Alaska, July, 2003, State Case law | lexisONE® Community

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State Courts - Alaska - July 2 - July 3, 2003

Bradbury v. Chugach Elec. Assn, Supreme Court No. S-10532, SUPREME COURT OF ALASKA, July 2, 2003, Date of Order
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Dandova v. State, Court of Appeals No. A-8183, No. 4730, COURT OF APPEALS OF ALASKA, July 2, 2003, Decided
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Goldberg v. State, Court of Appeals No. A-8400, No. 4729, COURT OF APPEALS OF ALASKA, July 2, 2003, Decided
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Overview: Defendant's claim that sentencing court wrongly found him worst offender was moot, as maximum sentence was not imposed and jail sentence was not clearly mistaken, as defendant, while police officer, encouraged witness to provide false information.

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Gusty v. State, Court of Appeals No. A-8457, No. 4732, COURT OF APPEALS OF ALASKA, July 2, 2003, Decided
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Overview: The trial court impermissibly relied on two statutory aggravating factors that were essential components of the charged crime; therefore, appellant's sentence was vacated and remanded for resentencing.

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Jenny W. v. State, Supreme Court No. S-10809, No 1136, SUPREME COURT OF ALASKA, July 2, 2003, Decided
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Overview: Termination of the mother's parental rights was supported by substantial evidence where she struggled with substance abuse, had a history of violence, and a lengthy criminal record, and no less severe remedy was in the children's best interest.

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Morkal v. State, Court of Appeals No. A-8181, No. 4728, COURT OF APPEALS OF ALASKA, July 2, 2003, Decided
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Overview: Because the judge did not err in finding that a defendant's most recent post-conviction relief application was untimely and successive, the appellate court affirmed dismissal of the application for post-conviction relief.

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Neal v. State, Court of Appeals No. A-7931, No. 4731, COURT OF APPEALS OF ALASKA, July 2, 2003, Decided
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Overview: Conviction for sexual assault was affirmed, where, even though victim recanted pre-trial allegations of sexual assault, the victim's pre-trial allegations were sufficiently corroborated to sustain the conviction for sexual assault.

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Carter v. State, Court of Appeals No. A-8217, No. 1887, COURT OF APPEALS OF ALASKA, July 3, 2003, Decided
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Overview: Defendant had reasonable expectation of privacy in hotel room after check out time. Police thus had no authority to remain in room with defendant, and officers' observation and seizure of drug evidence was not justified under plain view doctrine.

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Young v. State, Court of Appeals No. A-8056, No. 1886, COURT OF APPEALS OF ALASKA, July 3, 2003, Decided
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Overview: Defendant who shoved two pieces of tissue paper under a door just before he was arrested did not abandon tissue paper or its contents, and trial court should have granted defendant's motion to suppress drugs police officer found inside tissue paper.

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