Alaska, April, 2007, State Case law

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State Courts - Alaska - April 4 - April 6, 2007

Chambers v. State, Court of Appeals No. A-9313, No. 5197, COURT OF APPEALS OF ALASKA, April 4, 2007, Decided
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Overview: Defendant was convicted of assault in the third degree, as a third-felony offender. Defendant's sentence, which was greater than the presumptive term, did not violate defendant's Sixth Amendment right to a jury because defendant conceded an aggravating factor that was Blakely compliant.

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Mute v. State, Court of Appeals No. A-9311, No. 5196, COURT OF APPEALS OF ALASKA, April 4, 2007, Decided
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Overview: Defendant was convicted of sexual assault in the first degree, and he was sentenced to greater than the presumptive term. Defendant argued that aggravating factors should have been submitted to jury, pursuant to the Sixth Amendment. Sentence was not illegal because defendant had conceded to prior assault conviction, which was an aggravator.

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Dow v. State, Court of Appeals No. A-9212, No. 2093, COURT OF APPEALS OF ALASKA, April 6, 2007, Decided
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Overview: Following the denial of defendant's motion to suppress, he entered a Cooksey plea to the criminal charges pending against him. Because neither the lawyers nor the judge carefully described the issues that were being reserved for appeal, the appellate court could not consider his appeal. A remand was in order.

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Maines v. Kenworth Alaska, Inc., Supreme Court No. S-11255, No. 6114, SUPREME COURT OF ALASKA, April 6, 2007, Decided
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Overview: In a negligent manufacturing case, summary judgment, Alaska R. Civ. P. 56, in favor of the manufacturer was improper because its expert's discussion of failure rates and evaporator core testing practices confirmed that evaporator core defects and the consequences of a leak of toxic gas from air conditioning into a truck cab were foreseeable.

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Uncle Joe's, Inc. v. L.M. Berry & Co., Supreme Court Nos. S-11516/S-11545, No. 6115, SUPREME COURT OF ALASKA, April 6, 2007, Decided
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Overview: In an action against a telephone directory publisher for damages arising from errors in the telephone directory, applying the rule of strict construction to an exculpatory clause in a tariff, the supreme court held that the exculpatory tariff did not protect the publisher as it was not mentioned either by name or by description in the tariff.

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