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   State Courts - Alaska - November 24, 2004

  
Arnett v. State, Court of Appeals Nos. A-8259 & A-8609, No. 4948, COURT OF APPEALS OF ALASKA, November 24, 2004, Decided
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Overview: Parole board did not violate ex post facto clause by imposing conditions on inmate's parole that went beyond the conditions of probation imposed by sentencing judge; however, requirement to admit offenses in treatment violated Fifth Amendment.

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Edwards v. Edwards, Supreme Court No. S-11320, No. 1193, SUPREME COURT OF ALASKA, November 24, 2004, Decided
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Overview: Where the ex-husband sought to hold a child support order in abeyance while his ex-wife and his children were living with him, the case was remanded to the superior court to consider whether prospective modification of the order was proper.

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Hastings v. State, Court of Appeals No. A-8594, No. 4946, COURT OF APPEALS OF ALASKA, November 24, 2004, Decided
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Overview: While inmate showed that attorney's disregard of metal-psychosis defense might have affected inmate's decision to plead no contest, inmate did not show that attorney did not make sound tactical choice in abandoning that defense.

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Murphy v. Murphy, Supreme Court No. S-10923, No. 1192, SUPREME COURT OF ALASKA, November 24, 2004, Decided
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Overview: Court erred in failing to order reimbursement of prepaid child support to a mother because she was entitled to some reimbursement for the time after her motion for modification was served when she, rather than the father, was supporting the children.

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Nelson M. v. Div. of Family & Youth Servs., Supreme Court No. S-11208, No. 1194, Supreme Court No. S-11236, SUPREME COURT OF ALASKA, November 24, 2004, Decided
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Overview: Termination of a mother's parental rights was in the child's best interests where the mother chose to spend money on alcohol instead of paying bills, left the child at home alone while she went out drinking, and skipped visitation with the child.

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Rexford v. State, Court of Appeals No. A-8539, No. 4949, COURT OF APPEALS OF ALASKA, November 24, 2004, Decided
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Overview: Defendant was not entitled to self-defense instruction, as he did not assert that the victim had used force against him. Specific instances of victim's past violent acts were properly excluded, and criminal history supported worst offender finding.

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Runcorn v. State, Court of Appeals No. A-8668, No. 4947, COURT OF APPEALS OF ALASKA, November 24, 2004, Decided
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Overview: Where defendant was under arrest for DUI, the arresting officer had the authority to reach into defendant's pocket and remove a hard cylindrical object. Defendant was properly convicted for possession of cocaine found in his pocket.

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