Alaska, July, 2007, State Case law | lexisONE® Community

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State Courts - Alaska - July 5 - July 17, 2007

A.C. v. State, Court of Appeals No. A-9396, No. 5239, COURT OF APPEALS OF ALASKA, July 5, 2007, Decided
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Overview: Appellant's juvenile convictions were supported by sufficient direct and circumstantial evidence to prove he was an accomplice under Alaska Stat. ? 11.16.110(2)(B) who helped a group of minors burglarize a home while the owner was away, burn the house down to destroy the evidence, and steal and strip the homeowner's truck for parts.

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Pazar v. Crooks, Supreme Court No. S-12363, No. 1280, SUPREME COURT OF ALASKA, July 5, 2007, Decided
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Overview: In appellants' quiet title action, when the trial court failed to establish an equitable lien in favor of appellee, the judgment was not a final judgment, and the trial court retained jurisdiction over the action. Thus, the trial court had the authority to create the equitable lien two years after the judgment.

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Peralta v. State, Court of Appeals No. A-9620, No. 5238, COURT OF APPEALS OF ALASKA, July 5, 2007, Decided
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Overview: At a robbery/theft trial, an officer was properly permitted to testify that defendant was a suspect in a fatal shooting; although it was evidence of other crimes under Alaska R. Evid. 404(b), it was admissible to prove defendant's state of mind or motive for his attempt to elude police by forcibly seizing a car and embarking on a high-speed chase.

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AT&T Alascom v. Orchitt, Supreme Court No. S-12058, No. 6139, SUPREME COURT OF ALASKA, July 6, 2007, Decided
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Overview: Worker claimed to have sustained injuries when he was exposed to radio frequency radiation as he was performing his job. Workers' Compensation Board did not abuse its discretion in deciding that an injured worker's claim was compensable because the board could rely on lay testimony from worker's co-workers along with medical evidence.

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Osborne v. State, Court of Appeals No. A-8399, No. 2109, COURT OF APPEALS OF ALASKA, July 6, 2007, Decided
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Overview: Defendant was convicted of assault, kidnapping, and sexual assault. Trial court properly denied defendant's request for post-conviction DNA testing because defendant confessed to the offenses when he applied for parole, and there was considerable evidence that linked defendant to the offenses.

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State v. Manning, Supreme Court Nos. S-11170/S-11189, No. 6138, SUPREME COURT OF ALASKA, July 6, 2007, Decided
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Overview: Caribou hunter challenged regulation, Alaska Admin. Code tit. 5, ? 92.070(b)(1), after he was denied Tier II subsistence hunting permit. Regulation did not comport with Alaska Constitution because game scoring ratio was not an accurate method to determine access to other game.

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Carlson v. Renkes, Supreme Court No. S-12244, No. 1281, SUPREME COURT OF ALASKA, July 11, 2007, Decided
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DeNardo v. Corneloup, Supreme Court No. S-11703, No. 6140, SUPREME COURT OF ALASKA, July 13, 2007, Decided
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Overview: All of a tenant's tort claims arising from the allegation that cigarette smoke emanating from a neighbor's apartment was making him ill were properly rejected where, inter alia, there was no evidence that the landlord had substantially disturbed the tenant's use of the land or that the neighbor had deliberately caused the smoke to contact him.

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Morgan v. State, Court of Appeals No. A-9579, No. 2110, COURT OF APPEALS OF ALASKA, July 13, 2007, Decided
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Overview: Defendant's motion to suppress in driving under the influence trial was properly denied because the fact that a police trooper was on the lookout for potentially intoxicated drivers when he stopped defendant's vehicle for turning without a signal was irrelevant for Fourth Amendment purposes when the trooper followed reasonable police practices.

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Burke P. v. State, Supreme Court No. S-12347, SUPREME COURT OF ALASKA, July 17, 2007, Decided
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