Alaska, July, 2008, State Case law | lexisONE® Community

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State Courts - Alaska - July 25, 2008

Doe v. State, Supreme Court No. S-12150, No. 6290, SUPREME COURT OF ALASKA, July 25, 2008, Decided
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Overview: Where appellant was convicted and sentenced for sex offenses before the Alaska Sex Offender Registration Act was enacted, application of the registration requirement under Alaska Stat. ? 12.63.100(3) added punishment beyond what could be imposed when the crime was committed in violation of the ex post facto clause of Alaska Const. art. I, ? 15.

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Hewitt v. State, Court of Appeals No. A-9717, No. 2177, COURT OF APPEALS OF ALASKA, July 25, 2008, Decided
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Overview: In a felony DUI case, trial judge did not abuse his discretion when he denied defendant's request to dismiss the entire jury venire after judge, by mistake, started to read the portion of the indictment alleging that defendant had prior DUI convictions, where judge cured his mistake by simply telling the jurors that he had read the wrong thing.

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Hooper v. Hooper, Supreme Court No. S-12356, No. 6292, SUPREME COURT OF ALASKA, July 25, 2008, Decided
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Overview: Trial court did not err by awarding the wife 67 % of marital estate after discussing factors of Alaska Stat. ? 25.24.160(a)(4) because it found that husband earned two and a half times what wife earned and her need to keep the family home for the parties' children. It found she had no financial reserves after husband failed to pay mortgage on home.

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Johnson v. State, Court of Appeals No. A-9800, No. 2178, COURT OF APPEALS OF ALASKA, July 25, 2008, Decided
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Overview: Although defendant complained that his attorney had asked to continue the sentencing hearing for five weeks without consulting him, the trial judge could reasonably conclude that defendant had not raised the kind of grave complaint about his attorney's performance that would have triggered the judge's duty to conduct a more thorough inquiry.

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Parson v. State, Supreme Court No. S-12486, No. 6288, SUPREME COURT OF ALASKA, July 25, 2008, Decided
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Overview: Because the Alaska Human Rights Commission's closure of an employee's complaint after an informal investigation was not an acquittal of the state agency and did not contain the required adjudicative elements to give rise to any preclusive effect under Alaska Stat. ? 18.80.280, the employee was not barred from filing suit in superior court.

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Tillmon v. Tillmon, Supreme Court No. S-12685, No. 6289, SUPREME COURT OF ALASKA, July 25, 2008, Decided
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Overview: Where a father contended that a trial court erred in refusing to award shared physical custody, an appellate court deferred to the trial court's determination that it was in the children's best interests to reside primarily with their mother during the school year; the father was obligated to pay child support according to 90.3(a).

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Veco Alaska, Inc. v. State, Supreme Court No. S-12163, No. 6291, SUPREME COURT OF ALASKA, July 25, 2008, Decided
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Overview: The Workers' Compensation Board's finding that the employer had not produced written records from which it could have been inferred that the employer had prior knowledge of the employee's qualifying impairment was improper because the Board applied a too-restrictive standard in evaluating whether the written-record requirement was satisfied.

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