Alaska, May, 2007, State Case law | lexisONE® Community

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State Courts - Alaska - May 18 - May 23, 2007

Bush v. State, Court of Appeals No. A-9535, No. 2099, COURT OF APPEALS OF ALASKA, May 18, 2007, Decided
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Overview: Because defendant's plea hearing stopped 120-day clock of Alaska R. Crim. P. 45 on prior drunk-driving offense, retrying him for that offense after its dismissal without prejudice for right-to-counsel violation did not violate speedy-trial right under rule. Once prior conviction was set aside as void, retrial did not violate Double Jeopardy Clause.

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Charliaga v. State, Court of Appeals No. A-9282, No. 2101, COURT OF APPEALS OF ALASKA, May 18, 2007, Decided
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Overview: Some of the details that appeared in defendant's pre-sentence report fell outside the statements that defendant made at the sentencing hearing, the statements he made to the trooper, and the background facts necessary to understand his statements to the trooper. Those additional details of the offense had to be struck from the pre-sentence report.

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Gabrielle v. State, Supreme Court No. S-11490, No. 6125, SUPREME COURT OF ALASKA, May 18, 2007, Decided
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Overview: A superior court's affirmation of a law enforcement agency's refusal to renew an individual's concealed carry permit and revocation of an existing permit was affirmed since, while he was a pardoned felon, he had to meet the requirements of Alaska Stat. ? 11.61.200(g)(1) and (2) to offer an affirmative defense to Alaska Stat. ? 11.61.200(a)(12).

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In re Landry, Supreme Court No. S-12566, Order No. 60, SUPREME COURT OF ALASKA, May 18, 2007, Decided
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Overview: Judge was publicly censured for, inter alia, making pre-signed bail orders available to prosecutors for out-of-custody arraignments, violating Alaska R. Crim. Proc. 45 time constraints, and making inappropriate sexual comments to female employees in violation of Alaska Stat. ? 22.30.011(a)(3) and Alaska Code Jud. Conduct 1, 2A, 2B, 3B, 3C, and 3E.

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Lakloey, Inc. v. Univ. of Alaska, Supreme Court No. S-11950, No. 6124, SUPREME COURT OF ALASKA, May 18, 2007, Decided
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Overview: The third-lowest bidder on an information for bid issued by a public university seeking a water deionization system was improperly denied a fact-finding hearing after making a bid protest; under Alaska Stat. ? 36.30.005(c), the bidder had standing to file the protest because it was a party with an economic interest in the outcome of the bid award.

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Linscott v. State, Court of Appeals No. A-9515, No. 2100, COURT OF APPEALS OF ALASKA, May 18, 2007, Decided
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Overview: Appellate court did not need to decide if trial judge violated Sixth Amendment because, even in absence of aggravating factors, judge could have imposed same composite sentence of six years by imposing four-year presumptive term for burglary and two-year presumptive term for theft consecutively instead of concurrently. Thus, sentence was affirmed.

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Pastos v. State, Court of Appeals No. A-9425, No. 2102, COURT OF APPEALS OF ALASKA, May 18, 2007, Decided
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Overview: In an engaging in an unlawful contact case, Alaska Stat. ??11.56.750(a)(2), defendant knew that his act of cashing a check his ex-girlfriend had written more than three years earlier would constitute an indirect communication to her. Thus, he violated the no contact provision of his conditions of release, and his probation was properly revoked.

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Wooley v. State, Court of Appeals No. A-9335, No. 2098, COURT OF APPEALS OF ALASKA, May 18, 2007, Decided
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Overview: Date of defendant's sentencing for a prior offense was the date that determined whether the prior offense fell within the five-year time period specified in Alaska Stat. ? 11.46.130(a)(6). Defendant was sentenced for his two prior theft offenses within that time period. Thus, he was properly convicted of second-degree theft under ? 11.46.130(a)(6).

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Gottschalk v. State, Court of Appeals No. A-9229, No. 5223, COURT OF APPEALS OF ALASKA, May 23, 2007, Decided
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Overview: Although superior court's order requiring defendant who was convicted of DUI and felony breath-test refusal to serve consecutive sentences of 36 months' imprisonment after his probation was revoked violated ceiling set by Supreme Court of Alaska in Neal v. State, court of appeals approved the sentence using its authority to protect public safety.

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Johnson v. State, Court of Appeals No. A-9049, No. 5224, COURT OF APPEALS OF ALASKA, May 23, 2007, Decided
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Overview: Court of appeals upheld superior court's judgment denying defendant's petition for postconviction relief because record showed that counsel made a reasonable decision when he decided to attack a child victim's credibility instead of attempting to prove that defendant could not have been alone with the child when he allegedly committed sexual abuse.

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