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   State Courts - Alaska - August 20 - August 22, 2003

  
Fuzzard v. State, Court of Appeals No. A-8023, No. 4746, COURT OF APPEALS OF ALASKA, August 20, 2003, Decided
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Overview: Although trial court erred in allowing a witness testify about defendant's reputation for violence, the error was harmless as defendant did not object, and defendant was not prejudiced by the testimony.

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Nguyen v. State, Court of Appeals No. A-8204, No. 4747, COURT OF APPEALS OF ALASKA, August 20, 2003, Decided
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Overview: On an appeal from a motion to suppress, the record was insufficient as to whether the premises were a business; if so, defendant had a diminished expectation of privacy and the officers were permitted to enter without obtaining express permission.

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Bingaman v. State, Court of Appeals No. A-8209, No. 1895, COURT OF APPEALS OF ALASKA, August 22, 2003, Decided
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Overview: In a criminal prosecution for assault and sexual assault, the trial judge abused his discretion by allowing the State to present evidence of 60 prior instances of defendant's misconduct that had little or nothing to do with the offenses charged.

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Hawken Northwest, Inc. v. State, Supreme Court No. S-10455, No. 5730, SUPREME COURT OF ALASKA, August 22, 2003, Decided
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Overview: As contractor failed to prove economic duress and establish coercive misconduct or a causal connection, releases it and Alaska Department of Administration signed were valid; thus, contractor was not entitled to further breach of contract damages.

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In re Life Ins. Co., Supreme Court No. S-10503, No. 5729, SUPREME COURT OF ALASKA, August 22, 2003, Decided
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Overview: Trial court did not deprive creditor of procedural due process, where claim was rejected based on evidence presented at evidentiary hearing. Creditor's claim was not automatically allowed due to passing of time from filing of receiver's report.

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Koyukuk River Basin Moose Co-Management v. Bd. of Game, Supreme Court No. S-10513, No. 5728, SUPREME COURT OF ALASKA, August 22, 2003, Decided
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Overview: State of Alaska was entitled to summary judgment, as the Board of Game acted within its discretion to determine game management populations and not to manage moose in a controlled use area as a distinct game population.

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Spinell Homes, Inc. v. Municipality of Anchorage, Supreme Court No. S-10546, No. 5731, SUPREME COURT OF ALASKA, August 22, 2003, Decided
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Overview: Municipality had the authority to enforce plat notes and plot notes against homebuilding company and it did not have to issue building permits or certificates of occupancy to company as long as the requirements listed on the notes were unfulfilled.

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