Alaska, November, 2003, State Case law

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State Courts - Alaska - November 7 - November 14, 2003

Crouse v. Municipality of Anchorage, Court of Appeals No. A-8434, No. 1905, COURT OF APPEALS OF ALASKA, November 7, 2003, Decided
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Overview: Because a trial judge knew immediately that the verdict was not the jury's unanimous decision and that verdict forms were switched, he properly inquired into jurors' intent and sent them back into deliberations with proper verdict forms.

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Friends of Cooper Landing v. Kenai Peninsula Borough, Supreme Court No. S-10581, No. 5749, SUPREME COURT OF ALASKA, November 7, 2003, Decided
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Overview: In a case involving land classification, both state law and the borough code allowed a group, which challenged an adjudicatory decision of the Kenai Peninsula Borough Board of Adjustment, to appeal the board's decision to the superior court.

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State v. Wagar, Supreme Court No. S-10369, No. 5750, SUPREME COURT OF ALASKA, November 7, 2003, Decided
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Overview: To justify a further examination of an unknown object felt in a pat-down frisk for weapons, an officer needed a reasonable belief that the object could have been used as a weapon, not that the object was an atypical weapon.

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Ferguson v. State, Court of Appeals No. A-8470, No. 4792, COURT OF APPEALS OF ALASKA, November 12, 2003, Decided
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Overview: Because defendant had been speeding, showed signs of intoxication, and failed at least certain portions of a field sobriety test, an officer had probable cause to arrest defendant and his refusal to submit conviction was affirmed.

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Plyler v. State, Court of Appeals No. A-8249, No. 4791, COURT OF APPEALS OF ALASKA, November 12, 2003, Decided
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Overview: Trial judge's questions to expert were designed to clarify expert's testimony and expressed no opinion on the evidence; thus, attorney was not incompetent for not objecting to judge's questions and post-conviction relief petition was properly denied.

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Freitas v. Alaska Radiology Assocs., Supreme Court No. S-10487, No. 5753, SUPREME COURT OF ALASKA, November 14, 2003, Decided
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Overview: There was no abuse of discretion in admitting testimony from clinic's director about the practices followed in positioning patients during mammograms and technician training. This was not opinion evidence that needed to be disclosed before trial.

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K & K Recycling, Inc. v. Alaska Gold Co., Supreme Court No. S-10303, Supreme Court No. S-10324, No. 5752, SUPREME COURT OF ALASKA, November 14, 2003, Decided
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Overview: In a dispute regarding a contract to purchase a dredge, material factual issues existed as to which items were dredge equipment and related facilities; hence, the trial court erred in granting summary judgment with respect to personal property.

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Noy v. State, Court of Appeals No. A-8327, No. 1906, COURT OF APPEALS OF ALASKA, November 14, 2003, Decided
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Overview: A court would not grant a rehearing of its decision that a statute criminalizing possession of any amount of marijuana was an unconstitutional restriction on a person's privacy right to possess marijuana for personal use in the home.

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Samaniego v. City of Kodiak, Supreme Court No. S-10378, No. 5751, SUPREME COURT OF ALASKA, November 14, 2003, Decided
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Overview: In arrestee's suit against a city, a police officer, and an immigration officer alleging use of excessive force during her arrest, application of Daubert standard was not prerequisite to admission of testimony stemming from typical psychiatric exam.

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