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   State Courts - Alaska - August 23 - August 30, 2006

  
Armey v. State, Court of Appeals No. A-8885, No. 5106, COURT OF APPEALS OF ALASKA, August 23, 2006, Decided
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Overview: Applicant for post-conviction relief (PCR) alleged that she received ineffective assistance of counsel from her first PCR attorney. Additional proceedings were needed because it appeared from the record that applicant never advanced an excuse, pursuant to Alaska Stat. § 12.72.020(b)(1), for failing to comply with statute of limitations.

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Linton v. State, Court of Appeals No. A-9213, No. 5108, COURT OF APPEALS OF ALASKA, August 23, 2006, Decided
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Overview: Applicant requested post-conviction relief, which was denied. Trial judge's determination of credibility of witnesses was supported by record, and findings were not clearly erroneous because applicant's trial attorney testified in an evidentiary hearing that he had not coerced applicant to waive right to testify.

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Reed v. State, Court of Appeals No. A-8920, No. 5110, COURT OF APPEALS OF ALASKA, August 23, 2006, Decided
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Overview: State presented sufficient evidence to grand jury to support indictment because it showed that defendant restrained his ex-girlfriend more than was incidental to third-degree assault; assault was complete when defendant burst through bedroom door waving revolver; half an hour lapsed before ex-girlfriend was able to jump through an open window.

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Steward v. State, Court of Appeals No. A-9409, No. 5109, COURT OF APPEALS OF ALASKA, August 23, 2006, Decided
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Overview: Although defendant argued that under former Alaska Stat. § 12.55.125(e)(2) sentencing judge could not sentence him to unsuspended imprisonment that exceeded two-year presumptive term for second felony offender convicted of class C felony without finding that his case was exceptionally aggravated, the sentence imposed did not violate the statute.

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Williams v. State, Court of Appeals No. A-8999, No. 5107, COURT OF APPEALS OF ALASKA, August 23, 2006, Decided
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Overview: When defendant insisted on proceeding to trial on kidnapping and assault in the first degree charges, yet counsel did not feel ready, trial court did not commit plain error in proceeding to trial because trial judge and counsel both agreed it was defendant's right to proceed, and on record before appellate court, no error was committed.

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Cleveland v. State, Court of Appeals No. A-9054, No. 2060, COURT OF APPEALS OF ALASKA, August 25, 2006, Decided
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Overview: In review of defendant's sentence following his conviction for sexual assault, defendant's Sixth Amendment right to be tried by jury at sentencing was not violated because, pursuant to Alaska Stat. § 12.55.155(c), trial court found seven aggravators, any five of which could have been used to exceed presumptive term.

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Krize v. Krize, Supreme Court Nos. S-11842/S-11862, No. 6037, SUPREME COURT OF ALASKA, August 25, 2006, Decided
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Overview: In distribution of property pursuant to a divorce, trial court erred in applying transmutation principle to husband's property, which was considered separate under Alaska Stat. § 25.24.160, because evidence was insufficient to conclude that future income from husband's separate property was intended to be marital.

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Pipkin v. State, Court of Appeals No. A-8932, No. 5111, COURT OF APPEALS OF ALASKA, August 30, 2006, Decided
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