Alaska, September, 2005, State Case law

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State Courts - Alaska - September 2 - September 8, 2005

Abood v. Abood, Supreme Court Nos. S-11154/S-11173, No. 5937, SUPREME COURT OF ALASKA, September 2, 2005, Decided
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Overview: Personal nature of wife's personal injury settlement funds deposited with some marital funds supported conclusion that wife did not intend to donate her personal property to marriage in that the funds were invested to provide for her future medical needs.

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Dell v. State, Court of Appeals No. A-08389, COURT OF APPEALS OF ALASKA, September 2, 2005, Decided
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Overview: Appellate court denied the State's petition to reconsider its previous decision affirming a superior court ruling that a search of defendant's Quonset hut without a warrant was illegal. Appellate court assured the State that it understood that the State disagreed with the superior court's ruling on the issue of apparent authority.

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Greist v. State, Court of Appeals No. A-8859, No. 2007, COURT OF APPEALS OF ALASKA, September 2, 2005, Decided
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Overview: Sentencing of defendant was legal under Blakely because court was authorized to rely on adjudication of defendant as a delinquent juvenile for conduct which would have been a felony if committed by an adult, an aggravating factor under Alaska Stat. ? 12.55.155(c)(19) which fell within Blakely's exception for prior convictions.

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Hansen v. Hansen, Supreme Court No. S-11053, No. 5939, SUPREME COURT OF ALASKA, September 2, 2005, Decided
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Overview: Court erred by classifying husband's IRA as marital property, under Alaska Stat. ? 25.24.160, where there was no evidence that all of the funds deposited in IRA were marital, there was no evidence of transmutation, and although $3,500 of marital property was used to fund the IRA, it was an abuse of discretion to treat the entire account as marital.

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Moore v. State, Court of Appeals Nos. A-8696/A-8697, No. 2006, COURT OF APPEALS OF ALASKA, September 2, 2005, Decided
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Overview: Trial court erred in denying defendant's motion to suppress evidence because initial search, which led to discovery of methamphetamine, was unlawful, thereby tainting defendant's consent to search and the fruits of any subsequent searches.

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Snyder v. Am. Legion Spenard Post No. 28, Supreme Court Nos. S-10860/S-11220, No. 5940, SUPREME COURT OF ALASKA, September 2, 2005, Decided
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Overview: In organization's suit against its former finance officer alleging that officer had written unauthorized checks to himself, trial court did not err in entering summary judgment against finance officer when he failed to appear for trial because trial court obviously believed that finance officer forfeited right to defend himself.

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State v. Wallace, Supreme Court No. S-11552, No. 5938, SUPREME COURT OF ALASKA, September 2, 2005, Decided
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Overview: Agency sought to increase father's child support payments retroactively. Alaska R. Civ. P. 90.3(h)(2) did not prevent the superior court from awarding back child support because original order expired when father was released from prison; treatment of original order as providing for termination did not violate ban against retroactive modifications.

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Dayton v. State, Court of Appeals No. A-08791, COURT OF APPEALS OF ALASKA, September 8, 2005, Decided
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Overview: Petitioner's request for a rehearing on appeal was denied because petitioner's argument that his Sixth Amendment right to an impartial jury at sentencing was moot; as a matter of law, under Alaska Stat. ? 12.55.155, superior court could impose petitioner's sentence even in absence of aggravating factors.

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