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   State Courts - Alaska - May 2 - May 8, 2001

  
Braswell v. State, Court of Appeals No. A-7543, No. 4386, COURT OF APPEALS OF ALASKA, May 2, 2001, Decided
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Overview: Appellant's application for post-conviction relief was properly dismissed as untimely where it was neither filed within one year from the date appellant's original appeal was final nor by July 1, 1996.

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Elsey v. State, Court of Appeals No. A-7663, No. 4385, COURT OF APPEALS OF ALASKA, May 2, 2001, Decided
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Overview: Post-conviction relief motion was properly dismissed, because application was filed more than one year after conviction was affirmed on direct appeal. Also, appellant was not denied due process, and waiver issue was abandoned.

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Segevan v. State, Court of Appeals No. A-7670, No. 4384, COURT OF APPEALS OF ALASKA, May 2, 2001, Decided
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Overview: If a search warrant application was based on hearsay information, the information had to satisfy the Aguilar-Spinelli test, (1) the hearsay informant obtained their information in a reliable way, and (2) the hearsay informant was credible.

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Baker v. Univ. of Alaska, Supreme Court No. S-9108, No. 5402, SUPREME COURT OF ALASKA, May 4, 2001, Decided
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Overview: Dismissal of the appeal was reversed and remanded because the superior court erred in finding that appellant was not entitled to relief from prepayment of the appellate preparation costs.

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Finch v. Greatland Foods, Supreme Court Nos. S-9234, S-9353, No. 5403, SUPREME COURT OF ALASKA, May 4, 2001, Decided
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Overview: Genuine fact dispute existed as to whether employer constructively discharged employee and breached covenant of good faith and fair dealing. Summary dismissal of intentional infliction of emotional distress claim was proper.

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Haskins v. Municipality of Anchorage, Court of Appeals No. A-7435, No. 1738, COURT OF APPEALS OF ALASKA, May 4, 2001, Decided
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Overview: Even a person's express assent to a search may not be constitutionally-required affirmative, voluntary consent.

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Louisiana-Pacific Corp. v. State, Supreme Court No. S-9198, No. 5404, SUPREME COURT OF ALASKA, May 4, 2001, Decided
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Overview: Corporation's waiver agreement with IRS was effective for Alaska state taxes, but restricted federal waiver could only extend state statute of limitations for assessment or refund to issues in restricted waiver.

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State v. Brueggeman, Court of Appeals No. A-7621, No. 1737, COURT OF APPEALS OF ALASKA, May 4, 2001, Decided
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Overview: Where appellant repeatedly engaged in perjury for over a year to avoid his child support obligation, the court held that his offense was not significantly mitigated to warrant a suspended sentence.

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In re Friedman, Supreme Court No. S-8542, No. 5408, SUPREME COURT OF ALASKA, May 8, 2001, Decided
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Overview: Supreme court modified a decision of the state bar association disciplinary board and suspended an attorney for three years for certain withdrawals from a client trust account.

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