Alaska, June, 2005, State Case law | lexisONE® Community

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State Courts - Alaska - June 3 - June 9, 2005

Carlson v. Renkes, Supreme Court No. S-11492, No. 5903, SUPREME COURT OF ALASKA, June 3, 2005, Decided
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Overview: Superior court did not err by treating inmate's complaint as an administrative appeal as Alaska Stat. ? 09.19.100 did not create independent action and DOC classification hearings were adjudicative proceedings. Complaint was not untimely under Alaska R. App. P. 602(a)(2) ad 30-day period for filing administrative appeal had not begun to run.

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Dugan v. Atlanta Cas. Cos., Supreme Court No. S-11133, No. 5900, SUPREME COURT OF ALASKA, June 3, 2005, Decided
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Overview: Son could not have had "reasonable expectations" there would have been coverage for father, who was living out of back pack and sleeping on floor. Coverage was not extended to blood relatives of policy holder who were not residents of household. Father was not entitled to uninsured motorist coverage where, as a pedestrian, he was hit outside home.

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Ebertz v. Ebertz, Supreme Court No. S-11190, No. 5905, SUPREME COURT OF ALASKA, June 3, 2005, Decided
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Overview: Court properly awarded sole custody of two children, and shared custody of a third, to the mother, Alaska Stat. ? 25.24.150, where she was the primary caretaker, the father was often absent, the mother was involved in the children's school and activities, the mother's home was appropriately kept, and the children were clean and well fed.

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Fuller v. City of Homer, Supreme Court No. S-11105, No. 5902, SUPREME COURT OF ALASKA, June 3, 2005, Decided
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Overview: A city was permitted to charge a fee for the production of documents to the extent that such production exceeded five hours under Homer, Alaska, Reg. 01.03 (2003), Homer, Alaska, Reg. 01.05 (2003), Homer, Alaska, Code ? 01.80.050(a) (1995), and Alaska Stat. ? 40.25.110; however, time spent conducting a privilege review was not recoverable.

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Snyder v. State, Court of Appeals No. A-8720, No. 1985, COURT OF APPEALS OF ALASKA, June 3, 2005, Decided
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Overview: The trial court erred by refusing to allow defendant to introduce evidence of his interaction with the victim following the alleged sexual assault as the evidence was important for the jury to evaluate the victim's credibility and the probative value of the testimony was not outweighed by the danger of unfair prejudice under Alaska R. Evid. 403.

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State v. Cameron, Court of Appeals No. A-8785, No. 1986, COURT OF APPEALS OF ALASKA, June 3, 2005, Decided
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Overview: The superior court improperly dismissed the indictment against defendant as defendant's proposed testimony regarding his state of mind at the time he threatened the victims with his rifle was not the type of clearly exculpatory evidence whose presentation was required by Alaska R. Crim. P. 6(q). Thus, indictment against defendant was reinstated.

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Tufco, Inc. v. Pac. Envtl. Corp., Supreme Court No. S-11132, No. 5904, SUPREME COURT OF ALASKA, June 3, 2005, Decided
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Overview: In an eviction action, a lessor was not allowed to amend its complaint under Alaska R. Civ. P. 15(b) to conform to the evidence because a modification issue was not addressed at trial. Equitable estoppel precluded the lessor from claiming a breach due to an implicit assertion that a hazardous materials provision would not be enforced.

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Veselsky v. Veselsky, Supreme Court No. S-11560, No. 5901, SUPREME COURT OF ALASKA, June 3, 2005, Decided
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Overview: Court properly allowed a mother to retain custody of the children, Alaska Stat. ? 25.24.150, if she completed a planned out-of-state move due to the nature of the graduate program, the availability of family support while she returned to school, and the fact that she had better than average parenting abilities.

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Michael v. State, Supreme Court No. S-11019, SUPREME COURT OF ALASKA, June 9, 2005, Decided
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Overview: In a sexual assault case, defendant was released from custody as the appellate court should have applied the de novo standard of review to the trial court's rejection of defendant's proposed mitigating factors under Alaska Stat. ? 12.55.155, and fundamental fairness required that he be treated as if he had completed serving the sentence.

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