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   State Courts - Alaska - July 15 - July 20, 2005

  
Chesser-Witmer v. Chesser, Supreme Court No. S-11512, No. 5923, SUPREME COURT OF ALASKA, July 15, 2005, Decided
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Overview: Court properly modified child custody to a father, Alaska Stat. ¿ 25.20.110, where the mother interfered in the father's relationship with the child, which demonstrated an unwillingness to allow a loving relationship, and the mother's running of an assisted living facility raised a concern about her ability to meet the child's needs.

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Jeff A.C. v. State, Supreme Court No. S-11366, SUPREME COURT OF ALASKA, July 15, 2005, Decided
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Jeff A.C. v. State, Supreme Court No. S-11366, No. 5922, SUPREME COURT OF ALASKA, July 15, 2005, Decided
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Overview: Court properly terminated a father's parental rights on the basis of abandonment, Alaska Stat. ¿ 47.10.013, where he failed to express any intent to parent the child, he declined to speak with the foster mother and participate in a conference, and he did not request any visitation until eight months after learning of the child's existence.

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Massingill v. State, Court of Appeals No. A-8878, No. 4995, COURT OF APPEALS OF ALASKA, July 20, 2005, Decided
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Overview: Appellant's application for post-conviction relief was time-barred because under Alaska Stat. ¿ 12.72.020(a)(5), his claim was decided on its merits or on procedural grounds in previous proceeding, and where he had been convicted of two or more crimes, his sentences of imprisonment had to run consecutively under former Alaska Stat. ¿ 12.55.025(e).

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Olson v. State, Court of Appeals No. A-8595, No. 4996, COURT OF APPEALS OF ALASKA, July 20, 2005, Decided
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Overview: In DWI case, Alaska Stat. ¿ 28.35.030(a), defendant's claim of unlawful pretext stop failed as she presented no evidence suggesting that officers never stopped drivers for registration violations, or that they would not do so under circumstances of her case. Thus, under Fourth Amendment, trial court did not err when it refused to suppress evidence.

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White v. State, Court of Appeals Nos. A-8717 & A-8719, No. 4994, COURT OF APPEALS OF ALASKA, July 20, 2005, Decided
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Overview: In drug offense case, under Alaska R. Crim. P. 16(d)(6), defendant did not establish a sufficient showing to require discovery of electronic alerting device in package of cocaine since (1) disclosure of the design and function of device would irreparably compromise future investigations; and (2) discovery of device was not relevant to his defense.

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