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   State Courts - Alaska - August 1 - August 8, 2003

  
Grinols v. State, Supreme Court No. S-9939/9940, No. 5718, SUPREME COURT OF ALASKA, August 1, 2003 , Decided
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Overview: As an indigent defendant had a constitutional and statutory right to effective counsel in a first application for post-conviction relief, he had a right to challenge the effectiveness of counsel in his second petition for post-conviction relief.

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McElroy v. Kennedy, Supreme Court No. S-10380, No. 5719, SUPREME COURT OF ALASKA, August 1, 2003, Decided
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Overview: Res judicata barred a father from bringing a second action to litigate his claim for child support restitution.

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Sherry R. v. Dep't of Health & Soc. Servs., Supreme Court No. S-10831, No. 5721, SUPREME COURT OF ALASKA, August 1, 2003, Decided
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Overview: Superior court did not err in finding that the mother failed to remedy within a reasonable period of time conduct or conditions that placed her four children at substantial risk of harm, such that termination of her parental rights was proper.

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State v. Dupier, Court of Appeals Nos. A-8270/8271, COURT OF APPEALS OF ALASKA, August 1, 2003, Decided
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State v. Dupier, Court of Appeals Nos. A-8270/8271, No. 1892, COURT OF APPEALS OF ALASKA, August 1, 2003, Decided
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Overview: Alaska Commercial Fisheries Entry Commission had no authority to require fishers operating exclusively in federal waters to obtain interim-use permits; fishers could not be penalized by failing to get permits, where commission had not issued them.

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Teseniar v. Teseniar, Supreme Court No. S-10632/10685/10686, No. 5720, SUPREME COURT OF ALASKA, August 1, 2003, Decided
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Overview: Trial court abused its discretion by increasing a husband's child support obligation without considering his obligation for children from a prior marriage and by retroactively applying the increase to a date before the motion to modify was filed.

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Vukmir v. Vukmir, Supreme Court No. S-10594, No. 5722, SUPREME COURT OF ALASKA, August 1, 2003, Decided
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Overview: Testator's will demonstrated his intent to provide all of his heirs with a bequest of the full exercise price of one of the heir's option to purchase his residence, rather than a bequest of the exercise price minus the outstanding mortgage debt.

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Turner v. State, Court of Appeals No. A-7701, No. 4740, COURT OF APPEALS OF ALASKA, August 6, 2003, Decided
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Overview: Trial judge did not err in refusing to order a new competency evaluation after defendant suffered a seizure near end of trial where evidence was that defendant could experience mild seizures without having them affect his competency to stand trial.

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James v. State, Court of Appeals No. A-8109, No. 1893, COURT OF APPEALS OF ALASKA, August 8, 2003, Decided
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Overview: Defendant had a Fifth Amendment right not to admit guilt during mandated sex offender treatment for offenses of which he had been convicted because such admissions could have been used against him if he obtained post-conviction relief.

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Witt v. State, Supreme Court No. S-10564, No. 5723, SUPREME COURT OF ALASKA, August 8, 2003, Decided
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Overview: State was entitled to summary judgment on an employee's claims, as there were no genuine disputes whether his employment was at-will, the State breached the covenant of good faith and fair dealing, or engaged in impermissible contracting.

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