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   State Courts - Alaska - June 28 - July 7, 2006

  
Adams v. State, Court of Appeals No. A-8797, No. 5087, COURT OF APPEALS OF ALASKA, June 28, 2006, Decided
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Overview: Defendant's conviction for third-degree assault was upheld where State's evidence, that defendant was reckless while speeding away from another collision just minutes before, he drove through stop sign into intersection without regard for potential that there would be traffic that he could not avoid, supported mental element of recklessness.

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Hughes v. State, Court of Appeals No. A-8777, No. 5086, COURT OF APPEALS OF ALASKA, June 28, 2006, Decided
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Overview: Search warrant was based on probable cause, Alaska Stat. § 12.35.010, because in the affidavit, an officer corroborated the informant's description of defendant, the affidavit noted that the informant was searched before and after the controlled buy, and the informant gave the officer a substance that tested positive for methamphetamine.

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Crawford v. State, Supreme Court No. S-11441, No. 6020, SUPREME COURT OF ALASKA, June 30, 2006, Decided
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Overview: Because the unlocked center console of defendant's car was immediately accessible to him when he was removed from his car and arrested, and the search of the console occurred reasonably contemporaneously with his arrest, defendant's motion to suppress crack cocaine seized from the console was properly denied.

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Myers v. Alaska Psychiatric Inst., Supreme Court No. S-11021, No. 6021, SUPREME COURT OF ALASKA, June 30, 2006, Decided
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Overview: Trial court's order approving administration of psychotropic drugs to the patient pursuant to Alaska Stat. § 47.30.839 was vacated because liberty and privacy guarantees in Alaska Const. art. I, §§ 7 and 22 require that trial courts first find that medication was in the patient's best interests and that no less intrusive alternative was available.

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Brown v. State, Court of Appeals No. A-8699, No. 5088, COURT OF APPEALS OF ALASKA, July 5, 2006, Decided
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Overview: In petitioner's request for post-conviction relief, trial court properly dismissed petition because matter was time-barred, pursuant to Alaska Stat. § 12.72.020(a)(4); more than one year passed since Alaska Board of Parole made final administrative decision denying application for parole. Also, appeal was moot because Board had changed policies.

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DeNardo v. Alaska Cleaners, Inc., Supreme Court No. S-12070, No. 1256, SUPREME COURT OF ALASKA, July 5, 2006, Decided
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Overview: In suit alleging age discrimination, trial court properly denied job applicant's motion, pursuant to Alaska R. Civ. P. 60(b), to set aside judgment dismissing suit because corporation's acts were not so egregious to constitute fraud and motion was untimely. Applicant failed to show bias to support motion for recusal under Alaska Stat. § 22.20.020.

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Larson v. Dep't of Corr., Supreme Court No. S-12092, No. 1257, SUPREME COURT OF ALASKA, July 5, 2006, Decided
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Overview: Although inmate's appeal of 2003 transfer decision was moot as it was superseded by a 2005 transfer, the inmate acted reasonably by not appealing the 2005 transfer when the 2003 appeal was still pending, thus the doctrine of equitable tolling was applied and the case remanded for consideration of the 2005 transfer as a timely administrative appeal.

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Erickson v. State, Court of Appeals No. A-8942, No. 2053, COURT OF APPEALS OF ALASKA, July 7, 2006, Decided
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Overview: In drug conviction appeal, trial court erred in not suppressing evidence because when defendant gave name that could not be located in Alaska Public Safety Information Network, and identification was found with different name, trooper did not have probable cause to arrest for false information, pursuant to Alaska Stat. § 11.56.800(a)(1)(B)(i).

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State v. Gottschalk, Court of Appeals No. A-8798, No. 2052, COURT OF APPEALS OF ALASKA, July 7, 2006, Decided
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Overview: When the defendant was in court on a probation violation and was given a copy of a new indictment charging him with felony DUI, the defendant was not properly "served" for purposes of the speedy trial rule, Alaska R. Crim. P. 45. Defendant was properly served in jail with the warrant issued by the superior court in the DUI case.

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