Alaska, April, 2004, State Case law

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State Courts - Alaska - April 16 - April 21, 2004

Alaska Trademark Shellfish, LLC v. State, Supreme Court No. S-10308, No. 5795, SUPREME COURT OF ALASKA, April 16, 2004, Decided
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Overview: Court affirmed the denial of applications for aquatic farming permits; no provision of the Aquatic Farming Act empowered the Alaska Department of Fish and Game to grant exclusive rights to harvest and sell existing wild geoduck stocks.

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Johnson v. State, Court of Appeals No. A-8487, No. 1926, COURT OF APPEALS OF ALASKA, April 16, 2004, Decided
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Overview: Where defendant was arrested for "minor on licensed premises" for being in a bar while under 21 years of age, police were permitted to search him for evidence of the crime. He could not suppress evidence of cocaine seized during the search.

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Kinzel v. Discovery Drilling, Inc., Supreme Court No. S-10190, No. 5796, SUPREME COURT OF ALASKA, April 16, 2004, Decided
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Overview: Where an employee was fired after filing an OSH complaint and a workers' compensation claim, the superior court erred in ruling against the employee on claims of retaliatory discharge, defamation, and intentional interference with contract rights.

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Schmitz v. Schmitz, Supreme Court No. S-10759, No. 5797, SUPREME COURT OF ALASKA, April 16, 2004, Decided
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Overview: In a dissolution of marriage proceeding, a court did not err by awarding shared custody of the child when he reached his fifth birthday where the father showed a desire to provide for the child and a willingness to change to accommodate his needs.

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Barley v. Municipality of Anchorage, Court of Appeals No. A-8554, No. 4861, COURT OF APPEALS OF ALASKA, April 21, 2004, Decided
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Overview: Where the jury found that defendant's injury did not justify driving with a revoked license, it could not have found him justified in driving while intoxicated; thus, any error in preventing him from raising a necessity defense was harmless.

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Lemon v. State, Court of Appeals No. A-8427, No. 4860, COURT OF APPEALS OF ALASKA, April 21, 2004, Decided
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Overview: Where the prosecutor's closing argument was based on reasonable inferences from the evidence and did not allow the jury to engage in impermissible speculation, the trial court did not allow the State to present an impermissible final argument.

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