Alaska, April, 2004, State Case law

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State Courts - Alaska - April 1 - April 7, 2004

State Legislative Council v. Knowles, Supreme Court No. S-10344, SUPREME COURT OF ALASKA, April 1, 2004, Decided
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Fairbanks N. Star Borough v. Dena' Nena' Henash, Supreme Court Nos. S-9849/10029, No. 5792, SUPREME COURT OF ALASKA, April 2, 2004, Decided
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Overview: A trial court properly concluded that some of a taxpayer's properties were exempt from borough taxation because the properties were used for "charitable purposes," even though the property generated revenue by federal and state government funding.

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Jackson v. Am. Equity Ins. Co., Supreme Court No. S-10328, No. 5791, SUPREME COURT OF ALASKA, April 2, 2004, Decided
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Overview: In an insurance bad faith case, a court properly admitted an expert's opinion where, although the expert did not disclose a basis for his conclusions, if there was dissatisfaction with the report, plaintiffs should have filed a motion to compel.

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Larkin v. State, Court of Appeals No. A-8444, No. 1922, COURT OF APPEALS OF ALASKA, April 2, 2004, Decided
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Overview: Defendant's conviction for second-degree sexual abuse of minor was affirmed; variance between date specified in indictment and date shown by evidence was deemed defect of form, as variance did not prejudice defendant's ability to prepare defense.

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Whitesides v. State, Court of Appeals No. A-8274, No. 1921, COURT OF APPEALS OF ALASKA, April 2, 2004, Decided
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Overview: Defendant convicted for the sale of heroin was not subject to an enhanced sentence merely because the purchaser died of a drug overdose. The drug purchaser's physical injury from ingesting drugs was not a "direct result" of the sale of drugs.

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Holcomb v. State, Court of Appeals No. A-8419, No. 4856, COURT OF APPEALS OF ALASKA, April 7, 2004, Decided
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Overview: The trial court did not err by sentencing defendant to a 10-year prison term for manslaughter given the tender years and vulnerability of the victim, and where defendant's case was more serious than a typical manslaughter.

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McMillian v. State, Court of Appeals No. A-8196, No. 4855, COURT OF APPEALS OF ALASKA, April 7, 2004, Decided
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Overview: In a murder case, counsel was not ineffective for failing to retain an expert regarding the dynamics of police interrogation where defendant failed to present evidence that all competent attorneys would have known about that field of expertise.

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Spear v. State, Court of Appeals No. A-8525, No. 4857, COURT OF APPEALS OF ALASKA, April 7, 2004, Decided
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Overview: A state trooper had reasonable suspicion that defendant was driving under the influence and an investigatory stop was thus legal, where defendant was driving 10 miles below the speed limit for no apparent reason and was weaving within his lane.

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Weise v. Ogar, Supreme Court No. S-10577, No. 1166, SUPREME COURT OF ALASKA, April 7, 2004, Decided
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Overview: A court's child custody award was not erroneous where it found that the parties' inflexible behavior and inability to accommodate each other suggested the advisability of strict enforcement of the written settlement agreement.

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