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   State Courts - Alaska - October 20 - October 27, 2000

  
A.H. v. State, Supreme Court No. S-9412, No. 5324, SUPREME COURT OF ALASKA, October 20, 2000, Decided
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Overview: A father's parental rights as to his two daughters were terminated because clear and convincing evidence demonstrated that his daughters were children in need of aid and he repeatedly failed to remedy the harmful conduct.

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Plyler v. State, Court of Appeals No. A-7625, No. 1695, COURT OF APPEALS OF ALASKA, October 20, 2000, Decided
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Overview: Denial of peremptory challenge of judge, who presided over defendant's murder trial, for post-conviction relief litigation was upheld as requiring a new judge to become familiar with the case would be a significant burden.

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Winther v. Samuelson, Supreme Court No. S-9008, No. 5325, SUPREME COURT OF ALASKA, October 20, 2000, Decided
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Overview: Plaintiff's claim for individual fishing quota shares associated with fishing vessel failed; defendant did not sell his future fishing rights as part of his partnership interest, as fishing rights never vested in partnership.

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Anagick v. State, Court of Appeals No. A-7300, No. 4297, COURT OF APPEALS OF ALASKA, October 25, 2000, Decided
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Overview: Under Alaska's cognate approach, where there was an issue whether victim was awake or asleep at time of sex, sexual assault by reason of incapacity was not always lesser-included offense of first-degree sexual assault.

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Brandon v. State, Court of Appeals No. A-7388, No. 4299, COURT OF APPEALS OF ALASKA, October 25, 2000, Decided
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Overview: Defense counsel's failure to impeach hearsay evidence with prior inconsistent testimony, as permitted in Alaska, occurred for sound tactical reasons, so counsel's representation was not ineffective.

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Penz v. State, Court of Appeals No. A-7370, No. 4295, COURT OF APPEALS OF ALASKA, October 25, 2000, Decided
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Overview: Strong evidence that defendant's words and actions placed her sister in reasonable fear of imminent physical harm supported guilt of assault. Alaska claims of counsel ineffectiveness had to begin in trial court proceeding.

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Sosa v. State, Court of Appeals No. A-7517, No. 4298, COURT OF APPEALS OF ALASKA, October 25, 2000, Decided
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Overview: Although woman who reported appellant's threatening actions and who obtained a protective order against him changed her testimony at his assault trial, jury could still have found him guilty based on her previous taped and sworn statements.

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Tanner v. State, Court of Appeals No. A-7433, No. 4296, COURT OF APPEALS OF ALASKA, October 25, 2000, Decided
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Overview: Defendant seeking post-conviction relief in Alaska, on grounds of ineffective counsel at sentencing, had to attach his trial counsel's affidavit, or explain its absence, as part of his prima facie case.

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Harmon v. State, Court of Appeals No. A-7319, No. 1696, COURT OF APPEALS OF ALASKA, October 27, 2000, Decided
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Overview: Sentence imposed for sexual assault and incest convictions were affirmed. Double jeopardy did not require merger of counts for sentencing, record supported finding that crime was most serious, and sentence was not excessive.

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Schumacher v. State, Court of Appeals No. A-6843, No. 1697, COURT OF APPEALS OF ALASKA, October 27, 2000, Decided
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Overview: Sexual assault conviction and sentence were affirmed. Trial judge did not err by barring appellant from using body as demonstrative aid unless he took the stand. Taint hearing was not required and sentence was not excessive.

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