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   State Courts - Alaska - December 13 - December 27, 2002

  
Cathey v. State, Court of Appeals No. A-8092, No. 1845, COURT OF APPEALS OF ALASKA, December 13, 2002, Decided
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Overview: Even if victim did not expressly tell 911 dispatcher that defendant and robbers were armed, this omission did not make the 911 tape exculpatory evidence to defendant for grand jury purposes.

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Jerue v. Millett, Supreme Court No. S-9076, No. 5650, SUPREME COURT OF ALASKA, December 13, 2002, Decided
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Overview: As corporation directors did not prove that derivative lawsuit filed by shareholders was not a cause of remedial action directors took, directors were not a prevailing party for attorney fees or entitled to indemnification by the corporation.

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Melson v. Municipality of Anchorage, Court of Appeals No. A-8149, No. 1846, COURT OF APPEALS OF ALASKA, December 13, 2002, Decided
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Overview: Where officers were not using excessive force, defendant did not have the right to use non-deadly force to resist their efforts to detain him during an investigatory stop.

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Owens v. State, Court of Appeals No. A-7952, No. 4645, COURT OF APPEALS OF ALASKA, December 18, 2002, Decided
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Overview: Jury charge indicating defendant had the burden of proving self-defense and defense of others in an assault case was adequately cured by a supplemental instruction. No reversible error occurred; it was unlikely the jury followed an erroneous theory.

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Hamilton v. State, Court of Appeals No. A-07762, COURT OF APPEALS OF ALASKA, December 19, 2002, Decided
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Overview: Where police believed that defendant could aid investigation, but license plate was covered with snow, it was not possible to identify vehicle and contact defendant later, so police had an objective justification for stopping defendant's vehicle.

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Conrad v. State, Court of Appeals No. A-08065, COURT OF APPEALS OF ALASKA, December 20, 2002, Decided
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Overview: Appellate court reaffirmed its holding that driving under the influence statute hinged on defendant's blood alcohol level at time defendant was driving, rather than defendant's blood alcohol level at the time of defendant's chemical test.

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Spindle v. Sisters of Providence in Wash., Supreme Court No. S-10169, No. 5651, SUPREME COURT OF ALASKA, December 20, 2002, Decided
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Overview: Hospital's requirement that doctor supply a sample of discharge records was a reasonable condition precedent to hospital granting medical privileges, and doctor's failure to comply rendered antitrust and tort claims premature and not actionable.

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Edelman v. Edelman, Supreme Court No. S-10408, No. 5652, SUPREME COURT OF ALASKA, December 27, 2002, Decided
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Overview: A trial court did not abuse its discretion in retaining jurisdiction of a property division to determine the value of a bankrupt former husband's claims in pending oil spill litigation, in which the former wife had a one-half share.

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Riley v. State, Court of Appeals No. A-7834, No. 1847, COURT OF APPEALS OF ALASKA, December 27, 2002, Decided
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Overview: The same culpable mental state applied to the State's prosecution of defendant and co-defendant, whether they acted as principals or accomplices, and regardless of whether victims' injuries could be linked beyond a reasonable doubt to defendant.

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S.B. v. State, Supreme Court No. S-10032, No. 5653, SUPREME COURT OF ALASKA, December 27, 2002, Decided
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Overview: Where mother qualified as a person acting as a parent and claimed a right to legal custody of the child and California courts did not have ongoing jurisdiction, the exercise of jurisdiction by the trial court in termination proceeding was proper.

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