Alaska, December, 2006, State Case law

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State Courts - Alaska - December 6 - December 13, 2006

Carr v. State, Court of Appeals No. A-9419, No. 5144, COURT OF APPEALS OF ALASKA, December 6, 2006, Decided
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Overview: Because trial court was silent as to its intentions for suspended portions of defendant's sentences for first degree sexual abuse of his stepdaughter, the suspended portions were deemed concurrent under former Alaska Stat. ?? 12.55.125, 12.55.155; implications of trial court's intent to impose consecutive suspended sentences were not sufficient.

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Haugen v. State, Court of Appeals No. A-9540, No. 5145, COURT OF APPEALS OF ALASKA, December 6, 2006, Decided
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Overview: Defendant's sentence for first degree robbery in violation of Alaska Stat. ? 11.41.500(a)(1) was upheld because Blakely was inapplicable when defendant entered a plea agreement in which he admitted to using a knife, which required a presumptive sentence of 7 years under Alaska Stat. ? 12.55.125(c)(2)(A).

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L.H. v. State, Supreme Court No. S-12166, No. 1269, SUPREME COURT OF ALASKA, December 6, 2006, Decided
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Overview: Termination of parental rights was proper because findings that the State made active, although unsuccessful, efforts to reunite mother with her six children were based on clear and convincing evidence in that the findings showed that the mother did not comply with a reasonable case plan and refused to cooperate with Office of Children's Services.

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Rodvik v. Rodvik, Supreme Court No. S-11986, No. 6080, SUPREME COURT OF ALASKA, December 8, 2006, Decided
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Overview: In a divorce proceeding, award of custody of children to wife was appropriate because of testimony from guardian ad litem and other witnesses. Among other things, trial court's award of guns that were marital property to wife was appropriate, pursuant to 18 U.S.C.S. ? 922(g), because of protective orders to which husband was subject.

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State v. Moreno, Court of Appeals No. A-9148, No. 2075, COURT OF APPEALS OF ALASKA, December 8, 2006, Decided
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Overview: Although pre-2005 presumptive sentencing law for adjudicating aggravating factors violated Blakely, the entire procedure was not unconstitutional when the flawed procedures could be replaced by jury trials that conformed to Blakely requirements. Thus, superior court's ruling that the presumptive sentencing scheme was unconstitutional was reversed.

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Surrells v. State, Court of Appeals No. A-9458, No. 2076, COURT OF APPEALS OF ALASKA, December 8, 2006, Decided
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Overview: When defendant was originally sentenced under former Alaska Stat. ? 12.55.125(k)(2), Blakely was inapplicable in defendant's probation revocation hearing because the revocation and imposition of the remaining suspended imprisonment did not involve any potential increase in his sentence.

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Auer v. State, Court of Appeals No. A-9442, No. 5146, COURT OF APPEALS OF ALASKA, December 13, 2006, Decided
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Overview: After defendant pled guilty to sexual abuse of a minor in violation of Alaska Stat. ? 11.41.434(a)(1), a trial court properly rejected defendant's claim of mitigation under Alaska Stat. ? 12.55.155(d)(9) when defendant attempted to deflect some blame onto the twelve-year-old victim and did not make any exceptional efforts to assume responsibility.

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Portalla v. State, Court of Appeals No. A-8869, No. 5147, COURT OF APPEALS OF ALASKA, December 13, 2006, Decided
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Overview: Defendant's revocation of probation was affirmed because the victims' testimony that defendant struck her, pinned her, grabbed her breast and attempted to remove her clothing was sufficient to support a trial court's finding by the preponderance of the evidence that defendant committed attempted sexual assault.

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Simpson v. State, Court of Appeals No. A-8937, No. 5148, COURT OF APPEALS OF ALASKA, December 13, 2006, Decided
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Overview: Defendant's convictions for burglary and fourth-degree theft in violation of Alaska Stat. ?? 11.46.300(a)(1), 11.46.150(a) were affirmed because under Alaska Stat. ?? 11.81.900(b)(51), 11.46.980(a), cigarettes and food were property of value, and Alaska Stat. ? 11.46.980(c) aggregated property stolen during a single burglary.

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