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   State Courts - Alaska - December 12 - December 21, 2001

  
Glaser v. State, Court of Appeals No. A-7876, No. 4510, COURT OF APPEALS OF ALASKA, December 12, 2001, Decided
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Overview: Driving while intoxicated homicide case remanded to the trial court for the sentencing judge to make findings to justify imposition of a sentence significantly different from sentences previously given to similarly situated offenders.

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Paige v. State, Court of Appeals No. A-7341, No. 4511, COURT OF APPEALS OF ALASKA, December 12, 2001, Decided
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Overview: Although evidence in front of grand jury for defendant's alleged forgery was hearsay, admission was not prejudicial, because remaining evidence was sufficient to uphold the indictment.

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Brandal v. Shangin, Supreme Court No. S-9695, No. 5514, SUPREME COURT OF ALASKA, December 14, 2001, Decided
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Overview: Continued use of property in a commercial fishing area was a marital asset even though its title had not been transferred to the married couple, because they had purchased a trailer for the property owner in exchange for the property.

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Hanson v. Hanson, Supreme Court No. S-9896, No. 5515, SUPREME COURT OF ALASKA, December 14, 2001, Decided
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Overview: Judge's comments to husband did not indicate a bias against men and did not warrant recusal, as husband was unable to provide extrajudicial source of the bias or prove judge was unable to render a fair judgment.

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Ogden v. Ogden, Supreme Court No. S-9815, No. 5516, SUPREME COURT OF ALASKA, December 14, 2001, Decided
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Overview: Failure to disqualify investigator who had appearance of bias was harmless error where court based custody order on evidence and not investigator's report. Court abused its discretion when it signed findings of facts that were inaccurate.

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Shearer v. Mundt, Supreme Court No. S-9224, No. 5513, SUPREME COURT OF ALASKA, December 14, 2001, Decided
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Overview: Court did not err in denying pro se litigant his attorney's fees when he prevailed at trial because rule did not permit such an award.

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Zok v. Municipality of Anchorage, Court of Appeals No. A-7863, No. 1776, COURT OF APPEALS OF ALASKA, December 14, 2001, Decided
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Overview: Trial court erred in denying motorist's request to set aside default judgment, where there was nothing that showed that notice was sent to motorist that default judgment would be entered, if he did not respond to his traffic citation.

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Brockway v. State, Court of Appeals No. A-7786, No. 1777, COURT OF APPEALS OF ALASKA, December 21, 2001, Decided
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Overview: Defendant challenging sentencing as repeat offender failed to show entitlement to collaterally attack prior conviction on appeal of later one; post-conviction relief was possible avenue of relief.

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Maxwell v. Maxwell, Supreme Court No. S-10084, No. 5518, SUPREME COURT OF ALASKA, December 21, 2001, Decided
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Overview: Where father's motion to modify custody was based on unsupported speculation, father failed to establish a material change in circumstances, and trial court did not err by denying motion without a hearing.

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Municipality of Anchorage v. Anderson, Supreme Court No. S-9293, No. 5519, SUPREME COURT OF ALASKA, December 21, 2001, Decided
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Overview: City's appeal of an employee's award of attorney's fees in workers' compensation case appeal was an appeal from a non-final order, therefore, court dismissed the appeal.

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