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   State Courts - Alaska - April 25 - April 27, 2007

  
Campbell v. State, Court of Appeals No. A-09539, COURT OF APPEALS OF ALASKA, April 25, 2007, Decided
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Campbell v. State, Court of Appeals No. A-9539, No. 5210, COURT OF APPEALS OF ALASKA, April 25, 2007, Decided
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Overview: Where defendant was coherent, able to follow directions, and asked several questions after being arrested for driving under the influence, she knowingly and intelligently waived the right to an independent test under Alaska Stat. § 28.35.033(e). Also, an officer did not interfere with the right by playing a song or commenting about defendant lying.

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Carr v. State, Court of Appeals No. A-8876, No. 5209, COURT OF APPEALS OF ALASKA, April 25, 2007, Decided
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Overview: In a case involving child sexual abuse and child pornography, a motion to sever was properly denied because there was a nexus between the two sets of charges, and defendant was not unduly prejudiced by the joinder, pursuant to Alaska R. Crim. P. 8 and Alaska R. Crim. P. 14.

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Carvalho v. State, Court of Appeals No. A-9722, No. 5208, COURT OF APPEALS OF ALASKA, April 25, 2007, Decided
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Overview: Defendant sought a reduction of sentence; however, defendant's conduct in a first degree robbery was not the least serious. Also defendant did not have right to appeal on ground of sentence excessiveness, pursuant to Alaska Stat. § 12.55.120(a); Alaska R. App. P. 215(a)(1), because defendant agreed to the sentence.

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Kirchner v. State, Court of Appeals No. A-9545, No. 5211, COURT OF APPEALS OF ALASKA, April 25, 2007, Decided
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Overview: Defendant was sentenced to a presumptive sentence for robbery and assault, pursuant to a plea agreement. Although sentencing was not submitted to a jury, a jury was not required because sentencing court found aggravating factors, pursuant to Alaska Stat. § 12.55.155, that were supported by the record.

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Kracker v. Copeland, Supreme Court No. S-12130, No. 1275, SUPREME COURT OF ALASKA, April 25, 2007, Decided
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Overview: In a divorce case, a superior court's decision regarding the classification of a debt as a marital liability was upheld where both parties agreed with such during the trial; it was not error to refuse to let a former husband argue otherwise after the evidence was closed.

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Martin v. Coastal Villages Region Fund, Supreme Court No. S-11999, No. 6120, SUPREME COURT OF ALASKA, April 27, 2007, Decided
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Overview: In suit to recover money deposited with a trial court, commercial fishers, who had contracted with a fisher from Juneau, should not have been barred because the Juneau fisher had defaulted in underlying suit with community development corporation. Parties' right to money depended on equitable claims arising from original interest.

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