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   State Courts - Alaska - July 25 - July 31, 2003

  
Alaska State Emples. Association/AFSCME Local 52 v. State, Supreme Court No. S-10226, No. 5713, SUPREME COURT OF ALASKA, July 25, 2003, Decided
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Overview: Arbitrator committed gross error in finding that there was no just cause to terminate an administrative clerk from Child Support Enforcement Division where the clerk was convicted for theft of public funds and had access to confidential information.

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Alaska Wildlife Alliance v. State, Supreme Court No. S-10520, No. 571, SUPREME COURT OF ALASKA, July 25, 2003, Decided
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Overview: Res judicata barred second action by public interest groups challenging composition of Board of Game. Although trial court did not issue findings, reviewing court could determine reasons; political question concerned justiciability, not jurisdiction.

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Cruz-Reyes v. State, Court of Appeals No. A-8207, No. 1891, COURT OF APPEALS OF ALASKA, July 25, 2003, Decided
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Overview: Defendant was properly convicted of theft of services, even though the State did not prove he actually used them, because he "secured performance" of a premium cable television service by installing a decoder and not paying the monthly fee.

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Froines v. Valdez Fisheries Dev. Ass'n, Supreme Court No. S-10340, No. 5714, SUPREME COURT OF ALASKA, July 25, 2003, Decided
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Overview: Summary judgment was improperly granted in favor of the fishing association, where the superior court overlooked extrinsic evidence raising triable issues of fact as to the scope and meaning of the annual charter agreement.

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Kiokun v. State, Supreme Court No. S-9044, No. 5717, Supreme Court Nos. S-9558/9563, SUPREME COURT OF ALASKA, July 25, 2003, Decided
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Overview: Discretionary function immunity barred a family's wrongful death action against the State of Alaska and the State Department of Public Safety for the failure to conduct a speedy search of relatives who froze to death after their car broke down.

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Therchik v. Grant Aviation, Inc., Supreme Court No. S-10437, No. 5715, SUPREME COURT OF ALASKA, July 25, 2003, Decided
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Overview: In an airplane crash case, a liability insurer's endorsement that purported to limit coverage of attorney fee awards was ineffective, as it had not been preapproved by the Alaska Division of Insurance and deviated from the model form.

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Vaska v. State, Court of Appeals No. A-8232, No. 1890, COURT OF APPEALS OF ALASKA, July 25, 2003, Decided
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Overview: In a criminal prosecution for sexual abuse of a minor, the court was permitted to hear evidence of the child-victim's hearsay statements of the abuse without violating defendant's right of confrontation.

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Dick v. Thompson, Supreme Court No. S-10710, No. 1138, SUPREME COURT OF ALASKA, July 30, 2003, Decided
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Overview: The trial court erred by requiring the custodial parent to forego relocation, where it failed to analyze whether custody with that parent remained in the child's best interests and the relocation was not for an illegitimate reason.

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State v. Simpson, Court of Appeals No. A-08367, COURT OF APPEALS OF ALASKA, July 31, 2003, Decided
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