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   State Courts - Alaska - December 15 - December 20, 2000

  
Alexander v. Municipality of Anchorage, Court of Appeals No. A-7502, No. 1710, COURT OF APPEALS OF ALASKA, December 15, 2000, Decided
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Overview: Officer did not violate appellant's statutory right to confer with counsel prior to taking breath test, because except for officer's close proximity to appellant during phone call to attorney, officer did not intrude on appellant's privacy.

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Allen v. Department of Revenue, Child Support Enforcement Div., Supreme Court No. S-9247, No. 5342, SUPREME COURT OF ALASKA, December 15, 2000, Decided
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Overview: Child support agency's refusal to pursue support modification was a final, appealable order and appeal had been timely filed; superior court's dismissal of appeal of another agency decision was moot.

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Brown v. Ely, Supreme Court No. S-8763, No. 5347, SUPREME COURT OF ALASKA, December 15, 2000, Decided
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Overview: When right protected by state law was federally prohibited, related search was not federal constitutional violation;; amendment to add malicious prosecution had to be granted; civil rules did not permit attorney's fees for defending § 1983 claim.

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Cassel v. Department of Admin., Supreme Court Nos. S-9063/9073, No. 5344, SUPREME COURT OF ALASKA, December 15, 2000, Decided
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Overview: Hearing officer for State correctly applied an objective standard that comported with collective bargaining agreement and properly determined that probationary employee's unsatisfactory job performance constituted just cause for his termination.

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L.G. v. Department of Health & Soc. Servs., Supreme Court No. S-9140, No. 5349, SUPREME COURT OF ALASKA, December 15, 2000, Decided
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Overview: Social worker familiar with native Alaskan culture provided suitable expert testimony in termination of parental rights proceeding; deviation from placement guidelines was warranted by child's emotional fragility.

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Sampson v. Sampson, Supreme Court No. S-9088, No. 5345, SUPREME COURT OF ALASKA, December 15, 2000, Decided
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Overview: In Alaska law, spouse's inherited property was presumed separate unless spouse affirmatively indicated intent to transmute its character, but court allowed invasion if balancing of equities required it.

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State v. Niedermeyer, Supreme Court No. S-8239, No. 5346, SUPREME COURT OF ALASKA, December 15, 2000, Decided
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Overview: The trial court properly reversed the revocation of appellee's drivers license after an arrest for underage drinking; the relevant statute was unconstitutional, as it was punitive in nature, and did not afford appellee procedural due process.

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White v. State, Supreme Court No. S-9199, No. 5343, SUPREME COURT OF ALASKA, December 15, 2000, Decided
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Overview: Because appellant's breach of contract and condemnation action against appellee and prior administrative action both challenged appellee's failure to process his lease transfers, subsequent action was barred by res judicata.

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Pierre v. State, Court of Appeals No. A-7569, No. 4324, COURT OF APPEALS OF ALASKA, December 20, 2000, Decided
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Overview: In a sentencing appeal, the court remanded for additional findings to support the imposition of the maximum sentence on an appellant convicted of fourth-degree misconduct involving a controlled substance.

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