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   State Courts - Alaska - November 2 - November 9, 2001

  
Goliver v. McAllister, Supreme Court No. S-9977, No. 5497, SUPREME COURT OF ALASKA, November 2, 2001, Decided
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Overview: Where evidence did not show if grandparents had taken custody of child, order denying mother's motion to reverse adoption was vacated and remanded for an evidentiary hearing to determine whether the motion was time barred.

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Hibbits v. Sides, Supreme Court No. S-9630, No. 5493, SUPREME COURT OF ALASKA, November 2, 2001, Decided
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Overview: Where officer removed truck driver from an accident scene for two hours due to motorcycle gangs' threats, thereby precluding a blood test, motorcycle rider was entitled to sue the officer for the alleged third-party spoliation of his civil suit.

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Murphy v. Newlynn, Supreme Court No. S-9655, No. 5494, SUPREME COURT OF ALASKA, November 2, 2001, Decided
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Overview: Father had primary custody of one, but not both, of the parties' children. Child support preclusion provision should have been applied to prevent mother from collecting arrears from the father as to one of the children.

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Safeway, Inc. v. State, Supreme Court No. S-9009, No. 5492, SUPREME COURT OF ALASKA, November 2, 2001, Decided
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Overview: A strip of land was accepted by a local government as a public street and later included on a highway right-of-way map by the state; the state still retained its interest in the land when the local government vacated the street.

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Tyler v. State, Court of Appeals No. A-07779, COURT OF APPEALS OF ALASKA, November 2, 2001, Date of Order
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Overview: An attorney in a DWI case was properly fined for filing a motion on behalf of his client without bringing controlling negative precedent to the attention of the tribunal.

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Crittell v. Bingo, Supreme Court No. S-9468, No. 5496, SUPREME COURT OF ALASKA, November 9, 2001, Decided
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Overview: Trial court properly declared decedent's will invalid; record supported trial court's finding of undue influence by appellants over decedent, who was particularly susceptible to and a natural target of undue influence.

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Edwards v. State, Court of Appeals No. A-7728, No. 1771, COURT OF APPEALS OF ALASKA, November 9, 2001, Decided
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Overview: Modification of defendant's probation was proper, even though court wrongly revoked probation, because the State proved that there were significant changed circumstances warranting more stringent conditions to be imposed.

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Ulmer v. Alaska Rest. & Bev. Ass'n, Supreme Court No. S-9676, No. 5495, SUPREME COURT OF ALASKA, November 9, 2001, Decided
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Overview: The appeal was moot because the sponsors were not party to the appeal, the initiative petition was dead, there was no current controversy, and no exception to the mootness doctrine applied.

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