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   State Courts - Alaska - August 13 - August 15, 2003

  
Allison v. State, Court of Appeals No. A-7926, No. 4743, COURT OF APPEALS OF ALASKA, August 13, 2003, Decided
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Overview: In a criminal prosecution for theft, the testimony of defendant's accomplice was independently corroborated to provide sufficient evidence to support defendant's conviction.

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Cook v. State, Court of Appeals No. A-8076, No. 4741, COURT OF APPEALS OF ALASKA, August 13, 2003, Decided
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Overview: Where defendant entered the victim's home and brutally murdered him by slitting his throat and stabbing him in both eyes, the evidence was sufficient to support his conviction for first-degree murder; he was sentenced to 99 years in prison.

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Pickett v. State, Court of Appeals No. A-8276, No. 4744, COURT OF APPEALS OF ALASKA, August 13, 2003, Decided
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Overview: Where the complainant's husband testified during a criminal trial for two counts of sexual assault, evidence that the witness was married to the complainant was relevant to the jury's evaluation of his credibility.

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Walker v. State, Court of Appeals Nos. A-8319 & 8320, No. 4742, COURT OF APPEALS OF ALASKA, August 13, 2003, Decided
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Overview: Where defendant showed a lack of amenability to probation and had a drug problem that remained untreated, imposition of a sentence of 4 years' imprisonment upon revocation of her probation for two theft convictions was not clearly mistaken.

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Willis v. State, Court of Appeals No. A-7587, No. 4745, COURT OF APPEALS OF ALASKA, August 13, 2003, Decided
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Overview: Appellate court affirmed defendant's conviction of second-degree assault for causing serious physical injury to his infant child. Error in the jury instructions had no influence on the jury's decision.

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Fuller v. City of Homer, Supreme Court No. S-10079, No. 5725, SUPREME COURT OF ALASKA, August 15, 2003, Decided
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Overview: Documents used to prepare a city petition for annexation were subject to disclosure under the Alaska Public Records Act. The deliberative process privilege did not apply due to the public's interest in having access to these documents.

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Hart v. State, Court of Appeals No. A-8305, No. 1894, COURT OF APPEALS OF ALASKA, August 15, 2003, Decided
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Overview: Defendant's presentence report, which contained information from defendant's juvenile records, was proper; it was not necessary for the presentence investigator to obtain permission from the superior court to review the juvenile records.

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Ketchikan Gateway Borough v. Ketchikan Indian Corp., Supreme Court No. S-10332, No. 5726, SUPREME COURT OF ALASKA, August 15, 2003, Decided
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Overview: As tax assessed by a borough on the Ketchikan Indian Corporation (KIC) was in return for governmental functions the borough provided to property leased by KIC, the tax was not impermissible, nor was it preempted by federal regulations.

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O'Connell v. Christenson, Supreme Court No. S-10626, No. 5724, SUPREME COURT OF ALASKA, August 15, 2003, Decided
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Overview: The superior court erred in modifying a father's child support obligation by imputing income to him without making findings of his physical ability and qualifications, the employment opportunities available to him, and what he should earn from them.

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Price v. Eastham, Supreme Court No. S-10418, No. 5727, SUPREME COURT OF ALASKA, August 15, 2003, Decided
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Overview: Where landowner only owned the agricultural interest in the land, he could grant an easement, or alternatively could have a prescriptive easement granted against him, that did not interfere with his mandate to use the land for agricultural purposes.

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