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State Courts -
Alaska - August 4 - August 11, 2006
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State v. Herrmann, Court of Appeals No. A-8977, No. 2058,
COURT OF APPEALS OF ALASKA, August 4, 2006, Decided
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Overview: While some provisions of pre-2005 sentencing law did not comply with right to jury trial under Sixth Amendment as interpreted in Blakely, flaws did not affect defendant's sentencing, where the State could use defendant's undisputed prior convictions to prove aggravators, Alaska Stat. ? 12.55.155(c)(8) and (21), without submitting them to a jury.
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Bluel v. State, Court of Appeals No. A-9371, No. 5102,
COURT OF APPEALS OF ALASKA, August 9, 2006, Decided
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Overview: Defendant's convictions for driving without valid license, in violation of Alaska Stat. ? 28.15.011(b), and driving without proof of insurance, in violation of Alaska Stat. ? 28.22.019(a), were upheld where officer had probable cause to stop him for a traffic violation; officer observed sparks and flames coming out of tailpipe on defendant's truck.
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Henry v. State, Court of Appeals No. A-8933, No. 5101,
COURT OF APPEALS OF ALASKA, August 9, 2006, Decided
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Overview: When trooper allegedly discovered defendant was manufacturing homebrew, yet trooper failed to preserve evidence, evidence would have been discoverable pursuant to Alaska R. Crim. P. 16. Trial court did not abuse its discretion, however, because it decided that jury instruction was appropriate sanction rather than dismissal of indictment.
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