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   State Courts - Alaska - August 8 - August 15, 2001

  
Carey v. State, Court of Appeals No. A-7870, No. 4430, COURT OF APPEALS OF ALASKA, August 8, 2001, Decided
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Overview: Where defendant's sentence was less than the sentencing cap agreed to in plea agreement, the sentencing court did not abuse its discretion in imposing consecutive sentences on the defendant.

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Ginley v. State, Court of Appeals No. A-7367, No. 4431, COURT OF APPEALS OF ALASKA, August 8, 2001, Decided
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Overview: Denial of motion for a new trial based on ineffective assistance of counsel was proper where defendant failed to produce a required affidavit from his trial counsel responding to the ineffective assistance allegations.

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D.D. v. L.A.H., Supreme Court No. S-9894, No. 5447, SUPREME COURT OF ALASKA, August 10, 2001, Decided
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Overview: Grant of motion for primary custody during school year was reversed where record did not support failure to grant visitation. Evidentiary hearing and findings were required in opposed custody modification proceeding.

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Enders v. Parker, Supreme Court No. S-9341/9391, No. 5446, SUPREME COURT OF ALASKA, August 10, 2001, Decided
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Overview: Stepdaughter failed to satisfy good faith requirement of probate statute, and therefore was not entitled to costs and attorney's fees that arose out of her unsuccessful prosecution of will contest.

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Gamble v. Northstore P'ship, Supreme Court No. S-09004, No. 5447, SUPREME COURT OF ALASKA, August 10, 2001, Decided
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Gamble v. Northstore P'ship, Supreme Court No. S-9004, No. 5445, SUPREME COURT OF ALASKA, August 10, 2001, Decided
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Overview: Trial court did not err in awarding attorney's fees to prevailing party in an action to reform an easement where the court determined that the contract provisions called for fees, and the fees were reasonable.

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Waldroup v. Lindman, Supreme Court No. S-9409, No. 5448, SUPREME COURT OF ALASKA, August 10, 2001, Decided
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Overview: Where chiropractor sued patient's insurer for interference with contractual relations after insurer refused to pay for patient's treatment, insurer had direct financial interest in contractual relationship between insured and chiropractor.

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Burns v. Municipality of Anchorage, Supreme Court No. S-09394, SUPREME COURT OF ALASKA, August 14, 2001, Decided
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Allen v. State, Court of Appeals No. A-7791, No. 4432, COURT OF APPEALS OF ALASKA, August 15, 2001, Decided
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Overview: Trial court acted properly in dismissing pro se petition for post-conviction relief where petition failed to meet statutory filing deadline. Where claims in petition were known at sentencing, defendant showed no justification to relax deadline.

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