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