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   State Courts - Alaska - August 9 - August 11, 2000

  
Johnson v. State, Court of Appeals No. A-7264, No. 4258, COURT OF APPEALS OF ALASKA, August 9, 2000, Decided
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Overview: The court affirmed the denial of defendant's motion to suppress in prosecution for possession of cocaine; police arrested defendant on valid warrant, and the officer felt an object that could have been a knife in defendant's pocket.

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Latham v. State, Court of Appeals No. A-7198, No. 4259, COURT OF APPEALS OF ALASKA, August 9, 2000, Decided
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Overview: Defendant's attempt to re-litigate an issue on appeal was denied because the law of the case doctrine prohibited the reconsideration of issues that had been adjudicated in a previous appeal in the same case.

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Price v. State, Court of Appeals No. A-7217, No. 4256, COURT OF APPEALS OF ALASKA, August 9, 2000, Decided
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Overview: Convictions were upheld because the State's failure to preserve the fingerprint evidence did not violate appellant's right to due process; and the trial court was not clearly mistaken when it sentenced appellant.

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Solotov v. State, Court of Appeals No. A-7359, No. 4257, COURT OF APPEALS OF ALASKA, August 9, 2000, Decided
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Overview: Trial court erred in denying defendant's motion to vacate default judgment entered for failing to respond to traffic citation, because it appeared defendant did not receive notice of citation until after the default judgment was entered.

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Stough v. State, Court of Appeals No. A-7022, No. 4260, COURT OF APPEALS OF ALASKA, August 9, 2000, Decided
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Overview: Appellant's convictions were affirmed because the trial court did not abuse its discretion in denying the motion to withdraw the plea, and the sentencing was not an abuse of the trial court's discretion or clearly erroneous.

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Wood v. State, Court of Appeals No. A-7592, No. 4261, COURT OF APPEALS OF ALASKA, August 9, 2000, Decided
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Overview: Following probation revocation, judge's imposition of all of appellant's two years of suspended imprisonment was proper when although appellant had some positive accomplishments, they were outweighed by his two assault convictions on probation.

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Kachemak Bay Conservation Soc'y v. Department of Natural Resources, Supreme Court No. S-8554, No. 5303, SUPREME COURT OF ALASKA, August 11, 2000, Decided
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Overview: Agency approval of oil and gas lease sale program affirmed where review was permissibly limited to the lease sale phase, and agency showed reasonable basis for "best interests" finding and consistency with coastal management plan.

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Kim v. Nat'l Indem. Co., Supreme Court No. S-9207, No. 5305, SUPREME COURT OF ALASKA, August 11, 2000, Decided
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Overview: Where taxi driver's insurance policy covered only accidental injury and barred coverage for injury arising from intentional acts and sexual molestation, policy did not provide coverage for taxi driver's sexual abuse of minor.

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Nichols v. State Farm Fire & Cas. Co., Supreme Court No. S-8969, No. 5304, SUPREME COURT OF ALASKA, August 11, 2000, Decided
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Overview: Where appellee insurance company owed no duty to appellant, who fell off neighbor's ladder, to locate or preserve ladder, a claim for negligent spoliation could not be separately maintained against appellee.

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Powers v. United Servs. Auto. Ass'n, Supreme Court No. S-8776, No. 5302, SUPREME COURT OF ALASKA, August 11, 2000, Decided
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Overview: Collateral estoppel did not bar insurance carrier from arbitration with claimant where carrier lacked privity with another insurance carrier, which had previously engaged in arbitration with the claimant on the same claims.

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