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   State Courts - Alaska - May 18 - June 1, 2005

  
Kyra K. v. Office of Children's Serv., Supreme Court No. S-11426, No. 1214, SUPREME COURT OF ALASKA, May 18, 2005, Decided
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Overview: Where the evidence showed that many services had been offered to a mother over a 14-year period, and she failed to show a willingness to participate, termination of parental rights was proper since both active and reasonable efforts were made under 25 U.S.C.S. ¿ 1912(d), Alaska CINA R. 18(c)(2), Alaska Stat. ¿ 47.10.086.

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Berg v. Popham, Supreme Court No. S-10815, No. 5896, SUPREME COURT OF ALASKA, May 20, 2005, Decided
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Overview: Alaska Stat. ¿ 46.03.822(a)(4) did not require that a person own, possess, have authority to control, or a duty to dispose of a hazardous substance for that person to face arranger liability, but an entity could be liable if it manufactured, sold, or installed a useful product that was intended to direct a hazardous substance into a sewer system.

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Matthisen v. Matthisen, Supreme Court No. S-11317, No. 1215, SUPREME COURT OF ALASKA, May 25, 2005, Decided
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Overview: Court properly awarded custody of the parties' children to the mother, Alaska Stat. ¿ 25.24.150, where, although each parent had interfered with the other's parental relationship, the father's interference was more extensive and damaging, and the ability of the parties to adequately parent the children weighed decisively in favor of the mother.

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Nelson v. State, Court of Appeals No. A-8728, No. 4986, COURT OF APPEALS OF ALASKA, May 25, 2005, Decided
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Overview: Where eyewitnesses and the occupant of a van testified that defendant and the occupant switched seats after the collision, the evidence was sufficient to show that defendant was driving at the time of the collision. He was properly convicted of felony DWI, Alaska Stat. ¿ 28.35.030(n), and driving with a revoked license, Alaska Stat. ¿ 28.15.291(a).

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Larson v. Cooper, Supreme Court No. S-10708, No. 5897, SUPREME COURT OF ALASKA, May 27, 2005, Decided
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Overview: Inmate brought a tort claim against prison officials, alleging that the prison officials deprived him of constitutional rights to religion, free speech, and expression when they prohibited from holding hands with his wife. Supreme court denied the claim because inmate failed to overcome a strong presumption of regularity.

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Rockney v. Boslough Constr. Co., Supreme Court No. S-11444, No. 5899, SUPREME COURT OF ALASKA, May 27, 2005, Decided
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Overview: The trial court abused its discretion by affirming the claimant's reemployment plan where substantial evidence did not show that the plan met his remunerative wage or that he could complete the plan within the statutory two-year time frame under Alaska Stat. ¿ 23.30.041(k).

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State v. Koen, Court of Appeals No. A-8864, No. 1984, COURT OF APPEALS OF ALASKA, May 27, 2005, Decided
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Overview: Search warrant application was defective, U.S. Const. amend. IV, where it did not identify the house, it did not explain any connection between the premises and the evidence being sought, and it did not explain the basis for the trooper's belief; therefore, the warrant application was insufficient to support the search.

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State v. Trust the People, Supreme Court No. S-11288, No. 5898, SUPREME COURT OF ALASKA, May 27, 2005, Decided
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Overview: Appeal regarding proposed initiative on filling vacant Alaska U.S. Senate seats being placed on ballot was not moot where H.B. 414 was passed during appeal because initiative and H.B. 414 were not substantially the same as H.B. 414 provided for appointment by governor, and initiative provided all vacancies to be filled by election.

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Sky v. State, Court of Appeals No. A-8490, A-8499, No. 4987, COURT OF APPEALS OF ALASKA, June 1, 2005, Decided
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Overview: In appeal of defendants' trial for child sexual abuse, defendants' right to a speedy trial, pursuant to Alaska R. Crim. P. 45, was not violated because defendants waived this right by having conflicts with their appointed attorneys.

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