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   State Courts - Alaska - November 8, 2000

  
Bovee v. Municipality of Anchorage, Court of Appeals No. A-7518, No. 4306, COURT OF APPEALS OF ALASKA, November 8, 2000, Decided
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Overview: Conviction for DUI and denial of suppression of evidence were affirmed as Miranda warnings were not required as it was a non-coercive traffic stop. Also, the officers had probable cause to arrest, and thus, to use the portable breath test.

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Collette v. State, Court of Appeals No. A-7532, No. 4307, COURT OF APPEALS OF ALASKA, November 8, 2000, Decided
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Overview: Imposition of consecutive sentences for three counts of assault was upheld as there was considerable evidence of two separate assaults, and even a single assaultive act directed at multiple victims constituted multiple counts of assault.

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Cuarto v. State, Court of Appeals No. A-7223, No. 4304, COURT OF APPEALS OF ALASKA, November 8, 2000, Decided
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Overview: Appellant's convictions for attempting to engage in sexual contact with a minor were affirmed despite inadmissible hearsay testimony admitted to the grand jury. Despite joint trial, jury was able to decide guilty individually.

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Holliday v. State, Court of Appeals No. A-7442, No. 4302, COURT OF APPEALS OF ALASKA, November 8, 2000, Decided
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Overview: Dismissal of application for post-conviction relief to withdraw guilty plea to drug possession 27 years earlier was affirmed because it was barred by the statute of limitations, but not because appellant failed to file a direct appeal.

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Johnson v. State, Court of Appeals No. A-7599, No. 4303, COURT OF APPEALS OF ALASKA, November 8, 2000, Decided
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Overview: Appellant's sentence did not violate Austin rule because the unsuspended portion of appellant's sentence for third-degree assault was more favorable than the two-year presumptive term for second felony offenders.

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McKinley v. State, Court of Appeals No. A-7580, No. 4305, COURT OF APPEALS OF ALASKA, November 8, 2000, Decided
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Overview: Trial court did not err in denying DWI defendant's motion to suppress evidence, where the arresting officer had probable cause to arrest defendant even before he asked defendant to take a portable breath test.

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