Alaska, August, 2004, State Case law

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State Courts - Alaska - August 18 - August 20, 2004

Logan v. State, Court of Appeals No. A-8447, No. 4910, COURT OF APPEALS OF ALASKA, August 18, 2004, Decided
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Overview: Statements made by defendant after a murder were not excited utterances because there was time to reflect on conduct; self-defense instruction not given because no reasonable belief that deadly force was necessary to avoid death or serious injury.

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Merculief v. State, Court of Appeals No. A-8522, No. 4915, COURT OF APPEALS OF ALASKA, August 18, 2004, Decided
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Overview: Evidence was sufficient to sustain defendant's conviction for vehicle theft where she took the victim's car at one a.m., and the victim declared that she did not know defendant and had never given her permission to use the car.

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Raymond v. State, Court of Appeals No. A-8602, No. 4913, COURT OF APPEALS OF ALASKA, August 18, 2004, Decided
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Overview: The denial of defendant's request for credit against his driving under the influence charge was improper, where his later charges were sufficiently connected to his former charges, thus warranting a credit.

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Schug v. State, Court of Appeals No. A-8372, No. 4914, COURT OF APPEALS OF ALASKA, August 18, 2004, Decided
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Overview: On an appeal in a drunk driving case, judgment was affirmed; trial court did not err in failing to disqualify defendant's trial counsel because of counsel's prior representation of a witness, or in allowing defendant to waive the potential conflict.

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Welton v. State, Court of Appeals No. A-8474, No. 4911, COURT OF APPEALS OF ALASKA, August 18, 2004, Decided
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Overview: Where defendant purchased insurance polices on her sons, removed or disabled smoke detectors and window handles, and purchased accelerant and sleeping pills, there was sufficient evidence to support murder, attempted murder, and arson convictions.

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West v. State, Court of Appeals No. A-8488, No. 4912, COURT OF APPEALS OF ALASKA, August 18, 2004, Decided
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Overview: On defendant's appeal of denial of motion to suppress, judgment was affirmed; decision to seek warrant and probable cause for warrant were independent of anything trooper learned in entering and securing defendant's residence.

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Ritter v. State, Court of Appeals No. A-8386, No. 1946, COURT OF APPEALS OF ALASKA, August 20, 2004, Decided
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Overview: Conviction for sexual contact under guise of health care was reversed where one client never thought the touching was legitimate message therapy, aggravating factor found based on conduct for which defendant was being separately sentenced was error.

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Robbins v. State, Court of Appeals No. A-8724, No. 1947, COURT OF APPEALS OF ALASKA, August 20, 2004, Decided
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Overview: Because the legislature empowered a sentencing judge to impose a condition of probation that required a defendant to support his dependents, the appellate court affirmed defendant's sentence.

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State v. Trust the People Initiative Comm., Supreme Court No. S-11288, SUPREME COURT OF ALASKA, August 20, 2004, Decided
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Overview: The decision of the trial court, deferring review of an initiative to determine the selection of United States senators until it was approved by the voters and directing the lieutenant governor to certify the initiative, was appropriate.

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