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State Courts -
Alaska - May 23 - June 7, 2006
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Walter J. v. State, Supreme Court No. S-12055, No. 1248,
SUPREME COURT OF ALASKA, May 24, 2006, Decided
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Overview: State supreme court reversed decision terminating father's parental rights, pursuant to Alaska Stat. ? 47.10.088, because superior court had not found that father, who lived in Texas, neglected child, and superior court improperly based its decision on fact that child's mother had not corrected conditions which led State to take custody of child.
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Marty A. v. Dep't of Health & Soc. Servs., Supreme Court No. S-11909, No. 1249,
SUPREME COURT OF ALASKA, May 31, 2006, Decided
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Overview: In a termination of parental rights matter, superior court did not err, pursuant to Alaska Stat. ? 47.10.080, in terminating father's parental rights of daughter, who was an Alaska Native, because father's history of relapses into alcohol abuse showed that he had not remedied his problematic conduct that had placed his daughter at risk.
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Richards v. State, Court of Appeals No. A-8796, No. 5077,
COURT OF APPEALS OF ALASKA, May 31, 2006, Decided
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Overview: In felony DUI matter, trial court properly denied motion to dismiss indictment because, even if grand jury heard prosecutor's reference to prior convictions, it was unlikely remarks were prejudicial. Defendant was not deprived of right to jury at sentencing because State used, under Alaska Stat. ? 12.55.125(c)(21), prior convictions as aggravators.
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Allen v. State, Supreme Court No. S-11527, No. 1251,
SUPREME COURT OF ALASKA, June 7, 2006, Decided
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Overview: In child support matter, superior court did not err in denying father's request, pursuant to Alaska R. Civ. P. 60(b)(3), to vacate judgment that denied request to retroactively modify child support order because findings supported decision; alleged error in calculating support did not, by itself, provide grounds for retroactive modification.
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