Alaska, October, 2008, State Case law

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State Courts - Alaska - October 24 - November 28, 2008

Barrington v. Alaska Communs. Sys. Group, Inc., Supreme Court No. S-12609, No. 6321, SUPREME COURT OF ALASKA, October 24, 2008, Decided
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Overview: Alaska Workers' Compensation Board should have joined employee's physician as party to her claim before it approved settlement, Alaska Stat. ? 23.30.030(4); by not giving physician notice of the settlement and opportunity to present a claim, the board denied him the opportunity to show that the medical care he provided was reasonable and necessary.

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Pastos v. State, Supreme Court No. S-12745, No. 6319, SUPREME COURT OF ALASKA, October 24, 2008, Decided
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Overview: Petitioner's act of negotiating a check the victim wrote him three years earlier did not constitute "contact" in violation of condition of release because while the bank's processing of the check had an effect on the victim, petitioner's act, occurring via a standardized and impersonal banking transaction, carried little communicative value.

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Robertson v. Riplett, Supreme Court No. S-12800, No. 6320, SUPREME COURT OF ALASKA, October 24, 2008, Decided
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Overview: Father sought to modify Ohio court's orders with respect to visitation of his children. Superior court lacked jurisdiction to modify the orders under Alaska Stat. ? 25.30.320 because the Ohio court had not relinquished exclusive jurisdiction and because the father still resided in Ohio.

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Beegan v. State, Supreme Court No. S-12615, No. 6322, SUPREME COURT OF ALASKA, October 31, 2008, Decided
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Overview: Employee's claim for back pay was not barred because he did not have the opportunity to assert the claim before the Human Rights Commission; the employee did not control his claim for back pay, he did not have a full and fair opportunity to litigate it, and therefore, res judicata did not preclude him from pursuing the claim in superior court.

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Harris v. State, Court of Appeals No. A-9548, No. 2190, COURT OF APPEALS OF ALASKA, October 31, 2008, Decided
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Overview: In a criminal trial, the judge properly restricted expert testimony as a discovery sanction under Alaska R. Crim. P. 16(c)(4), and was not required to impose a continuance instead, because, in addition to finding bad faith, the judge found that lesser sanctions would not cure the prejudice to the State and would not ensure future compliance.

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State v. Batts, Court of Appeals No. A-9682, No. 2189, COURT OF APPEALS OF ALASKA, October 31, 2008, Decided
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Overview: Alaska R. Evid. 412 was unconstitutional under the Alaska Constitution to the extent that it permitted impeachment in cases where the violation of Miranda was either intentional or egregious - meaning a violation that would have been obvious to any reasonable police officer.

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Lewis v. State, Court of Appeals No. A-9867, No. 2191, COURT OF APPEALS OF ALASKA, November 7, 2008, Decided
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Overview: Defendant waived Fifth Amendment privilege to object to psychiatric evaluations under Alaska Stat. ? 12.47.070 by putting mental health at issue by asserting behavior was attributable to ingestion of drug and arguing at trial that because of underlying mental diseases he lacked culpable mental states for third-degree assault.

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Bradley v. State, Court of Appeals No. A-9877, No. 2195, COURT OF APPEALS OF ALASKA, November 28, 2008, Decided
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Hinson v. State, Court of Appeals No. A-9725, No. 2196, COURT OF APPEALS OF ALASKA, November 28, 2008, Decided
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Schwab v. State, Court of Appeals No. A-9958, No. 2197, COURT OF APPEALS OF ALASKA, November 28, 2008, Decided
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