Alaska, September, 2002, State Case law

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State Courts - Alaska - September 27, 2002

Ball v. Birch, Supreme Court No. S-10015, No. 5634, SUPREME COURT OF ALASKA, September 27, 2002, Decided
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Overview: Trial court erred by granting law firm complete summary judgment in malpractice lawsuit where its expert report failed to offer any opinion as to one claim that the law firm was negligent in negotiating a commercial transaction.

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Brewer v. State, Court of Appeals No. A-8029, No. 1829, COURT OF APPEALS OF ALASKA, September 27, 2002, Decided
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Overview: Trial court properly denied defendant's last-minute request for self-representation when granting the request would have necessarily delayed the trial and the tardiness of the request was due to defendant's lack of diligence in pursuing the issue.

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Conrad v. State, Court of Appeals No. A-8065, No. 1831, COURT OF APPEALS OF ALASKA, September 27, 2002, Decided
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Overview: Defendant's guilt for driving while intoxicated hinged on defendant's blood alcohol level at the time defendant operated or controlled the motor vehicle, not on defendant's chemical test result. Thus, defendant was entitled to a new trial.

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Diaz v. Silver Bay Logging, Inc., Supreme Court No. S-10023, No. 5635, SUPREME COURT OF ALASKA, September 27, 2002, Decided
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Overview: Regulation prohibiting an employer from deducting the costs of food and lodging from an employee's pay applied only to those deductions that reduced an employee's pay below the minimum wage.

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Laybourn v. Powell, Supreme Court No. S-10074, No. 5633, SUPREME COURT OF ALASKA, September 27, 2002, Decided
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Overview: Because the father made efforts to disguise his actual earnings and conceal assets, the trial court properly imputed income to the father in setting his child support obligation, in mother's action to modify child support.

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Morgan v. State, Court of Appeals No. A-7700, No. 1828, COURT OF APPEALS OF ALASKA, September 27, 2002, Decided
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Overview: Trial court erred by refusing to allow defendant to introduce the testimony of witnesses who purportedly were prepared to state that the complaining witness had previously made false accusations of sexual assault on two occasions.

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Pease v. State, Court of Appeals No. A-7635, No. 1830; Court of Appeals No. A-7638, No. 1830, COURT OF APPEALS OF ALASKA, September 27, 2002, Decided
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Overview: The trial court did not err in denying defendants' motion to sever charges against them; facts alleged in the severance pleadings established that the two crimes against the victims occurred within 45 minutes of each other.

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Potter v. Potter, Supreme Court No. S-9951, No. 5636, SUPREME COURT OF ALASKA, September 27, 2002, Decided
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Overview: Father's child support obligation was properly modified based on the parties' actual visitation practices; however, modifying father's visitation violated due process because no notice was given to him that the visitation issue was to be tried.

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