Alaska, April, 2007, State Case law

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State Courts - Alaska - April 13 - April 23, 2007

Wetherhorn v. Alaska Psychiatric Inst., Supreme Court No. S-11939, No. 6116, SUPREME COURT OF ALASKA, April 13, 2007, Decided
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Overview: Alaska Stat. ? 47.30.915(7)(B) was constitutional if construed to require a level of incapacity so substantial that the individual could not survive safely in freedom, but a master's action in granting a petition for the administration of psychotropic medication before a visitor's report had been prepared or provided constituted plain error.

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Wetherhorn v. Alaska Psychiatric Inst., Supreme Court No. S-11939, SUPREME COURT OF ALASKA, April 13, 2007, Decided
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Overview: The introductory passage and conclusion of an opinion concerning the constitutionality of Alaska Stat. ? 47.30.915(7)(B) were withdrawn and replaced with modified versions.

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Gray v. State, Court of Appeals No. A-9477, No. 5207, COURT OF APPEALS OF ALASKA, April 18, 2007, Decided
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Overview: Although appellant's claims regarding illegal extradition may have been capable of repetition, there was no indication that they would have evaded review if his appeal of the superior court's decision dismissing his petition challenging his parole revocation was not heard. Thus, the appeal was dismissed as moot as he had again been paroled.

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Baker v. State, Court of Appeals No. A-9791, No. 2094, COURT OF APPEALS OF ALASKA, April 20, 2007, Decided
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Overview: Inmate's filing fee to pursue appellate post-conviction litigation was zero because calculations performed pursuant to Alaska Stat. ? 09.19.010(d) showed that inmate's account had no deposits and average balance for six-month period was zero. Only reason why there was money in account was prison's transfer of money from forced savings account.

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Clark v. Alaska, Supreme Court No. S-12135, No. 6117, SUPREME COURT OF ALASKA, April 20, 2007, Decided
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Overview: Where an Alaska prisoner challenged his transfer to Arizona on the grounds that it violated his right to rehabilitation under Alaska Const. art. I, ? 12 by denying him visitation with his family and alcohol treatment, the appeal became moot when the courts of appeals resentenced him and he was returned to custody in Alaska.

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State v. Gonzales, Supreme Court No. S-12103, No. 6119, SUPREME COURT OF ALASKA, April 20, 2007, Decided
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Overview: Ten-year delay between alleged offenses and defendant's indictment was reasonable where defendant fled the state after being interviewed and was not found until he returned to the state 10 years later and the child victim was institutionalized for a significant period of time after the alleged sexual abuse.

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State v. Native Village of Nunapitchuk, Supreme Court No. S-11525, Supreme Court No. S-11745, No. 6118, SUPREME COURT OF ALASKA, April 20, 2007, Decided
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Overview: Alaska R. Civ. P. 82 was a rule of practice and procedure authorized under Alaska Const. art. IV, ? 15, but the public interest litigant exception to Rule 82 was a rule of substantive law that could be changed by the legislature without a two-thirds vote; therefore, legislation that limited application of the exception was valid.

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Nye v. State, Court of Appeals No. A-09192, COURT OF APPEALS OF ALASKA, April 23, 2007, Decided
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