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   State Courts - Alaska - August 4, 2004

  
Cano v. Municipality of Anchorage, Court of Appeals No. A-8441, No. 4903, COURT OF APPEALS OF ALASKA, August 4, 2004, Decided
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Overview: Judge's failure to instruct on self defense in an assault case was harmless because a special verdict showed that the jury found that defendant had assaulted the victim by kicking him without justification, as opposed to merely trying to get away.

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Copeland v. State, Court of Appeals No. A-8538, No. 4901, COURT OF APPEALS OF ALASKA, August 4, 2004, Decided
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Overview: Defendant's failure to object at trial on the grounds advanced on appeal resulted in his arguments being reviewed for plain error and none was found, and the trial court's pre-trial ruling admitting evidence did not constitute plain error.

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Davis v. State, Court of Appeals No. A-8308, No. 4899, COURT OF APPEALS OF ALASKA, August 4, 2004, Decided
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Overview: Court did not commit plain error when it ruled defendant could not present officer's telephonic testimony over State's objection. Defendant made no showing of indigency and court also properly denied motion to have State pay officer's travel costs.

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Goins v. State, Court of Appeals No. A-8636, No. 4904, COURT OF APPEALS OF ALASKA, August 4, 2004, Decided
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Overview: When a defendant collaterally attacked a prior conviction in a sentencing proceeding, he had the burden to offer evidence that the prior conviction was constitutionally infirm, and defendant presented no such evidence.

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Greer v. State, Court of Appeals No. A-8737, No. 4905, COURT OF APPEALS OF ALASKA, August 4, 2004, Decided
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Overview: Rape/sexual assault sentence more than agreed to in plea agreement was proper; undisputed evidence supported trial court's finding of at least one aggravator, that defendant committed crime while on felony supervision (and also similar crimes).

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McDougall v. Lumpkin, Supreme Court No. S-10965, No. 1179, SUPREME COURT OF ALASKA, August 4, 2004, Decided
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Overview: Based on a wife's improved condition after a revised property division was entered on remand, the wife's educational background, and her work experience, a superior court did not err by finding that two years of rehabilitative alimony was adequate.

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Morris v. State, Court of Appeals No. A-8458, No. 4900, COURT OF APPEALS OF ALASKA, August 4, 2004, Decided
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Overview: The trial court did not err by denying defendant's motions to suppress where police officers properly obtained voluntary consent to enter or search his house, and incriminating statements were not obtained in violation of his Miranda rights.

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Skan v. State, Court of Appeals No. A-8393, No. 4902, COURT OF APPEALS OF ALASKA, August 4, 2004, Decided
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Overview: Where an inmate's appellate brief was inadequate, he refused appointed counsel, and he presented no evidence to rebut presumption of counsel's competency, the dismissal of his application for post-conviction relief was proper.

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