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   State Courts - Alaska - November 26 - December 3, 2004

  
Baskurt v. Beal, Supreme Court No. S-11060, No. 5848, SUPREME COURT OF ALASKA, November 26, 2004, Decided
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Overview: Trial court did not err when it set aside foreclosure sale on basis, inter alia, of inadequate purchase price, where foreclosure purchase price of $ 26,781 was less than 15 percent of sale price, indicating that gross inadequacy standard was met.

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Howard v. State, Court of Appeals No. A-8491, No. 1960, COURT OF APPEALS OF ALASKA, November 26, 2004, Decided
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Overview: Defendant's hiding in the woods and the trooper's contact with only a piece of defendant's jacket or cuff while he was running away was not sufficient to constitute force; thus, evidence was insufficient to support his resisting arrest conviction.

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Knutsen v. State, Court of Appeals No. A-8471, No. 1958, COURT OF APPEALS OF ALASKA, November 26, 2004, Decided
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Overview: In an indecent photography case, a court did not err in failing to instruct on a defense because no issue of consent was presented, and therefore, even assuming defendant was unaware that minors would be changing their clothes, that was no defense.

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Miller v. Safeway, Inc., Supreme Court No. S-11101, No. 5849, SUPREME COURT OF ALASKA, November 26, 2004, Decided
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Overview: A grocery store's hair grooming policy did not violate the constitutional right of privacy of a Native Indian employee, because there was no state action; the employee also failed to demonstrate discrimination on the basis of race, sex, or religion.

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Riggins v. State, Court of Appeals No. A-8701, No. 1959, COURT OF APPEALS OF ALASKA, November 26, 2004, Decided
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Overview: Because trial court erred in admitting evidence of defendant's assaults on a prior girlfriend, the court reversed defendant's conviction for assault in the second degree for striking his current girlfriend in the face with a dangerous instrument.

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Western Star Trucks, Inc. v. Big Iron Equip. Serv., Supreme Court No. S-10807, No. 5847, SUPREME COURT OF ALASKA, November 26, 2004, Decided
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Overview: Trial court correctly applied Unfair Trade Practices and Consumer Protection Act to a transaction between dealer and manufacturer and found that manufacturer misrepresented the consequences of the oral agreement that it made with the dealer.

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Nason v. State, Court of Appeals No. A-8164, No. 1961, COURT OF APPEALS OF ALASKA, December 3, 2004, Decided
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Overview: Trial court did not err in determining that victim's consent to search her cabin was valid where she did not simply acquiesce but gave the officer directions on how to get there and how to avoid problems with her dogs.

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Nason v. State, Court of Appeals No. A-8673, No. 1962, COURT OF APPEALS OF ALASKA, December 3, 2004, Decided
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Overview: The court upheld Alaska's DNA collection statute against Fourth Amendment and privacy concerns. An earlier version of the statute requiring DNA samples from those convicted of felonies against a person did not violate the equal protection clause.

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State v. Smith, Supreme Court No. S-11327, Order No. 52, SUPREME COURT OF ALASKA, December 3, 2004, Decided
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