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

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State Courts - Alaska - July 30 - August 6, 2008

Brown v. State, Court of Appeals No. A-9826, No. 5372, COURT OF APPEALS OF ALASKA, July 30, 2008, Decided
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Overview: Where appellant filed a deficient pro se application for post-conviction relief, the superior court erred by granting the State's motion to dismiss without responding to appellant's requests for more time to correct the deficiencies in his application and without addressing appellant's amended application.

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Enright v. State, Court of Appeals No. A-10071, No. 5370, COURT OF APPEALS OF ALASKA, July 30, 2008, Decided
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Overview: Where defendant violated his probation conditions several times, he received a 24-month sentence for third-degree assault. The Court of Appeals of Alaska had no jurisdiction to hear his sentencing appeal under Alaska Stat. ? 12.55.120(a) and Alaska R. App. P. 215(a)(1), because his sentence did not exceed two years.

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Gordon v. State, Court of Appeals No. A-9907, No. 5371, COURT OF APPEALS OF ALASKA, July 30, 2008, Decided
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Overview: In a case in which defendant had been convicted of first degree assault and third degree assault and defendant's probation had been revoked four times, the trial court's decision to impose a composite sentence of 20 years for the two felonies was not clearly mistaken.

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Rapp v. State, Court of Appeals No. A-9197, No. 5368, COURT OF APPEALS OF ALASKA, July 30, 2008, Decided
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Overview: Where defendant plead no contest to a perjury charge, the superior court did not err by sentencing defendant without a presentence report in accordance with Alaska R. Crim. P. 11(e)(1). The Court of Appeals of Alaska had no jurisdiction to review defendant's excessive sentence claim, because her sentence for perjury did not exceed 2 years.

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State v. Stafford, Court of Appeals No. A-9753, No. 5373, COURT OF APPEALS OF ALASKA, July 30, 2008, Decided
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Overview: Where defendant pled no contest to sexual abuse of a minor, the superior court erred by granting defendant credit under Alaska Stat. ? 12.55.025(c) towards his 2-year term to serve for the time he was on bail release with a condition that included electronic monitoring. Defendant's bail release conditions were not the equivalent of incarceration.

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Willis v. State, Court of Appeals No. A-9794, No. 5369, COURT OF APPEALS OF ALASKA, July 30, 2008, Decided
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Overview: In denying defendant's motion to withdraw his guilty plea to attempted first degree sexual assault, the trial court's finding that defendant understood the plea agreement and the consequences of his guilty plea and simply changed his mind after accepting the plea agreement was not clearly erroneous.

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Jarvill v. Porky's Equip., Inc., Supreme Court Nos. S-12457/S-12527, No. 6294, SUPREME COURT OF ALASKA, August 1, 2008, Decided
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Overview: Owner's products liability cause of action accrued on date boat sank, not on a prior date when a boat surveyor inspected the boat and expressed concern that the hull was too thin, and therefore action was not barred by two-year statute of limitations of Alaska Stat. ? 09.10.070, because nothing suggested that cracks manifested before boat sank.

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McLane v. Paul, Supreme Court No. S-12872, No. 6295, SUPREME COURT OF ALASKA, August 1, 2008, Decided
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Overview: Where the father proposed that the parties reverse their custody arrangement, they had a three-week experiment arrangement and then the mother insisted that the child be returned to her. The superior court erred by granting the father's motion for modification, as there was no substantial change of circumstances under Alaska Stat. ? 25.20.110(a).

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Rhodes v. Erion, Supreme Court No. S-12402, No. 6293, SUPREME COURT OF ALASKA, August 1, 2008, Decided
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Overview: In a passenger's suit after a car accident where the passenger's award was less than the driver's offer of judgment (which the passenger rejected, the trial court's refusal to reduce the attorney fee award under the Alaska R. Civ. P. 82(b)(3) factors was proper as the case took three years to get to trial and substantial motion practice took place.

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Paul G. v. State, Supreme Court No. S-12928, No. 1310, SUPREME COURT OF ALASKA, August 6, 2008, Decided
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Overview: A superior court's conclusion that the best interests of two children would be served by terminating a father's parental rights was not clearly erroneous and was warranted by Alaska Stat. ? 47.10.088 because the father had not remedied the conditions that placed his children at risk of substantial harm.

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