Alaska, December, 2003, State Case law

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State Courts - Alaska - December 24 - December 29, 2003

Allmond v. State, Court of Appeals No. A-8505, No. 4803, COURT OF APPEALS OF ALASKA, December 24, 2003, Decided
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Overview: Increasing the presumptive sentencing range for DWI based on prior DWI convictions did not constitute double jeopardy, and aggravating factors based on a prior delinquency adjudication and prior similar offenses were properly applied.

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Basurto v. State, Court of Appeals No. A-8010, No. 4806, COURT OF APPEALS OF ALASKA, December 24, 2003, Decided
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Overview: Evidence of defendant's prior assaults on three other women was admissible, because the facts of the prior assaults showed a pattern of behavior that significantly paralleled the assault in the instant case.

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Charles v. State, Court of Appeals No. A-8546, No. 4805, COURT OF APPEALS OF ALASKA, December 24, 2003, Decided
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Overview: Trial court properly allowed defendant's girlfriend's sister to testify during State's case-in-chief, because her testimony rebutted testimony her sister gave that suggested that she did not conspire with defendant to testify falsely in his favor.

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Cook v. State, Court of Appeals No. A-8141, No. 4807, COURT OF APPEALS OF ALASKA, December 24, 2003, Decided
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Overview: In a criminal trial for sexual abuse of a minor, evidence that defendant beat his children was relevant to the credibility of the victim's assertions of sexual abuse; the trial court properly sentenced him to serve 15 years.

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Matumeak v. State, Court of Appeals No. A-8483, No. 4808, COURT OF APPEALS OF ALASKA, December 24, 2003, Decided
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Overview: The court properly dismissed an inmate's application for post-conviction relief; the inmate was not entitled to withdraw his plea of no contest to DUI on the grounds that it was entered without the benefit of counsel or discovery.

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Thunderhawk v. State, Court of Appeals No. A-8323, No. 4804, COURT OF APPEALS OF ALASKA, December 24, 2003, Decided
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Overview: Trial court properly allowed State to introduce evidence that defendant had escaped from drug treatment facility at time he allegedly attacked a woman, as evidence was relevant to issue of whether victim could identify defendant as her assailant.

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O'Connor v. Star Ins. Co., Supreme Court No. S-10500, No. 5765, SUPREME COURT OF ALASKA, December 26, 2003, Decided
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Overview: Trial court did not err in granting summary judgment to insurance company that issued a licensing bond to contractor, where homeowners claimed that insurer owed them an actionable duty to independently investigate their claim against the contractor.

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Wilson v. State, Court of Appeals No. A-8377, No. 1910, COURT OF APPEALS OF ALASKA, December 26, 2003, Decided
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Overview: Information presented to a district court failed to establish probable cause for the issuance of a warrant authorizing the search of appellant's resident where the main incriminating information was supplied by two informants of unproven credibility.

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Ruby A. v. State, Supreme Court No. S-10921, Supreme Court No. S-10933, No. 1152, SUPREME COURT OF ALASKA, December 29, 2003, Decided
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Overview: The evidence supported termination of parental rights based on the father's sexual abuse of one child, substantial risk of abuse of other children, the parents' failure to remedy the risk, and the best interests of the children.

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