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   State Courts - Alaska - August 16 - August 18, 2006

  
Britton v. State, Court of Appeals No. A-8853, No. 5104, COURT OF APPEALS OF ALASKA, August 16, 2006, Decided
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Overview: Although appellant, who sought post-conviction relief, faulted his trial attorney for failing to bring impeachment witnesses to trial, the testimony of appellant's trial attorney supported the superior court's finding that, at the time of trial, appellant's trial attorney believed that appellant's case was strong even without the witnesses.

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Martin v. State, Court of Appeals No. A-9287, No. 5105, COURT OF APPEALS OF ALASKA, August 16, 2006, Decided
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Overview: In a negligent driving case, whether a district court's calendaring order violated defendant's right to speedy trial under Alaska R. Crim. P. 45 was not resolved on appeal, where no objection was ever voiced to the calendaring order until defendant filed his motion to dismiss.

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Stanfill v. State, Court of Appeals No. A-9046, No. 5103, COURT OF APPEALS OF ALASKA, August 16, 2006, Decided
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Overview: In trial for failing to stop at direction of a police officer, driving while license suspended, and reckless driving, trial court did not err in failing to give necessity instruction because in conducting a balancing test pursuant to Alaska Stat. § 11.81.320(a), risks outweighed necessity; therefore, balance fell on side of denying instruction.

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Catholic Bishop of N. Alaska v. John Does 1-6, Supreme Court No. S-11295, No. 6035, SUPREME COURT OF ALASKA, August 18, 2006, Decided
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Overview: Supreme Court of Alaska granted bishop's petition for review to clarify law in case in which individuals claimed that they were subjected to childhood sexual abuse by a Catholic priest in the 1950s, 1960s, and 1970s and held Alaska Stat. § 09.10.065 did not revive civil claims that were time-barred before effective date of statute, October 1, 2001.

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McCurdy v. State, Court of Appeals No. A-08816, COURT OF APPEALS OF ALASKA, August 18, 2006, Decided
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Overview: Where the defendant was convicted of assault, he died while his appeal was pending. The court of appeals granted the motion filed by the public defender's agency for dismissal of the appeal and abatement of the prosecution.

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Valley Hosp. Ass'n v. Brauneis, Supreme Court No. S-11902, No. 6036, SUPREME COURT OF ALASKA, August 18, 2006, Decided
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Overview: Hospital sued patient for unpaid medical bills; a default judgment was entered against patient. Trial court erred in denying hospital's request to enter health care provider lien against patient, pursuant to Alaska Stat. § 34.35.460, because trial court was obligated to accept hospital's averments or order hospital to submit supporting evidence.

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