OF ALASKA, March 15, 2006, Decided
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Overview: Mother's parental rights to her 14-year-old son were properly terminated under Alaska Stat. ? 47.10.088 and the Indian Child Welfare Act, 25 U.S.C.S. ? 1912(f) where she had a long history of arrests, incarceration, and violent abuse of her son, for which she failed to remedy or seek treatment, despite the State's attempts obtain such treatment.

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Peters v. State, Court of Appeals No. A-8904, No. 5059, COURT OF APPEALS OF ALASKA, March 15, 2006, Decided
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Overview: Although defendant claimed that the sentence imposed for his convictions for felony driving while intoxicated and driving while license revoked was excessive, defendant's composite sentence of 4 and 1/2 years to serve was not clearly mistaken in view of his record, the original offense, and the repeated violations of his probation conditions.

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Dunlap v. Dunlap, Supreme Court No. S-11750, No. 5996, SUPREME COURT OF ALASKA, March 17, 2006, Decided
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Overview: Father was precluded from challenging his obligation under parties' divorce settlement agreement to fund educational accounts with retirement buy-out money where husband waived his right to appeal judge's order when he settled child support issue with mother and let determination stand for 10 years.

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