Alaska, October, 2002, State Case law

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State Courts - Alaska - October 25 - October 30, 2002

Beaudoin v. State, Court of Appeals No. A-7739, No. 1837, COURT OF APPEALS OF ALASKA, October 25, 2002, Decided
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Overview: Where defendant stabbed his mother, continually confessed to everyone, and was found guilty but mentally ill, his conviction and sentence for first-degree murder was proper, since his confessions were freely and repeatedly made.

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Paul v. State, Court of Appeals No. A-7773, No. 1840, COURT OF APPEALS OF ALASKA, October 25, 2002, Decided
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Overview: Evidence that defendant engaged in sexual acts with a minor which police obtained from a videotape without a warrant given to them by the victim's cousin was properly admitted where the search was no more intrusive than earlier private search.

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Reeves v. Alyeska Pipeline Serv. Co., Supreme Court Nos. S-09168 / 09267, Order No. 42, SUPREME COURT OF ALASKA, October 25, 2002, Decided
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Overview: The supreme court denied the customer's petition for rehearing in a compensatory damages appeal from a breach of contract case where, although evenly divided, the justices agreed upon the effect of its divided vote in rendering judgment.

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Samissa Anchorage, Inc. v. Dep't of Health & Soc. Servs., Supreme Court No. S-10258, No. 5639, SUPREME COURT OF ALASKA, October 25, 2002, Decided
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Overview: State was not liable for prejudgment interest after medical services provider brought successful administrative claims against the state to increase the Medicaid reimbursement rates payable under statute because the state had not waived immunity.

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State v. Auliye, Court of Appeals No. A-8084, No. 1838, COURT OF APPEALS OF ALASKA, October 25, 2002, Decided
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Overview: Where defendant was charged with violating statute prohibiting consuming or possessing alcoholic beverages while younger than 21, potential penalty for offense was sufficiently severe that defendant was entitled to jury trial and to counsel.

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Wassilie v. State, Court of Appeals No. A-7266, No. 1836, COURT OF APPEALS OF ALASKA, October 25, 2002, Decided
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Overview: The trial court did not err when it: (1) admitted defendant's father's prior inconsistent statement with minimal foundation presented; and (2) ruled that the father's prior statements were inconsistent with his genuine lack of memory at trial.

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Willis v. State, Court of Appeals Nos. A-7587 & 7778, No. 1839, COURT OF APPEALS OF ALASKA, October 25, 2002, Decided
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Overview: Testimony that indicated that mother, accused of seriously injuring two-month-old child, showed little affection for her child and little interest in him while he was being treated at the hospital, was relevant evidence for the grand jury.

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Nathaniel v. State, Court of Appeals No. A-8105, No. 4633, COURT OF APPEALS OF ALASKA, October 30, 2002, Decided
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Overview: Where trial court considered positive signs that defendant had rehabilitative potential and that defendant was easily influenced, defendant's sentence at lower end of benchmark range was not clearly mistaken.

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Nelson v. State, Court of Appeals No. A-8086, No. 4634, COURT OF APPEALS OF ALASKA, October 30, 2002, Decided
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Overview: Because trial court had jurisdiction to revoke defendant's suspended sentence and impose suspended period did not violate separation of powers or double jeopardy clause, trial court properly imposed defendant's suspended sentence.

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Searles v. State, Court of Appeals No. A-7958, No. 4632, COURT OF APPEALS OF ALASKA, October 30, 2002, Decided
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Overview: A criminal appellant's motion for post-conviction relief was properly denied; his trial attorney was not ineffective for attacking the legality of a pat-down search that preceded his arrest.

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