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   State Courts - Alaska - September 17 - October 1, 2004

  
Rush v. State, Supreme Court No. S-10926, No. 5831, SUPREME COURT OF ALASKA, September 17, 2004, Decided
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Overview: The department of natural resources properly applied a former statute when considering the affect of an auction of public lands where a later amendment to the statute would have affected the lessee's substantive property rights.

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Hallam v. Alaska Travel Adventures, Supreme Court No. S-10245, SUPREME COURT OF ALASKA, September 21, 2004, Decided
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Ahgook v. State, Court of Appeals No. A-8577, No. 4929, COURT OF APPEALS OF ALASKA, September 29, 2004, Decided
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Overview: Where the trial court improperly found and applied a statutory aggravating factor in considering defendant's sentence, the appellate court vacated the sentence and remanded the matter for a new sentencing hearing.

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Crawford v. Drvenkar, Supreme Court No. S-11180, No. 1183, SUPREME COURT OF ALASKA, September 29, 2004, Decided
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Overview: On citizen's appeal from adverse judgment in civil rights violation case, judgment was affirmed; search of citizen and passenger compartment was lawful as troopers had reason to believe he was armed and dangerous--the safety warning provided reason.

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Ogar v. Weise, Supreme Court No. S-10897, No. 1182, SUPREME COURT OF ALASKA, September 29, 2004, Decided
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Overview: On wife's appeal of judgment enforcing property award, judgment was affirmed; she could not collaterally attack underlying divorce order in challenging enforcement order and trial court had broad discretion to enforce its own divorce decree.

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Tok O v. Municipality of Anchorage, Court of Appeals No. A-8348, No. 4930, COURT OF APPEALS OF ALASKA, September 29, 2004, Decided
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Overview: On defendant's appeal of reckless driving conviction, judgment was affirmed; in driving against oncoming traffic and accelerating to get ahead of the vehicles blocking his access, he forced oncoming motorist to slow abruptly, leading to a collision.

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Woodard v. State, Court of Appeals No. A-8243, No. 4931, COURT OF APPEALS OF ALASKA, September 29, 2004, Decided
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Overview: The State was entitled to withhold the identity of an informant where the informant played no part in the criminal act with which defendant had been charged, and defendant was not entitled to additional discovery regarding the informant.

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Allstate Ins. Co. v. Teel, Supreme Court No. S-11039, No. 5832, SUPREME COURT OF ALASKA, October 1, 2004, Decided
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Overview: An insurance policy language clearly did not exclude the insured mother from UM/UIM coverage to recover for negligent infliction of emotional distress resulting from the death of her son, an occupant of an insured vehicle.

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Moeller-Prokosch v. Prokosch, Supreme Court No. S-11146, No. 5834, SUPREME COURT OF ALASKA, October 1, 2004, Decided
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Overview: Where the superior court ordered that the father would gain primary physical custody over the parties' minor child if the mother moved to Florida, the court erred by failing to consider the detriment to the child if he were separated from his mother.

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State v. Semancik, Supreme Court No. S-10846, No. 5833, SUPREME COURT OF ALASKA, October 1, 2004, Decided
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Overview: The Supreme Court of Alaska overruled case law permitting a defendant to challenge the State's failure to specify defendant's intended crime in a burglary indictment for the first time on appeal. A defect of form had to be raised in the trial court.

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