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   State Courts - Alaska - July 3 - July 12, 2002

  
Foxglove v. State, Court of Appeals No. A-7758, No. 4587, COURT OF APPEALS OF ALASKA, July 3, 2002, Decided
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Overview: Where defendant failed to show that attorneys had no tactical reason for not raising alcohol blackout defense in sentencing or that sentence would have been less severe due to evidence, defendant's ineffective assistance claim failed.

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J. A. v. State, Supreme Court No. S-10143, No. 5592, SUPREME COURT OF ALASKA, July 5, 2002, Decided
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Overview: Where substantial evidence in addition to experts' testimony supported trial court's conclusion that, beyond a reasonable doubt, father's substance abuse and neglect placed children at risk of harm, termination of parental rights was proper.

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Dayton v. State, Court of Appeals No. A-7724, COURT OF APPEALS OF ALASKA, July 8, 2002, Decided
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Savo v. State, Court of Appeals No. A-7884, No. 4588, COURT OF APPEALS OF ALASKA, July 10, 2002, Decided
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Overview: Defendant did not object to his identification as the assailant by witness, whom the victim first reported the rape to. Because evidence of prior assault was admissible, the severance of unlawful contact charge from assault charges was not required.

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Cabana v. Kenai Peninsula Borough, Supreme Court No. S-9994, No. 5594, SUPREME COURT OF ALASKA, July 12, 2002, Decided
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Overview: Where assembly reasonably determined that land exchange was in borough's best interest and provided statement of facts on which its finding was based, resident's challenge to land exchange failed, and assembly was entitled to summary judgment.

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Hammock v. State, Court of Appeals No. A-7800, No. 1810, COURT OF APPEALS OF ALASKA, July 12, 2002, Decided
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Overview: Trial court did not err when it found defendant guilty of second-degree criminal trespass where defendant was repeatedly asked to leave a bar and on the third occasion he left the building but went outside and stood around the parking lot.

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Maness v. State, Court of Appeals No. A-7292, No. 1809, COURT OF APPEALS OF ALASKA, July 12, 2002, Decided
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Overview: After defendant was arrested for murder of a neighbor and the police learned someone had been shooting from defendant's apartment, their warrantless search of defendant's apartment for other possible victims was justified as a protective sweep.

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Nunez v. Am. Seafoods, Supreme Court No. S-9875, No. 5593, SUPREME COURT OF ALASKA, July 12, 2002, Decided
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Overview: Where employment contract's forum selection clause required employee to sue in federal court, the clause violated the employee's right under the Jones Act to sue in any eligible forum, and the contractual provision was therefore void.

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State v. Felix, Court of Appeals Nos. A-7885, A-7886, & A-7887, No. 1808, COURT OF APPEALS OF ALASKA, July 12, 2002, Decided
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Overview: The district court was not permitted to interrupt a criminal sentence to address a prisoner's short-term needs.

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