Alaska, April, 2006, State Case law

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State Courts - Alaska - April 7 - April 12, 2006

Debbie G. v. Dep't of Health & Social Servs., Supreme Court No. S-11778, Supreme Court No. S-11782, No. 6000, SUPREME COURT OF ALASKA, April 7, 2006, Decided
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Overview: Order terminating parents' rights was upheld where parents, who had history of substance abuse, mental problems, and criminal activity, had not remedied conditions in home that threatened child's safety, as required by Alaska Stat. ? 47.10.088(a)(1)(B). Parents had no affirmative right under Alaska Stat. ? 25.23.040 to decide who would adopt child.

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Myers v. Municipality of Anchorage, Court of Appeals No. A-8739, No. 2041, COURT OF APPEALS OF ALASKA, April 7, 2006, Decided
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Overview: Anchorage, Alaska, Mun. Code 08.35.010(A) and (B) were unconstitutional due to vagueness and because due process could have been violated due to the fact that a person could have been convicted of a crime without any proof that they acted with a culpable mental state.

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Parrish v. State, Court of Appeals No. A-9292, No. 2040, COURT OF APPEALS OF ALASKA, April 7, 2006, Decided
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Overview: Defendant was sentenced for two felonies: breath test refusal and driving under the influence. Appellate court rejected argument that trial court erred because defendant appealed only one of two felonies and he failed to provide adequate record to review if trial court erred by refusing proposed mitigating factors under Alaska Stat. ? 12.55.155.

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Adams v. Adams, Supreme Court No. S-11716, SUPREME COURT OF ALASKA, April 11, 2006, Decided
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Auer v. State, Court of Appeals No. A-9442, No. 5068, COURT OF APPEALS OF ALASKA, April 12, 2006, Decided
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Overview: Following conviction for first-degree sexual abuse of a minor, superior court could have improperly sentenced defendant because superior court failed to consider proposed mitigating factor under Alaska Stat. ? 12.55.155(d)(9); this factor could be based on circumstances beyond the specific conduct underlying the offense.

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Fortson v. Fortson, Supreme Court No. S-11332/S11341, SUPREME COURT OF ALASKA, April 12, 2006, Decided
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Leavitt v. State, Court of Appeals No. A-8572, No. 5067, COURT OF APPEALS OF ALASKA, April 12, 2006, Decided
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Overview: In trial for third-degree assault and fourth-degree weapons misconduct, jury's acquittal on original offenses and conviction on lesser assault offense under Alaska Stat. ? 11.41.230(a)(3) were not inconsistent verdicts because it was obvious jury had reasonable doubt as to whether defendant was armed during confrontation with officers.

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