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   State Courts - Alaska - July 18 - July 23, 2008

  
Audrey H. v. State, Supreme Court No. S-12858, No. 6286, SUPREME COURT OF ALASKA, July 18, 2008, Decided
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Overview: Mother's rights to her children were properly terminated under Alaska Stat. ¿ 47.10.088 because (1) they were children in need of aid; and (2) although office of children's services made reasonable efforts to reunify the family, discontinuing services was in the children's best interests since the mother was unwilling to participate in treatment.

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Black v. Municipality of Anchorage, Supreme Court No. S-12639, No. 6287, SUPREME COURT OF ALASKA, July 18, 2008, Decided
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Overview: A city could tax an owner for his condominium unit and for the limited common element attached to his unit under Alaska Stat. ¿ 34.08.720 because as a limited common element the land under and around the owner's condominium unit formed a part of his interest in the common elements.

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State Dep't of Corr. v. Lundy, Court of Appeals Nos. A-9493, A-9494, and A-9836, No. 2176, COURT OF APPEALS OF ALASKA, July 18, 2008, Decided
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Overview: Superior court lacked subject matter jurisdiction to decide in its sentencing orders the issue of whether defendants had a constitutional right to receive sex offender treatment while in prison under Alaska Const. art. I, ¿ 12. The issue could be brought in a civil lawsuit against the DOC, not in an Alaska R. Crim. P. 35(a) motion.

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Nevitt v. Provost, Supreme Court No. S-12603, No. 1309, SUPREME COURT OF ALASKA, July 23, 2008, Decided
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Overview: An appeal from the denial of domestic violence protective orders in a divorce proceeding was moot because the petitioning husband had already had a thorough review of the issues raised in his first petition and because all of the specifically tailored relief granted in connection with his second petition already had expired.

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