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   State Courts - Alaska - August 17, 2001

  
Alvarez v. Ketchikan Gateway Borough, Supreme Court No. S-9030, No. 5452, SUPREME COURT OF ALASKA, August 17, 2001, Decided
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Overview: All materials submitted to or considered by the board of equalization regarding the owner's property tax assessments were in the record on appeal; the tax assessment and the denial of the motion for hearing were correct.

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Glamann v. Kirk, Supreme Court No. S-9362, No. 5450, SUPREME COURT OF ALASKA, August 17, 2001, Decided
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Overview: Where man suffered injuries after driver's car rear-ended man's car, and man won damages for negligence, it was not error to admit evidence of malingering, give aggravating-cause instruction, and deny motion for new trial.

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Heaps v. State, Court of Appeals No. A-7472, No. 1760, COURT OF APPEALS OF ALASKA, August 17, 2001, Decided
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Overview: First and fourth-degree assault convictions were upheld. Evidence of victim's past trashing of defendant's house was properly limited as that had been to property. Failure to sua sponte instruct on lesser-included offenses was not plain error.

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L.C.H. v. T.S., Supreme Court No. S-9387, No. 5449, SUPREME COURT OF ALASKA, August 17, 2001, Decided
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Overview: Trial court did not err in admitting expert testimony of child sexual abuse profiles where the evidence was not unfairly prejudicial, and was used to rebut a claim that the victim had false memories.

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Loncar v. Gray, Supreme Court No. S-9390, No. 5451, SUPREME COURT OF ALASKA, August 17, 2001, Decided
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Overview: Court did not err in admitting evidence of plaintiff's prior medical history in personal injury action where she put her medical history in issue and thereby opened the door to the defense's evidence on the subject.

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Macleod v. State, Court of Appeals No. A-7730, No. 1759, COURT OF APPEALS OF ALASKA, August 17, 2001, Decided
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Overview: Police officer's "off the record" advice to defendant arrested for DWI to dissuade the defendant from taking an independent blood test was error requiring suppression of the test result and a new trial for the defendant.

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Nickels v. Napolilli, Supreme Court Nos. S-9243/9283, No. 5454, SUPREME COURT OF ALASKA, August 17, 2001, Decided
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Overview: Dismissal of worker's contract claims against employers for failure to carry workers' compensation was affirmed. Case was remanded to clarify if second injury happened during employment and for claim before workers' compensation board.

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State v. Saathoff, Supreme Court No. S-9457, No. 5453, SUPREME COURT OF ALASKA, August 17, 2001, Decided
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Overview: As theft by receiving was not a continuing offense and defendant bought the stolen rifle more than five years before he was charged, the statute of limitations barred his conviction.

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