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   State Courts - Alaska - June 14 - June 19, 2002

  
Cizek v. Concerned Citizens of Eagle River Valley, Supreme Court No. S-9574, No. 5584, SUPREME COURT OF ALASKA, June 14, 2002, Decided
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Cizek v. Concerned Citizens of Eagle River Valley, Inc., Supreme Court No. S-9574, No. 5584, SUPREME COURT OF ALASKA, June 14, 2002, Decided
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Overview: Where airstrip was not used by owners of property for a 10 year period, the fact that airstrip could still be used for an airstrip did not continue nonconforming use rights for owners adjacent to the airstrip.

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Fraiman v. Dep't of Admin., DMV, Supreme Court No. S-10026, No. 5580, SUPREME COURT OF ALASKA, June 14, 2002, Decided
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Overview: Trooper followed car to a house whose owner took him to the cabin where the driver of the car was in her son's room. Driver was arrested; he was not an overnight guest and thus did not have standing to assert third-party Fourth Amendment protections.

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Guttchen v. Gabriel, Supreme Court No. S-9648, No. 5581, SUPREME COURT OF ALASKA, June 14, 2002, Decided
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Overview: Where owners controlled subdivision process, discharged underlying debt in bankruptcy, and failed to perfect their own interest in property, lienholders established good cause for delaying execution on judgment lien.

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Kava v. Am. Honda Motor Co., Supreme Court No. S-9201, No. 5582, SUPREME COURT OF ALASKA, June 14, 2002, Decided
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Overview: Where estate moved for a new trial, not for a directed verdict or a judgment n.o.v., trial court's application of directed verdict standard in deciding motion was an error requiring reversal and remand for application of proper standard.

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Nelson-Lizardi v. Lizardi, Supreme Court No. S-9803, No. 5583, SUPREME COURT OF ALASKA, June 14, 2002, Decided
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Overview: Because notice filed by wife was sufficient to alert the trial court that further information was needed to respond to trial court's order to file a request for an accounting, trial court abused its discretion in awarding entire pension to husband.

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Hertz v. State, Court of Appeals No. A-8004, No. 4586, COURT OF APPEALS OF ALASKA, June 19, 2002, Decided
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Overview: Where defendant's claim of sentencing error was untimely and could have been raised on direct appeal or in one of defendant's many previous applications for post-conviction relief, trial court properly dismissed claim as procedurally barred.

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Smith v. State, Court of Appeals No. A-8083, No. 4585, COURT OF APPEALS OF ALASKA, June 19, 2002, Decided
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Overview: Where defendant did not show how admission of alleged exculpatory evidence would have led trial court to entertain a reasonable doubt about his guilt, the defendant was not denied due process by police failure to collect exculpatory evidence.

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