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   State Courts - Alaska - July 28 - August 2, 2006

  
Collier v. Municipality of Anchorage, Court of Appeals No. A-09404, COURT OF APPEALS OF ALASKA, July 28, 2006, Decided
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Lewis v. Dep't of Corr., Supreme Court No. S-11892, No. 6030, SUPREME COURT OF ALASKA, July 28, 2006, Decided
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Overview: Alaska Department of Corrections did not violate a prisoner's procedural due process rights by denying her request to be examined by a physician of her choice because she did not point to any plausible indications that she had a medical condition that, if confirmed by a physician, might entitle her to clemency.

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Morgan v. State, Court of Appeals No. A-8639, No. 2056, COURT OF APPEALS OF ALASKA, July 28, 2006, Decided
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Overview: Although Alaska R. Crim. P. 25(b) permitted the substitution of a judge in a bench trial, due process required a new trial in a sexual assault case because new impeachment evidence was very important in assessing the credibility of a victim. The victim had previously accused someone else of raping her under similar circumstances.

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Stevens v. Borough, Court of Appeals Nos. A-09134/9391 Consolidated Cases, COURT OF APPEALS OF ALASKA, July 28, 2006, Decided
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Overview: Even if the appellate court were to accept appellant's claim that Alaska Stat. ? 29.35.210 did not give a borough authority to enact a noise ordinance, the appellate court could not, in the absence of adversarial briefing, fairly resolve the question of whether the borough had any statutory authority to issue the ordinance.

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Vazquez v. Campbell, Supreme Court No. S-11316, No. 6031, SUPREME COURT OF ALASKA, July 28, 2006, Decided
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Overview: In child custody dispute in which couple was unsuccessful in challenge to mother's child custody order after mother revoked her consent to adopt, trial court did not err in awarding full fees and costs because Alaska Stat. ? 25.30.500(a) was intended to require award of actual fees; mother complied with Alaska R. Civ. P. 79 in seeking costs' award.

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Williams v. State, Court of Appeals No. A-9109, No. 2057, COURT OF APPEALS OF ALASKA, July 28, 2006, Decided
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Overview: When police officer stopped car in which defendant was riding, police had reasonable suspicion because informant had given them specific details about car, which police corroborated. Police smelled marijuana that gave them probable cause, which led to discovery of cocaine. Trial court properly denied defendant's motion to suppress evidence.

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Erickson v. State, Court of Appeals No. A-08942, COURT OF APPEALS OF ALASKA, July 31, 2006, Decided
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Brown v. State, Court of Appeals Nos. A-8586 & A-9108, No. 5098, COURT OF APPEALS OF ALASKA, August 2, 2006, Decided
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Overview: Defense counsel was not incompetent for failing to pursue a Fourth Amendment challenge to the admissibility of defendant's statements to the officers at the scene of his arrest because the trial court upheld the search warrant and the seizure of the cash from defendant's possessions at the jail.

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C.C. v. State, Court of Appeals No. A-9305, No. 5099, COURT OF APPEALS OF ALASKA, August 2, 2006, Decided
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Overview: Appellant, a juvenile, challenged his adjudication as delinquent minor; however, the superior court's determination was supported by the evidence because appellant's accomplice's testimony was corroborated by a non-accomplice witness, as required by Alaska Stat. ? 12.45.020.

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Guidroz v. State, Court of Appeals No. A-8769, No. 5097, COURT OF APPEALS OF ALASKA, August 2, 2006, Decided
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Overview: Defendant was convicted of felony assault on her infant. Appellate court concluded that there were errors in grand jury proceeding, but errors were harmless because detective's opinion testimony was merely cumulative, but not prejudicial under Alaska R. Evid. 403. Prosecutor did not mislead jurors as to unavailable expert witness's testimony.

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