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   State Courts - Alaska - July 11 - July 18, 2001

  
Bradley v. State, Court of Appeals No. A-7501, No. 4416, COURT OF APPEALS OF ALASKA, July 11, 2001, Decided
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Overview: Defendant's requested fourth-degree theft instruction was not a proper lesser-included offense of charged robbery, because the defendant's conduct in the alleged theft was not one of the elements of the charged robbery.

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Angnabooguk v. State, Supreme Court No. S-9439, No. 5431, SUPREME COURT OF ALASKA, July 13, 2001, Decided
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Overview: Alaska's Division of Forestry had a duty of care as a matter of public policy to fight a fire non-negligently, and the State was not immune as a matter of law. The superior court erred in dismissing the landowners' suit.

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David v. State, Court of Appeals No. A-7227, No. 1752, COURT OF APPEALS OF ALASKA, July 13, 2001, Decided
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Overview: Defendant's conviction for sexually abusing his stepdaughter his stepdaughter was reversed, where the prosecutor improperly questioned defendant's expert witness whether the expert's children had ever accused him of sexual abuse.

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Joseph v. State, Supreme Court No. S-8518, No. 5432, SUPREME COURT OF ALASKA, July 13, 2001, Decided
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Overview: Intentional suicide was not a complete defense to a claim that the State negligently failed to prevent a prisoner's reasonably foreseeable suicide. The objectivity of the jury selection process was not shown to be impaired.

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Long v. Holland Am. Line Westours, Supreme Court No. S-8726, No. 5430, SUPREME COURT OF ALASKA, July 13, 2001, Decided
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Overview: Where tourist was injured while on Alaska tour, her tour contract provided clause that Washington law governed contract, and her suit was dismissed as untimely, limitations clause was not enforceable and Alaska law applied.

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State Farm Mut. Auto. Ins. Co. v. Lawrence, Supreme Court No. S-8915, No. 5429, SUPREME COURT OF ALASKA, July 13, 2001, Decided
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Overview: Trial court correctly held that parents' negligent infliction of emotional distress claims qualified for separate policy limits and that parents' underinsured motorist provisions provided coverage for punitive damages against underinsured driver.

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Walden v. DOT, Supreme Court No. S-8575/8576, No. 5428, SUPREME COURT OF ALASKA, July 13, 2001, Decided
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Overview: Where mother sued DOT after her son suffered brain damage as result of accident, alleging DOT was negligent in not posting warning sign at curve and in maintaining highway, it was not error to grant partial motion for summary judgment to DOT.

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Allen v. State, Court of Appeals No. A-7716, No. 4417, COURT OF APPEALS OF ALASKA, July 18, 2001, Decided
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Overview: Dismissal of defendant's motion for post-conviction relief was proper on mootness grounds where the parole board realized its procedural oversight and granted the defendant a hearing on his parole revocation before his motion was heard.

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Chilton v. State, Court of Appeals No. A-7381, No. 4418, COURT OF APPEALS OF ALASKA, July 18, 2001, Decided
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Overview: Trial court properly denied defendant's request that jury be instructed on lesser included offense of attempting to tamper with physical evidence, where defendant did conceal evidence, even though evidence was ultimately found by authorities.

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