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State Courts -
Alaska - May 10 - May 19, 2006
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Interior Cabaret, Hotel, Rest. & Retailers Ass'n v. Fairbanks N. Star Borough, Supreme Court No. S-11481, No. 6012,
SUPREME COURT OF ALASKA, May 12, 2006, Decided
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Overview: Superior court properly held that Fairbanks North Star Borough, Alaska, Ordinance No. 2003-52, did not violate Alaska Stat. § 29.35.150 as the sales tax was areawide and was operated in the manner described in Alaska Stat. § 29.45.650(a). The tax also was not a discriminatory tax on alcoholic beverages that violated Alaska Stat. § 04.21.010(c)(2).
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Stickman-Sam v. State, Court of Appeals No. A-9307, No. 2049,
COURT OF APPEALS OF ALASKA, May 12, 2006, Decided
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Overview: Defendant was accused of an offense, manslaughter, that allegedly took place at or near Galena, Alaska. Trial court erred in denying defendant's motion to change venue after the trial was set in Fairbanks because, under Alaska R. Crim. P. 18(e), defendant could move to have trial site elsewhere within venue district.
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Aguchak v. State, Court of Appeals No. A-8976, No. 5075,
COURT OF APPEALS OF ALASKA, May 17, 2006, Decided
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Overview: Defendant's sentence on a first degree sexual assault conviction, Alaska Stat. § 11.41.410(a)(1), was affirmed as judicial precedent clearly provided that his prior conviction of assaultive behavior did not need to be proven to a jury. The conviction was, by itself, sufficient to establish the aggravating factor in Alaska Stat. § 12.55.155(c)(8).
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