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   State Courts - Alaska - October 29 - November 3, 2004

  
Sheridan v. Municipality of Anchorage, Court of Appeals No. A-8617, No. 1952, COURT OF APPEALS OF ALASKA, October 29, 2004, Decided
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Overview: Where defendant attacked validity of prior DWI convictions, claiming statute under which he was convicted had been found unconstitutional, his claim failed, as his prior convictions were not prosecuted under that statute, but under city ordinance.

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Alaska Cmty. Colleges' Fedn. of Teachers v. Univ. of Alaska, Supreme Court No. S-11193, No. 1190, SUPREME COURT OF ALASKA, November 3, 2004, Decided
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Overview: In labor litigation, union defended arbitration award. On appeal, only issue was award of attorney fees to university. Award was presumptively correct and it was affirmed because union failed to show convincing evidence that award was unreasonable.

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Bright v. State, Court of Appeals No. A-8804, No. 4941, COURT OF APPEALS OF ALASKA, November 3, 2004, Decided
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Overview: Defendant's five year sentence for possession of OxyContin with intent to deliver was proper; trial judge did not err in rejecting mitigating factor for defendant playing minor role, as defendant delivered 20 pills over four separate transactions.

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Brown v. State, Court of Appeals No. A-8424, No. 4942, COURT OF APPEALS OF ALASKA, November 3, 2004, Decided
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Overview: In trial for murder, prosecutor's challenge of juror was not violative of Batson, as prosecutor offered race-neutral reasons. Pathologist's testimony about intent to kill was harmless, if error at all, as defendant offered alibi defense.

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Copeland v. State, Supreme Court No. S-10436, No. 1189, SUPREME COURT OF ALASKA, November 3, 2004, Decided
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Overview: Individual, who challenged oil discharge prevention and contingency plans that were approved by an environmental agency, was not entitled to attorney's fees, as he was not prevailing party under catalyst theory.

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Lyttaker v. State, Court of Appeals No. A-8524, No. 4943, COURT OF APPEALS OF ALASKA, November 3, 2004, Decided
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Overview: In a request for post-conviction relief, defendant attempted to argue that counsel rendered ineffective assistance. Trial court properly denied the request, as defendant failed to overcome presumption that attorney's actions were competent.

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Weber v. State, Supreme Court No. S-11082, No. 1188, SUPREME COURT OF ALASKA, November 3, 2004, Decided
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Overview: In a modification of child support, an agency did not abuse its discretion in raising the amount of child support a father had to pay, although two of three children had moved in with him, as father never petitioned for modification of child custody.

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