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   State Courts - Alaska - July 7 - July 26, 2000

  
Bloom v. Tekton, Supreme Court No. S-9019, No. 5298, SUPREME COURT OF ALASKA, July 7, 2000, Decided
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Overview: Where employee's attending physician refused to treat him without a referral, it was error for workers' compensation board to deny his request to substitute a new physician without the employee's consent.

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Brown v. State, Court of Appeals No. A-6439, No. 1679, COURT OF APPEALS OF ALASKA, July 7, 2000, Decided
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Overview: A criminal sentence of 55 years following a conviction of second-degree murder was reversed on appeal because the record failed to show a justification for the sentencing judge's decision to depart from the benchmark range.

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Cole v. Bartels, Supreme Court No. S-9050, No. 5296, SUPREME COURT OF ALASKA, July 7, 2000, Decided
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Overview: Award of prejudgment interest and enhanced attorney fees was affirmed. Appellant failed to show that prejudgment interest constituted a double recovery, and evidence showed that appellant's position was unreasonable.

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Pearson v. Pearson, Supreme Court No. S-8973, No. 5297, SUPREME COURT OF ALASKA, July 7, 2000, Decided
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Overview: Court did not err when it determined best interests of the children and adequately considered relevant factors in evaluating them. Not an abuse of discretion to allow mother to retain legal and primary physical custody.

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In re Johnstone, Supreme Court No. S-08387, Order No. 36, SUPREME COURT OF ALASKA, July 12, 2000, Decided
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Billy v. State, Court of Appeals No. A-7244, No. 1680, COURT OF APPEALS OF ALASKA, July 14, 2000, Decided
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Overview: Dismissal of appellant's petition for post-conviction relief was affirmed, where appellant failed to meet his burden of pleading the "prejudice" component of his ineffective assistance of counsel claim.

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Dollison v. State, Court of Appeals No. A-7237, No. 1681, COURT OF APPEALS OF ALASKA, July 14, 2000, Decided
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Overview: Search incident to defendant's arrest was lawful, so suppression of small rock of cocaine and pipe was properly denied; failure to consider "small quantity" of drugs for mitigating sentence was harmless error in circumstances.

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Bushnell v. State, Court of Appeals No. A-6944, No. 1682, COURT OF APPEALS OF ALASKA, July 21, 2000, Decided
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Overview: Statute did not violate due process by providing that breath test results were not affected by test instrument's working tolerance; legislature implicitly found that particular machine's margin of error of .01 percent was acceptable.

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Bell v. State, Court of Appeals No. A-7308, No. 4252, COURT OF APPEALS OF ALASKA, July 26, 2000, Decided
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Overview: Dismissal of petition for post-conviction relief affirmed where appellant failed to offer facts rebutting presumption that attorney's tactical choice was competent; appellant failed to preserve due process claim in trial court.

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