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   State Courts - Alaska - September 26 - October 3, 2003

  
Frank E. v. State, Supreme Court No. S-10707, No. 5741, SUPREME COURT OF ALASKA, September 26, 2003, Decided
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Overview: The parental rights of a father were properly terminated following his conviction and sentence for sexually assaulting and attempting to assault his minor children, where the length of his sentence made efforts to reunite the family unnecessary.

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Lawson v. Helmer, Supreme Court No. S-10034, No. 5739, SUPREME COURT OF ALASKA, September 26, 2003, Decided
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Overview: A defamation suit based on statements made during child custody proceedings was properly dismissed because defamatory testimony by a witness in a judicial proceeding, which was pertinent to the matter under inquiry, was absolutely privileged.

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Schouten v. State, Court of Appeals Nos. A-8432 & A-8433, No. 1901, COURT OF APPEALS OF ALASKA, September 26, 2003, Decided
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Overview: The State was permitted to refile two hunting offenses against defendants after the cases were dismissed by a magistrate for a failure to prosecute because defendants had not answered nor had they been indicted on the misdemeanor charges.

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State Farm Fire & Cas. Co. v. White-Rodgers Corp., Supreme Court No. S-10530, No. 5738, SUPREME COURT OF ALASKA, September 26, 2003, Decided
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Overview: The six-year "trespass" statute of limitations governed claims brought by an insurer against three companies that were responsible for an explosion that damaged an insured home.

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Catherine T. v. State, Supreme Court No. S-10889, No. 1143, SUPREME COURT OF ALASKA, October 1, 2003, Decided
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Overview: Trial court properly terminated the mother's parental rights, when the evidence clearly and convincingly showed the child was mentally injured by her mother, and she had been sexually abused by her brother.

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Latham v. State, Court of Appeals No. A-7684, No. 4769, COURT OF APPEALS OF ALASKA, October 1, 2003, Decided
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Overview: Where defendant was not sentenced to any term of imprisonment following the revocation of his probation, he was not entitled to bring a sentence appeal, and he failed to meet his burden of showing ineffective assistance of counsel.

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Nicolai v. State, Court of Appeals No. A-8226, No. 4767, COURT OF APPEALS OF ALASKA, October 1, 2003, Decided
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Overview: A jury could have reasonably concluded that defendant penetrated the victim and that he recklessly disregarded her lack of consent; therefore, defendant failed to show that the evidence was inadequate to support his sexual assault conviction.

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Peters v. State, Court of Appeals No. A-8133, No. 4766, COURT OF APPEALS OF ALASKA, October 1, 2003, Decided
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Overview: In a DWI case, a court did not err by denying a motion to suppress a breath test where, although an officer monitored defendant's call with an attorney, the officer already knew about defendant's prior DWIs.

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Sage v. State, Court of Appeals No. A-8325, No. 4768, COURT OF APPEALS OF ALASKA, October 1, 2003, Decided
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Overview: Defendant failed to rebut the presumption that trial counsel's decisions were reasonable tactical decisions, that the failure to call expert witnesses was ineffective assistance, or that an objection to hearsay testimony would have succeeded.

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Alyeska Pipeline Serv. Co. v. DeShong, Supreme Court No. S-10083, No. 5740, SUPREME COURT OF ALASKA, October 3, 2003, Decided
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Overview: An employee was entitled to total temporary disability benefits because she proved that she was not medically stable during the time in question and she agreed to repay her unemployment benefits received during the same time.

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