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State Courts -
Alaska - September 8 - September 15, 2006
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Rhoda W. v. State, Dep't of Health & Soc. Servs., Supreme Court No. S-12116, No. 1261,
SUPREME COURT OF ALASKA, September 13, 2006, Decided
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Overview: In termination of mother's parental rights, superior court's findings were supported by evidence because, under recent changes to Alaska Stat. § 47.10.086, standard of proof changed and evidence presented was clear and convincing that State had made reasonable efforts to reunite mother and child.
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State v. Dague, Court of Appeals No. A-8914, No. 2062,
COURT OF APPEALS OF ALASKA, September 15, 2006, Decided
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Overview: In a manslaughter case, the double jeopardy clause did not prohibit a second jury trial to address the aggravator under Alaska Stat. § 12.55.155(c)(5) as such a trial was not a second prosecution; further, the aggravating factor was not an element of defendant's crime for purposes of Alaska Const. art. I, § 8, requiring a jury trial under Blakely.
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