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   State Courts - Alaska - November 19 - November 26, 2003

  
Bergman Hotel v. Barrett, Supreme Court No. S-10791, No. 1147, SUPREME COURT OF ALASKA, November 19, 2003, Decided
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Overview: While a superior court made a proper judgment that an ex-husband of a deceased testator was a de facto partner in a hotel the testator owned, it prematurely made an award prior to a proper winding up of the hotel partnership.

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Medlin v. State, Supreme Court No. S-10650, No. 1148, SUPREME COURT OF ALASKA, November 19, 2003, Decided
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Pointer v. State, Court of Appeals No. A-8338, No. 4794, COURT OF APPEALS OF ALASKA, November 19, 2003, Decided
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Overview: Trial court did not err by allowing the State to call the complainant's son as a rebuttal witness after the defense had rested where the son was a potential witness, and the police report provided the complainant's address and telephone number.

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Westbrook v. State, Court of Appeals No. A-8464, No. 4793, COURT OF APPEALS OF ALASKA, November 19, 2003, Decided
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Overview: Defendant's arguments of unconstitutionality of alcohol possession by minor statute were disposed of in prior appeal. State did not commit discovery violation to warrant sanction. Evidence was sufficient to find defendant possessed alcohol.

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Doxsee v. Doxsee, Supreme Court No. S-10424, No. 5754, SUPREME COURT OF ALASKA, November 21, 2003, Decided
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Overview: In a personal injury case, a court did not err by failing to give a proposed instruction on aggravation of a pre-existing injury where plaintiff failed to establish that the instruction would have had any appreciable effect on the jury's verdict.

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Gurney v. Gurney, Supreme Court No. S-10744, No. 5755, SUPREME COURT OF ALASKA, November 21, 2003, Decided
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Overview: Trial court's finding that the parties intended equal ownership shares in most of the property that was accumulated during their voided marriage was not clearly erroneous, and the division of the marital property was not an abuse of discretion.

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Morrow v. State, Court of Appeals Nos. A-8396/8405, No. 1907, COURT OF APPEALS OF ALASKA, November 21, 2003, Decided
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Overview: An improper comment by the prosecutor to the grand jury did not warrant dismissal of the indictment, defendant was properly denied a bifurcated trial, and his prior failure to appear convictions were relevant to rebut his claim of mistake.

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Anderson v. State, Court of Appeals No. A-8421, No. 4796, COURT OF APPEALS OF ALASKA, November 26, 2003, Decided
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Overview: In motion to suppress drug evidence, because evidence was insufficient to determine whether officer knew that defendant's pockets contained a potential weapon before she pulled knife and drugs out of his pockets, case was remanded to superior court.

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Hodson v. Hodson, Supreme Court No. S-10572, No. 1149, SUPREME COURT OF ALASKA, November 26, 2003, Decided
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Overview: Mother did not show good cause for a psychological examination of father, failed to file a timely opposition to father's motion for an extension, and raised no genuine issue of material fact in opposition to father's motion for reconsideration.

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Puisis v. State, Court of Appeals No. A-8497, No. 4795, COURT OF APPEALS OF ALASKA, November 26, 2003, Decided
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Overview: Because the inmate did not provide an affidavit from his trial or appellate attorney in the underlying criminal case, he did not show per se ineffective assistance of counsel. Thus, judge properly dismissed his application for post-conviction relief.

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