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   State Courts - Alaska - August 23, 2002

  
Butts v. State, Court of Appeals No. A-7678, No. 1821, COURT OF APPEALS OF ALASKA, August 23, 2002, Decided
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Overview: A court did not err, in defendant's robbery case, by denying his motion to dismiss where defendant grabbed the victim's purse and tugged until she fell down because that conduct constituted bodily impact under the statute.

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Fenner v. Municipality of Anchorage, Supreme Court No. S-10064, No. 5610, SUPREME COURT OF ALASKA, August 23, 2002, Decided
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Overview: An employee's claim for damages was barred by the workers' compensation exclusive remedy provision because his claim that the municipality committed an intentional tort, an exception to the exclusive remedy provision, was not valid.

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Hinsberger v. State, Supreme Court No. S-10130, No. 5609, SUPREME COURT OF ALASKA, August 23, 2002, Decided
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Overview: The patient failed to show, for his claim of negligent infliction of emotional distress, that the State had a preexisting duty to him that it breached. The State had not breached its duty to provide necessary medical services.

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Matanuska Elec. Ass'n v. Chugach Elec. Ass'n, Supreme Court No. S-9839, No. 5611, SUPREME COURT OF ALASKA, August 23, 2002, Decided
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Overview: A ruling of the Regulatory Commission of Alaska compelling an electric utility, to refund payments collected as a result of a miscalculation in the cost of generation and transmission line loss constituted impermissible retroactive ratemaking.

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Prentzel v. Dep't of Public Safety, Supreme Court No. S-9979, No. 5615, SUPREME COURT OF ALASKA, August 23, 2002, Decided
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Overview: The superior court erred in dismissing the citizen's negligence and other claims against the State and individual troopers as the pleadings alone were insufficient for the appellate court to decide the resulting issues.

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State v. Boceski, Court of Appeals No. A-7894, No. 1819, COURT OF APPEALS OF ALASKA, August 23, 2002, Decided
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Overview: The police officer's surreptitious eavesdropping of defendant's drug transaction did not violate defendant's constitutional right to privacy as the officer was lawfully present in the home and defendant ran the risk that someone might overhear.

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State v. Eskridge, Court of Appeals No. A-8228, No. 1820, COURT OF APPEALS OF ALASKA, August 23, 2002, Decided
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Overview: Probationary sentence of less than 90 days in jail for a first time offender who pleaded no contest to selling ecstacy to undercover police officer and who was good candidate for rehabilitation was not too lenient under sentencing guidelines.

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Van Deusen v. Seavey, Supreme Court Nos. S-9978/10057, No. 5613, SUPREME COURT OF ALASKA, August 23, 2002, Decided
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Overview: Collateral estoppel barred property owners' second attempt to enjoin alleged private nuisance caused by tour operators' sled dogs; owners did not demonstrate there was any genuine factual dispute about whether noise the dogs caused had worsened.

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Whah v. Whah, Supreme Court No. S-10171, No. 5612, SUPREME COURT OF ALASKA, August 23, 2002, Decided
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Overview: Because it was unclear why a trial court denied an ex-wife's motion for an order finding that the ex-husband waived his right to a child support credit for certain insurance benefit payments, the matter was remanded.

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