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   State Courts - Alaska - September 20, 2000

  
Damon v. City & Borough of Juneau, Court of Appeals No. A-7281, No. 4272, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Pro se defendant junk dealer faced probation revocation for failure to comply with settlement agreement terms by building a fence, not for committing original ordinance violation, so there was no illegal sentence increase.

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Dussault v. State, Court of Appeals No. A-7455, No. 4279, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Prisoner who had experienced two previous unsuccessful conditional releases from institutional confinement after insanity acquittal was properly denied release in absence of showing that he had controlled his cocaine habit.

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Galvan v. State, Court of Appeals No. A-6991, No. 4274, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Denial of appellant's post-conviction petition to withdraw her guilty plea to second-degree murder due to ineffective assistance was affirmed, as she was not prejudiced and any error was harmless.

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Gonzales v. State, Court of Appeals No. A-7421, No. 4273, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Officers' observation of defendant's driving justified pulling him over; subsequent body movements, combined with confidential informant's tip that he was always armed, supported subsequent pat-down.

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Harris v. State, Court of Appeals No. A-7306, No. 4278, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Prisoner in Alaska could not have sought post-conviction relief on due process grounds by raising identical issues to those used to support his direct appeal based on excessive sentence.

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Hiller v. State, Court of Appeals No. A-7342, No. 4276, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Judgment affirmed. Appellant's pleadings did not allege evidence to rebut the presumption that the trial attorney's tactical decisions were competent. Summary disposition of application for post-conviction relief not erroneous.

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Smith v. State, Court of Appeals No. A-6965, No. 4275, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Accomplice was properly convicted of assaults where jury could reasonably have found that he intended the result of his companion's actions; potentially defective jury instruction was cured by defendant's argument.

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Weaver v. State, Court of Appeals No. A-7177, No. 4277, COURT OF APPEALS OF ALASKA, September 20, 2000, Decided
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Overview: Defendant seeking post-conviction relief for ineffective counsel after several unsuccessful direct appeals failed to prove that failure to introduce evidence of post-traumatic stress disorder was deficient performance.

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