Alaska, September, 2003, State Case law

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State Courts - Alaska - September 5 - September 10, 2003

Genaro v. Municipality of Anchorage, Supreme Court No. S-10681, No. 5734, SUPREME COURT OF ALASKA, September 5, 2003, Decided
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Overview: Summary judgment was reversed where trial court abused its discretion by not informing a pro se litigant of her right to move to withdraw her deemed admissions; it was apparent that defective pleading was an attempt to contest her admissions.

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Riddell v. Edwards, Supreme Court No. S-10025, No. 5733, SUPREME COURT OF ALASKA, September 5, 2003, Decided
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Overview: In a probate case involving decedent wife's estate, the superior court erred by finding that the husband's unconscionable conduct warranted establishing a constructive trust to give the estate the husband's statutory benefits. The order was reversed.

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Johnson v. State, Court of Appeals No. A-8365, No. 4755, COURT OF APPEALS OF ALASKA, September 10, 2003, Decided
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Overview: Where trial judge failed to make sure that defendant had waived his right to a jury trial before accepting a guilty plea, the matter had to be remanded for a new trial and the previously dismissed charges were reinstated.

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Johnson v. State, Court of Appeals No. A-8265, No. 4754, COURT OF APPEALS OF ALASKA, September 10, 2003, Decided
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Overview: Trial court did not err in admitting a prior incident of domestic violence into evidence as it showed the relationship of the parties. Defendant could not challenge an instruction on appeal where he failed to challenge its use at the trial level.

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Smith v. Brenckle, Supreme Court No. S-10470, No. 1140, SUPREME COURT OF ALASKA, September 10, 2003, Decided
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Overview: The trial court properly dismissed the husband's pro se claims where they merely contained legal conclusions and were devoid of specific facts to support his claims of unlawful conduct, or were defeated by an absolute privilege for defamation.

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Smith v. Gilman, Supreme Court No. S-10469, No. 1139, SUPREME COURT OF ALASKA, September 10, 2003, Decided
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Overview: Trial court properly dismissed plaintiff's action alleging an illegal taking of property by municipal officials; plaintiff's allegations of wrongful conduct by the officials were wholly conclusory and provided no specific facts.

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Woods v. State, Court of Appeals No. A-8415, No. 4756, COURT OF APPEALS OF ALASKA, September 10, 2003, Decided
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Overview: A trial court properly denied defendant's motion to suppress evidence of a vehicle key found in his pocket. A state trooper objectively had probable cause to arrest defendant for driving while intoxicated when he asked him to empty his pockets.

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