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   State Courts - Alaska - June 8 - June 13, 2001

  
Cowles v. State, Supreme Court No. S-8831, No. 5418, SUPREME COURT OF ALASKA, June 8, 2001, Decided
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Overview: Employee had no reasonable expectation of privacy from surveillance directed at detecting her act of taking money from employer's cash bag, and covertly recorded videotape was properly admitted into evidence.

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E.H. v. Dep't of Health & Soc. Servs., Supreme Court No. S-9532, No. 5419, SUPREME COURT OF ALASKA, June 8, 2001, Decided
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Overview: Order terminating mother's parental rights was proper because neither condition terminating court's continuing jurisdiction had occurred when department of health and social services petitioned for termination of parental rights.

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Hutchison v. State, Court of Appeals No. A-7544, No. 1747, COURT OF APPEALS OF ALASKA, June 8, 2001, Decided
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Overview: Defendant should not have been convicted of failing to appear for hearing on driving while intoxicated charge, since extreme intoxication constituted defense to willfully failing to appear charge under former statute.

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McDowell v. State, Supreme Court No. S-9101, No. 5417, SUPREME COURT OF ALASKA, June 8, 2001, Decided
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Overview: The doctrine of res judicata prevented re-litigation of appellants' trespass claim against the State of Alaska.

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Sanford v. State, Court of Appeals No. A-7633, No. 1748, COURT OF APPEALS OF ALASKA, June 8, 2001, Decided
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Overview: Appellant's indictment on four counts of attempted kidnapping was reversed; the concurrence of a majority of the grand jurors sworn, not just a majority of the jurors who deliberated on the case, was required to make an indictment.

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Lockwood v. State, Court of Appeals No. A-7431, No. 4410, COURT OF APPEALS OF ALASKA, June 13, 2001, Decided
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Overview: Trial judge did not err in determining that defendant did not establish that his counsel was ineffective in failing to dispute facts set out in presentence report. Application for post-conviction relief was properly denied.

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McDonald v. State, Court of Appeals No. A-7454, No. 4409, COURT OF APPEALS OF ALASKA, June 13, 2001, Decided
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Overview: Denial of post-conviction relief was affirmed because the murder trial was not barred by double jeopardy, defendant's attorney did not prevent him from testifying, and defendant was unable to prove that his counsel was ineffective.

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Moussouras v. Municipality of Anchorage, Court of Appeals No. A-7612, No. 4408, COURT OF APPEALS OF ALASKA, June 13, 2001, Decided
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Overview: Defendant's DWI conviction was affirmed because it was incumbent on the defendant to request the chief justice to appoint another judge to make an independent review of his motion to recuse the trial judge, and defendant failed to do so.

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State v. Sivertsen, Court of Appeals No. A-7077, No. 4407, COURT OF APPEALS OF ALASKA, June 13, 2001, Decided
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Overview: Police officer's threat to obtain a warrant to enter appellee's home to entice appellee to come out of his home when they had no probable cause for a warrant constituted an illegal investigatory stop of appellee.

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Woods v. State, Court of Appeals No. A-7436, No. 4406, COURT OF APPEALS OF ALASKA, June 13, 2001, Decided
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Overview: On review of his sentence following his plea of no contest to third-degree sexual abuse of a minor, the court affirmed special conditions of probation that were reasonably related to appellant's rehabilitation and the protection of the public.

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