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   State Courts - Alaska - June 20 - June 26, 2007

  
Giesler v. Cannava, Supreme Court No. S-12351, No. 1279, SUPREME COURT OF ALASKA, June 20, 2007, Decided
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Overview: Where a husband's criminal history and a custody investigator's report indicated that the husband had anger management issues, a trial court properly considered the factors of Alaska Stat. § 25.24.150(c) and awarded legal custody of a minor child to the wife. Trial court was not obligated to adopt the investigator's recommendation of joint custody.

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Godsoe v. State, Court of Appeals No. A-9505, No. 5229, COURT OF APPEALS OF ALASKA, June 20, 2007, Decided
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Overview: A motion under Alaska R. Crim. P. 35(a) was denied because a sentence imposed conformed to the oral pronouncement where the judge's remarks, taken as a whole, indicated an intent to impose consecutive sentences under former Alaska Stat. § 12.55.025.

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Haynes v. State, Court of Appeals No. A-9080, No. 5231, COURT OF APPEALS OF ALASKA, June 20, 2007, Decided
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Overview: A remand of the denial of a motion to suppress evidence was necessary because a trial judge's findings did not coincide with the testimony of a state trooper investigator regarding why it was necessary to remove items from defendant's pants pocket during an arrest; the items were discovered during a pat-down search.

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Moore v. State, Court of Appeals No. A-9107, No. 5230, COURT OF APPEALS OF ALASKA, June 20, 2007, Decided
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Overview: Probable cause supported issuance of a search warrant as (1) investigator's affidavit connected the altered gas can in defendant's carport with possible methamphetamine production; (2) he was frequently purchasing ephedrine-based cold medicine and stove fuel; and (3) evidence relating to methamphetamine production might still be found in his home.

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Allen v. Vaughn, Supreme Court No. S-12080, No. 6133, SUPREME COURT OF ALASKA, June 22, 2007, Decided
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Overview: In divorce matter, husband's and wife's property did not sell; therefore, they entered into a new agreement. Supreme court refused to find that agreement called for forfeiture of property from one party to another because equity abhorred forfeiture. Instead, supreme court determined agreement should be understood as creating an equitable mortgage.

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Dickerson v. Goodman, Supreme Court Nos. S-11497/S-12257, No. 6135, SUPREME COURT OF ALASKA, June 22, 2007, Decided
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Overview: Following dismissal of driver's suit against another motorist, motorist sought to intervene and to bring suit against the driver; however, denial of motion to intervene was proper. Further, second suit was barred because Alaska R. Civ. P. 13(a) required motorist to bring counterclaim in driver's suit before it was dismissed.

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Roberts v. State, Supreme Court No. S-12180, No. 6134, SUPREME COURT OF ALASKA, June 22, 2007, Decided
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Overview: Business owner challenged Department of Revenue's approval of nonprofit organization's free bicycle loan program, which was supported by gaming funds. Claims' assignments to corporation's business owner was inappropriate because assignment was attempt to circumvent requirements of Alaska Stat. § 22.20.040(a)(2) regarding representation by attorney.

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Ayers v. United Servs. Auto. Ass'n, Supreme Court No. S-12018, SUPREME COURT OF ALASKA, June 26, 2007, Decided
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