Alaska, October, 2002, State Case law

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State Courts - Alaska - October 2 - October 16, 2002

Johnston v. State, Court of Appeals No. A-7383, No. 4622, COURT OF APPEALS OF ALASKA, October 2, 2002, Decided
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Kozevnikoff v. State, Court of Appeals No. A-7674, No. 4623, COURT OF APPEALS OF ALASKA, October 2, 2002, Decided
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Overview: In an assault case, the trial judge's comments that she was "disgusted" that she had to continue the sentencing and that she would not "rescue" defendant when she denied his motion for an updated presentence report were not grounds for recusal.

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State v. Armstrong, Court of Appeals No. A-8119, No. 4621, COURT OF APPEALS OF ALASKA, October 2, 2002, Decided
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Overview: In a sexual assault case, the trial judge did not err in adjusting the presumptive term as the 13-year-old victim did not become incapacitated as a result of defendant's act merely because defendant furnished the alcohol to the victim.

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Fardig v. Fardig, Supreme Court No. S-10028, No. 5638, SUPREME COURT OF ALASKA, October 4, 2002, Decided
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Overview: Trial court's consideration of the mother's drug use under a motion to modify custody was properly used to determine whether a substantial change in circumstances occurred and correctly weighed the best interest of the child criteria.

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McCoy v. State, Court of Appeals No. A-07789, COURT OF APPEALS OF ALASKA, October 4, 2002, Decided
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Overview: Defendant's petition for rehearing was denied, where a pre-sentence investigator properly referred to defendant's non-adjudicated acts of delinquency in a pre-sentence report.

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Reich v. Cominco Alaska, Inc., Supreme Court No. S-9717, No. 5637, SUPREME COURT OF ALASKA, October 4, 2002, Decided
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Overview: The superior court correctly applied per se rule allowing challenges for cause of prospective jurors with financial interest in the litigation. The special verdict form did not prevent jury from giving effect to continuing violations theory.

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Allen v. State, Court of Appeals No. A-07430, COURT OF APPEALS OF ALASKA, October 11, 2002, Decided
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Overview: In the sentencing phase of a second-degree murder trial, the trial judge's rejection of defendant's assertion that he committed the homicide under duress and after being subjected to provocation from the victim was proper.

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Ramsey v. State, Court of Appeals No. A-7295, No. 1832, COURT OF APPEALS OF ALASKA, October 11, 2002, Decided
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Overview: Where defendant proposed evidence on the linkage between evidence of homosexual rape and the inclination to commit suicide, trial court properly declined to take judicial notice of the evidence and required defendant to present expert testimony.

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Booth v. State, Court of Appeals No. A-8219, No. 4625, COURT OF APPEALS OF ALASKA, October 16, 2002, Decided
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Overview: Where the trial court did not adequately explain its reasoning for barring defendant from returning to his town of residence as a condition of defendant's probation, the sentence was remanded for reconsideration of the probation condition.

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Cortez v. State, Court of Appeals Nos. A-7516, No. 4624, COURT OF APPEALS OF ALASKA, October 16, 2002, Decided
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Overview: Suspicious package factors, explained in light of postal inspector's experience, supported reasonable suspicion that defendant's package contained drugs; thus, dog-sniff was legal, warrant was properly issued, and cocaine was properly discovered.

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