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