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   State Courts - Alaska - May 23 - May 28, 2003

  
Dep't of Health & Soc. Servs. v. Sandsness, Supreme Court No. S-9910, No. 5693, SUPREME COURT OF ALASKA, May 23, 2003, Decided
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Overview: State was entailed to summary judgment in a negligence action against it for the death of a victim at the hands of an early-released juvenile; the state agency that released the juvenile did not owe the public any actionable duty.

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Fowler v. State, Court of Appeals No. A-8254, No. 1878, COURT OF APPEALS OF ALASKA, May 23, 2003, Decided
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Overview: Statute that was signed by governor on July 3 took effect on July 4, even though the legislature specified that it was to take effect on July 1; the holiday the day after the statute was signed did not preclude statute from going into effect.

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Lee v. Municipality of Anchorage, Court of Appeals No. A-8205, No. 1877, COURT OF APPEALS OF ALASKA, May 23, 2003, Decided
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Overview: Defendant's conviction for the offense of knowingly maintaining or operating a place, building, structure or part thereof for the purpose of prostitution was remanded; the trial court failed to apply the mental state of "intentionally."

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Magee v. State, Court of Appeals No. A-8184, No. 1876, COURT OF APPEALS OF ALASKA, May 23, 2003, Decided
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Overview: A judicial officer violated the Fourth Amendment by issuing a contingent warrant that authorized the police to search defendant's residence. The contingent event was not defined precisely enough to assure judicial control over the search process.

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Turner v. Alaska Communs. Sys. Long Distance, Inc., Supreme Court No. S-10692, Order No. 45, SUPREME COURT OF ALASKA, May 23, 2003, Decided
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Wendte v. State, Supreme Court No. S-10558, No. 5694, SUPREME COURT OF ALASKA, May 23, 2003, Decided
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Overview: Trial court did not err in affirming board's suspension of appraiser's license after he was convicted of theft, as there was presumed logical nexus between crime of moral turpitude and ability to satisfy profession's ethical standards.

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Deveraux v. State, Court of Appeals No. A-08135, COURT OF APPEALS OF ALASKA, May 27, 2003, Decided
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Bibbs v. State, Court of Appeals No. A-8148, No. 4708, COURT OF APPEALS OF ALASKA, May 28, 2003, Decided
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Overview: Alaska Department of Corrections properly imposed mandatory parole, rather than an unconditional discharge, in a case where an inmate was released after serving an aggregate sentence in excess of two years.

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Cathey v. State, Court of Appeals No. A-7896, No. 4707, COURT OF APPEALS OF ALASKA, May 28, 2003, Decided
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Overview: Police could not arrest the passenger in a car for drug paraphernalia found in the back seat without showing facts to establish probable cause to believe that the passenger knowingly possessed controlled substances.

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