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   State Courts - Alaska - April 25 - April 30, 2003

  
Blood v. Kenneth Murray Ins., Inc., Supreme Court No. S-10123, SUPREME COURT OF ALASKA, April 25, 2003, Decided
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Overview: Insured's failure to plead arbitration in his complaint seeking coverage did not waive his right to arbitration, and trial court erred in so finding; however, trial court properly denied summary judgment to insured on the issue of coverage.

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Crawford v. State, Court of Appeals No. A-8082, COURT OF APPEALS OF ALASKA, April 25, 2003, Decided
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Overview: Where the police officer searched the center console of defendant's vehicle in a search incident to lawful arrest for reckless driving, the search was only reasonable if the officer had a reasonable suspicion that the console contained a weapon.

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Ford v. Ford, Supreme Court No. S-10188, SUPREME COURT OF ALASKA, April 25, 2003, Decided
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Overview: Settlement agreement in a divorce action was binding, even though not yet in writing, where the husband participated meaningfully in the mediation where the agreement was reached and had later requested an extension for complying with parts of it.

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State v. Simpson, Court of Appeals No. A-8367, COURT OF APPEALS OF ALASKA, April 25, 2003, Decided
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Overview: Defendant's motion to suppress two California DWI convictions was improperly granted because the right to an independent test, not available in California, was not a due process right equivalent to the right to counsel or the right to a jury trial.

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Tush v. Pharr, Supreme Court No. S-10229, SUPREME COURT OF ALASKA, April 25, 2003, Decided
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Overview: Court, in an attorney malpractice case, erred by granting summary judgment to the attorney because there was a factual issue as to whether an insurer would have denied a landlord's claim had the attorney properly tendered it.

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Frank v. State, Court of Appeals No. A-7914, No. 4698, COURT OF APPEALS OF ALASKA, April 30, 2003, Decided
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Howell v. State, Court of Appeals No. A-8369, No. 4697, COURT OF APPEALS OF ALASKA, April 30, 2003, Decided
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Overview: Where trial court considered defendant's young age, family support, and his conduct on release, but still found defendant's criminal behavior was extremely aggravated, defendant's seven-year sentence was not excessive.

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Jacobs v. State, Court of Appeals No. A-8215, No. 4699, COURT OF APPEALS OF ALASKA, April 30, 2003, Decided
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Overview: The trial court did not abuse his discretion by finding that it was unnecessary to give defendant's proposed jury instruction because its instructions were adequate and the instruction would have been repetitive and not helpful to the jury.

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Porterfield v. State, Court of Appeals No. A-7927, No. 4696, COURT OF APPEALS OF ALASKA, April 30, 2003, Decided
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Overview: The evidence was sufficient to support defendant's convictions for arson and murder, and her 60-year incarcerative term was neither excessive nor did it constitute cruel and unusual punishment.

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