Alaska, December, 2003, State Case law

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State Courts - Alaska - December 12 - December 17, 2003

ACS of Alaska, Inc. v. Regulatory Comm'n, Supreme Court No. S-10466, No. 5762, SUPREME COURT OF ALASKA, December 12, 2003, Decided
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Overview: Alaska regulatory commission should not have placed burden on incumbent telephone service provider to show that termination of its rural exemption status was appropriate; governing federal case law indicated burden was on competitor.

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Smith v. State, Court of Appeals No. A-8017, No. 1909, COURT OF APPEALS OF ALASKA, December 12, 2003, Decided
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Overview: Witness's statement that defendant obtained shotgun from him was not a statement against witness's interest and was erroneously admitted into evidence. Error was not harmless; thus, defendant's murder, robbery, and assault convictions were reversed.

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Sproates v. State, Court of Appeals No. A-8495, No. 1908, COURT OF APPEALS OF ALASKA, December 12, 2003, Decided
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Overview: The trial court violated the accused's rights when, in the absence of a request for a continuance, it declined either to hold the preliminary examination or to order him discharged from custody; therefore, he was illegally imprisoned.

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Azimi-Tabrizi v. State, Supreme Court No. S-10637, No. 1150, SUPREME COURT OF ALASKA, December 17, 2003, Decided
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Overview: State supreme court affirmed a decision by the Alaska Department of Administration that awarded a contract to a partnership that offered to lease property to the state, even though the partnership did not own the property when it submitted its offer.

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Bermudez v. State, Court of Appeals No. A-8445, No. 4801, COURT OF APPEALS OF ALASKA, December 17, 2003, Decided
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Overview: State law allowed the trial court to award lost wages and medical expenses to person who was assaulted by defendant, and evidence introduced at trial supported court's judgment that defendant had the ability to obtain employment and pay restitution.

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Booth v. State, Court of Appeals No. A-8219, No. 4802, COURT OF APPEALS OF ALASKA, December 17, 2003, Decided
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Overview: Following defendant's conviction of sexually abusing a 14-year-old girl, the trial court failed to adequately justify a probation condition that effectively banished defendant from his home town as long as the victim resided there.

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Mary E. v. State, Supreme Court No. S-10705, No. 1151, SUPREME COURT OF ALASKA, December 17, 2003, Decided
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Overview: Even if a trial court erred in denying a continuance and having a mother participate telephonically in a proceeding to terminate her parental rights, the mother was not unduly prejudiced because she testified in person and was represented by counsel.

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Raphael v. State, Court of Appeals No. A-8275, No. 4800, COURT OF APPEALS OF ALASKA, December 17, 2003, Decided
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Overview: Trial court properly revoked defendant's probation on charges of assault and reckless endangerment; there was sufficient evidence to show that defendant failed to satisfy the conditions of probation, including participation in drug treatment.

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