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

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State Courts - Alaska - July 9 - July 18, 2003

Jerry C. v. State, Supreme Court No. S-10667, No. 1137, SUPREME COURT OF ALASKA, July 9, 2003, Decided
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Overview: The evidence, as to the father's alcoholism and the children's special needs, was sufficient to support the finding, pursuant to the ICWA, that returning the children to the father's custody would likely cause them serious emotional harm.

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Otten v. State, Court of Appeals No. A-8201, No. 4733, COURT OF APPEALS OF ALASKA, July 9, 2003, Decided
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Overview: The evidence was sufficient to support a coercion conviction, where the State presented evidence that defendant repeatedly beat his girlfriend over a two-day period, he had beaten her in the past, and he accompanied her when she neared the exit.

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Baker v. State, Court of Appeals No. A-8435, No. 4734, COURT OF APPEALS OF ALASKA, July 16, 2003, Decided
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Overview: The record did not support defendant's probation condition that he take any medications prescribed by a physician because involuntary administration of psychotropic medication by the government infringed on a significant liberty interest.

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Williams v. State, Court of Appeals No. A-8283, No. 4735, COURT OF APPEALS OF ALASKA, July 16, 2003, Decided
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Overview: Where documents regarding cost of repair to holding cell damage caused by defendant were prepared in the ordinary course of business and the records custodian testified at trial, the documents were admissible as business records.

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Ault v. State, Court of Appeals No. A-8371, Court of Appeals No. A-8409, No. 1888, COURT OF APPEALS OF ALASKA, July 18, 2003, Decided
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Overview: Alaska's sentencing statute allowed the court to consider all prior DUI offenses when imposing sentences upon defendants convicted of DUI, even those that occurred more than 10 years prior to defendants' current offenses.

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Brandon v. Dep't of Corrections, Supreme Court No. S-10056, No. 5711, SUPREME COURT OF ALASKA, July 18, 2003, Decided
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Overview: Because defendant inmate did not explain why his possession of tobacco infraction required adjudication by committee instead of a single disciplinary hearing officer, he did not show a violation of his constitutional right to an impartial factfinder.

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Crawford & Co. v. Baker-Withrow, Supreme Court No. S-10540, No. 5710, SUPREME COURT OF ALASKA, July 18, 2003, Decided
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Overview: The employer was responsible for all treatments related to the claimant's work-related injury rendered after a treatment plan was submitted, plus any treatments rendered not more than 14 days before submission of the treatment plan.

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Smith v. Weekley, Supreme Court No. S-10600, No. 5709, SUPREME COURT OF ALASKA, July 18, 2003, Decided
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Overview: In an action for child custody, the superior court erred in awarding custody to the father by considering one statutory best interest factor to the exclusion of all others.

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State v. Anderson, Court of Appeals No. A-8257, No. 1889, COURT OF APPEALS OF ALASKA, July 18, 2003, Decided
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Overview: A Glass warrant issued pursuant to an informant's testimony that defendant confessed his involvement in a robbery and homicide was valid. The informant led police to the murder weapon.

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Yates v. Halford, Supreme Court No. S-10438, No. 5712, SUPREME COURT OF ALASKA, July 18, 2003, Decided
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Overview: In a former buyer's action to set aside a strict foreclosure, the former buyer need not have been able to perform financially on the real estate contract at all times during the litigation in order to avoid the seller's motion for summary judgment.

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