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   State Courts - Alaska - May 3, 2002

  
Barnica v. Kenai Peninsula Borough Sch. Dist., Supreme Court No. S-9155, No. 5562, SUPREME COURT OF ALASKA, May 3, 2002, Decided
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Overview: Where custodian's statutory remedies for gender discrimination were waived by reason of substitute remedies in collective bargaining agreement, failure to exhaust substitute remedies precluded discrimination suit.

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Brooks Range Exploration Co. v. Gordon, Supreme Court No. S-9600, No. 5561, SUPREME COURT OF ALASKA, May 3, 2002, Decided
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Overview: Where company sued shareholders for breach of contract, parties entered into a settlement agreement, company agreed to transport property unless it violated law, and the trial court enforced the agreement without a hearing, it was error to do so.

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Cook Inlet Keeper v. Alaska, Supreme Court No. S-9730, No. 5567, SUPREME COURT OF ALASKA, May 3, 2002, Decided
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Overview: State erred in issuing a consistency review determination that a proposed oil exploration program met all relevant coastal management program standards without considering wastewater discharge activities under State environmental protection laws.

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Hayes v. Municipality of Anchorage, Supreme Court No. S-10602, No. 5568, SUPREME COURT OF ALASKA, May 3, 2002, Decided
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Overview: Superior court properly denied petitioner's motion to stop an election; petitioner's claim that candidate for municipal assembly seat failed to meet the one-year residency requirement for municipal candidates had no legal merit.

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State v. Malloy, Supreme Court No. S-9754, No. 5560, SUPREME COURT OF ALASKA, May 3, 2002, Decided
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Overview: Where statute did not empower court to impose a sentence harsher than the harshest sentence otherwise authorized by removing parole eligibility, the sentencing statute was constitutionally permissible.

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Tuttle v. State, Court of Appeals No. A-8077, No. 1801, COURT OF APPEALS OF ALASKA, May 3, 2002, Decided
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Overview: Defendant's sentence for first-degree robbery was vacated where the trial judge applied the wrong standard of proof in finding that he possessed a firearm during the robbery as a sentencing factor; the proper standard was beyond a reasonable doubt.

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Wells v. State, Supreme Court Nos. S-9538, S-9567, S-9568, No. 5559, SUPREME COURT OF ALASKA, May 3, 2002, Decided
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Overview: State was statutorily immune from liability in a tort suit by an injured driver for failure to install a guardrail at the downhill curve of a road because the decision whether to install a guardrail was a discretionary decision.

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Wright v. State, Court of Appeals No. A-7955, No. 1802, COURT OF APPEALS OF ALASKA, May 3, 2002, Decided
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Overview: Defendant's actions in robbing and severely beating female taxi driver justified finding that offenses of robbery and assault were committed with deliberate cruelty. Consecutive sentences were not excessive. Apprendi challenge was without merit.

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Wright v. State, Court of Appeals No. A-7955, COURT OF APPEALS OF ALASKA, May 3, 2002, Decided
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