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   State Courts - Alaska - April 13 - April 18, 2001

  
Brown v. State, Supreme Court No. S-8716, No. 5389, SUPREME COURT OF ALASKA, April 13, 2001, Decided
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Overview: Appellant was entitled to an in-person hearing on his driver's license revocation because there were contested issues of fact as to whether the appellant voluntarily waived his right to an independent blood test.

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Hess v. State, Supreme Court No. S-8876, No. 5386, SUPREME COURT OF ALASKA, April 13, 2001, Decided
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Overview: Where evidence of prior acquittal of sexual assault was relevant and not hearsay, its potential for confusion did not outweigh potential probative value, and its exclusion prejudiced the accused, new trial was needed.

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Hurd v. State, Court of Appeals No. A-7571, No. 1733, COURT OF APPEALS OF ALASKA, April 13, 2001, Decided
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Overview: If the State's evidence was believed, defendant's restraint of victim exceeded whatever restraint might have been incidental to the crime of coercion; thus, evidence supported defendant's separate conviction for kidnapping.

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State v. Joubert, Supreme Court No. S-9129, No. 5387, SUPREME COURT OF ALASKA, April 13, 2001, Decided
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Overview: Where felon was detained on suspicion of auto theft by parole officer, and police found crack cocaine on felon's person after pat-down conducted once car was confirmed as stolen, search was valid as search incident to arrest.

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Whitesides v. State, Supreme Court No. S-8431, No. 5388, SUPREME COURT OF ALASKA, April 13, 2001, Decided
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Overview: Driver's license revocation hearing required in-person hearing where the party requested such a hearing and material questions depended on the credibility of the party's testimony; telephonic hearing did not satisfy due process.

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Brause v. State, Supreme Court No. S-9376, No. 5392, SUPREME COURT OF ALASKA, April 17, 2001, Decided
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Overview: It was not an abuse of discretion to dismiss a complaint for lack-of-ripeness where same-sex couple failed to demonstrate actual or impending injury caused by the denial of benefits that were available only to married people.

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Coty v. State, Court of Appeals No. A-7294, No. 4380, COURT OF APPEALS OF ALASKA, April 18, 2001, Decided
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Overview: In a criminal appeal of a DWI conviction, the record before the appellate court was insufficient to determine whether appellant's right to a speedy trial was violated; therefore, the matter was remanded for additional findings.

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Foley v. State, Court of Appeals No. A-7309, No. 4381, COURT OF APPEALS OF ALASKA, April 18, 2001, Decided
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Overview: Appellant's conviction for burglary and theft was affirmed; viewing the evidence in the light most favorable to the State, appellant's confession and the tracing of a stolen item was sufficient evidence to support his convictions.

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