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   State Courts - Alaska - June 4 - June 6, 2003

  
Duncan v. State, Court of Appeals No. A-7968, No. 4712, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: Where defendant still had possession of stolen cigarettes when he pushed first employee and struggled with second, jurors could reasonably infer that defendant used force to overcome resistance to his retention of the stolen cigarettes.

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Hammer v. State, Court of Appeals No. A-8301, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: The prosecution of defendant on two counts of violating a domestic violence restraining order was improper, where the State's decision to call defendant's probation office as a character witness heightened the possibility of unfair prejudice.

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Hartvigsen v. State, Court of Appeals No. A-8340, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: Alaska court did not waive jurisdiction over a state prisoner who was tried and acquitted in Arizona for prison escape.

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Hertz v. State, Court of Appeals No. A-8070, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: Where statute authorized release of defendant's pre-sentence report to correctional facility, and term "correctional facility" included institutions other than those owned by State, release of report to private correctional facility was proper.

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McReynolds v. State, Court of Appeals No. A-8045, No. 4714, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: In a criminal prosecution for second-degree controlled substance misconduct, all counts in the indictment were supported by sufficient evidence. Defendant sold drugs to an undercover agent. The court upheld defendant's sentence of eight years.

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Seymour v. State, Court of Appeals No. A-8093, No. 4710, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: Defendant was properly indicted and convicted of felony driving while intoxicated based on a breath test administered 90 minutes after he drove that revealed a breath alcohol level of .115.

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Thompson v. State, Court of Appeals No. A-7868, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: Defendant's criminal conviction was upheld on appeal; pre-incarceration inventory search of defendant's clothes that resulted in the police seizure of cocaine was a legal search and the judge was not disqualified by an ex parte communication.

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Yoder v. State, Court of Appeals No. A-8398, No. 4711, COURT OF APPEALS OF ALASKA, June 4, 2003, Decided
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Overview: The inmate was permitted to amend his second application for post-conviction relief to allege that his attorney for his first post-conviction relief application did not provide competent representation.

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Nat'l Bank of Alaska v. Ketzler, Supreme Court No. S-9945, SUPREME COURT OF ALASKA, June 6, 2003, Decided
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Overview: The lower court's setting aside a deed of trust purporting to convey the family home was affirmed because the wife timely took action to invalidate the deed of trust which failed to contain her signature as untitled spouse.

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Register v. State, Court of Appeals Nos. A-7923 & A-7943, No. 1882, COURT OF APPEALS OF ALASKA, June 6, 2003, Decided
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Overview: Trial court's findings were not clearly erroneous that defendant and his co-defendant were aware of the consequences of their no-contest pleas, and, even if they were not, their mistaken beliefs did not affect their decisions to accept the pleas.

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