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   State Courts - Alaska - August 14 - August 19, 2002

  
Emery v. State, Court of Appeals No. A-7799, No. 4608, COURT OF APPEALS OF ALASKA, August 14, 2002, Decided
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Overview: Because expert on child abuse assisted jury in understanding evidence by explaining potential reasons why child did not report abuse for two years after last event, and because expert had sufficient training, she was properly qualified to testify.

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Holloway v. State, Court of Appeals No. A-7815, No. 4605, COURT OF APPEALS OF ALASKA, August 14, 2002, Decided
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Overview: Where defendant's conduct approximated the more serious offense of murder rather than manslaughter, trial court did not err in finding "most serious" aggravating factor and sentencing defendant according to that finding.

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Luck v. State, Court of Appeals No. A-7593, No. 4607, COURT OF APPEALS OF ALASKA, August 14, 2002, Decided
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Overview: Defendant's conviction for assault on two police officers was affirmed where he was adequately informed of the consequences of his decision to represent himself and the evidence was sufficient to support the verdicts.

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McGee v. State, Court of Appeals No. A-7808, No. 4604, COURT OF APPEALS OF ALASKA, August 14, 2002, Decided
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Overview: Where the superior court revoked defendant's probation on a ground not alleged in the State's petition to revoke, defendant's due process rights were violated, and the superior court's revocation order was vacated.

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Windham v. State, Court of Appeals No. A-7945, No. 4606, COURT OF APPEALS OF ALASKA, August 14, 2002, Decided
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Overview: Defendant was not entitled to a mistrial where a police sergeant testified that, on one occasion, defendant had refused to talk to him where a curative instruction was given and defendant had not consistently exercised his right to remain silent.

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Osmar v. Mahan, Supreme Court No. S-10299, No. 5608, SUPREME COURT OF ALASKA, August 16, 2002, Decided
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Overview: Children's insurance benefits for daughter of prior marriage were substitute for child support; thus, benefits were not income to mother and should have been excluded from mother's income in calculating child support for child of later marriage.

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State v. Prince, Court of Appeals No. A-7681, No. 1817, COURT OF APPEALS OF ALASKA, August 16, 2002, Decided
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Overview: Criminal indictment was reinstated because even though the criminal acts occurred on a state-owned river within the city, defendant was subject to state statutes that forbade violation of city restrictions on importation and possession of alcohol.

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State v. Simpson, Court of Appeals No. A-8028, No. 1818, COURT OF APPEALS OF ALASKA, August 16, 2002, Decided
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Overview: Because Montana's driving under the influence statute was similar to Alaska's driving while intoxicated (DWI) statute, defendant's prior convictions under Montana law were properly used as predicate convictions to support a felony DWI charge.

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Williams v. Abood, Supreme Court No. S-9806/9836, No. 5607, SUPREME COURT OF ALASKA, August 16, 2002, Decided
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Overview: Workers' compensation board was entitled to reject the late-filed affidavits of employee's attorney in request for fees, and where properly filed affidavit was incomprehensible, board did not err in awarding statutory minimum in fees.

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Moeller-Prokosch v. Prokosch, Supreme Court No. S-10486, No. 5614, SUPREME COURT OF ALASKA, August 19, 2002, Decided
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Overview: In child custody action, it was impermissible to count mother's move to Florida as a negative best-interests factor if her reasons for moving were legitimate and not primarily motivated by a desire to make visitation for father more difficult.

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