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   State Courts - Alaska - May 16 - May 25, 2001

  
Puisis v. State, Court of Appeals No. A-7350, No. 4400, COURT OF APPEALS OF ALASKA, May 16, 2001, Decided
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Overview: Appellant's stalking and assault convictions were upheld because: (1) he failed to establish that jury was not impartial or that he was prejudiced by rulings during jury selection; and (2) evidence that he castrated his dog was properly admitted.

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Schanrock v. State, Court of Appeals No. A-7664, No. 4399, COURT OF APPEALS OF ALASKA, May 16, 2001, Decided
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Overview: Appellant's application for post-conviction relief was properly denied because: (1) magistrate acted within his discretion in vacating his earlier order dismissing assault charge against appellant; and (2) appellant failed to show any prejudice.

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Leis v. Hustad, Supreme Court No. S-8775, No. 5412, SUPREME COURT OF ALASKA, May 18, 2001, Decided
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Overview: Court erred in characterizing escrow account, funded from sale of husband's residence, as his separate property; the parties had agreed to sell their homes and buy a home together, thereby combining their separate property.

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Newmont Alaska v. McDowell, Supreme Court No. S-9323, Supreme Court No. S-9333, No. 5413, SUPREME COURT OF ALASKA, May 18, 2001, Decided
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Overview: Appellant's attempt to pay in full the first year's rent on new mining claims and partial payment toward the next year constituted partial, deficient payment of rent for the first year, and appellant was entitled to cure the deficiency.

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Tyler v. State, Court of Appeals No. A-7779, No. 1743, COURT OF APPEALS OF ALASKA, May 18, 2001, Decided
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Overview: Appellant's challenge to his felony DUI conviction was dismissed due to lack of jurisdiction because his Cooksey plea was not valid as issue he preserved for appeal, that his prior DUI convictions were invalid, was not dispositive.

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Kaser v. State, Court of Appeals No. A-7491, No. 4402, COURT OF APPEALS OF ALASKA, May 23, 2001, Decided
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Overview: Defendant's convictions were affirmed because admission of defendant's prior acts of domestic violence did not violate his right to notice of the charges against him, due process, or equal protection.

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Lowe v. State, Court of Appeals No. A-7460, No. 4401, COURT OF APPEALS OF ALASKA, May 23, 2001, Decided
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Overview: Police officers had authority to approach guesthouse and knock on the door because it appeared to be a home and had a path to the guesthouse that was impliedly open, with no barriers or gates restricting access.

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C.W. v. State, Supreme Court No. S-9642, No. 5415, SUPREME COURT OF ALASKA, May 25, 2001, Decided
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Overview: Father's parental rights were terminated for abandonment of his child, and the court affirmed the judgment despite father's claims that the State had violated the Children in Need of Aid statute and the ADA.

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Dep't of Revenue v. Andrade, Supreme Court Nos. S-9329, S-9339, No. 5414, SUPREME COURT OF ALASKA, May 25, 2001, Decided
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Overview: Statute restricting alien eligibility for Alaska's permanent fund dividend to aliens lawfully admitted for permanent residence in the United States was constitutional. Eligibility requirements did not amount to national origin discrimination.

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Fitts v. State, Court of Appeals No. A-7254, No. 1744, COURT OF APPEALS OF ALASKA, May 25, 2001, Decided
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Overview: Consent to search appellant's room in apartment was valid because the information given to police indicated that the witness renting the apartment had the requisite degree of authority to consent to the search.

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