Friday, July 11th, 2008

Alaska Superior Court: Tax Exemption for Homes of Religious Educators Is OK

Last week Alaska Superior Court Judge Michael Spaan upheld the constitutionality of the 2006 statute that exempts from taxation the residences of teachers at church schools.   The Alaska ACLU and several individuals had challenged that statute.
In his Memorandum Decision, Spaan stated:

Article IX, section 4 of the Alaska Constitution declares that, “All, or any portion of, property used exclusively for […]

Friday, July 11th, 2008

9th Cir: Unconstitutional Strip Search of Middle School Student

The 9th Circuit, en banc and via Judge Kim Wardlaw, has held:

On the basis of an uncorroborated tip from the culpable eighth grader, public middle school officials searched futilely for prescription-strength ibuprofen by strip-searching thirteen year-old honor student Savana Redding. We conclude that the school officials violated Savana’s Fourth Amendment right to be free from […]

Friday, July 11th, 2008

DAlaska: Conditions of Release

U. S. District Judge John Sedwick has reversed Magistrate John Roberts’ order permitting the pre-trial release of a criminal defendant charged with participating in an international marijuana distribution conspiracy.  Conviction under the federal statute brings a mandatory minimum sentence of ten years.
In his published Order, Sedwick said:
When a person charged with a crime of the […]

Friday, July 11th, 2008

Alaska Legal Miscellanea

Interest on Exxon Valdez punitives award:  ScotusBlog covers the class plaintiffs’ recent request to the U. S. Supreme Court to amend its recent opinion and hold that the reduced punitive damages award will bear interest at 5.9 %,  compounded annually, running from the District Court’s original award.
Roston on divorce law:  Anchorage attorney Peggy Alayne Roston posts weekly on the […]

Friday, July 11th, 2008

Cowdery Indictment

The 16-page Indictment against State Senator John Cowdery is here.
Anchorage Daily News reporter Kyle Hopkins says that Cowdery’s attorney, Kevin Fitzgerald, confirmed the following:
COMPANY A: Veco.
COMPANY CEO: Former Veco chief Bill Allen.
COMPANY VP: Former Veco exec Rick Smith.
STATE SENATOR A: Sen. Donny Olson, D-Nome.
STATE SENATOR B: Former Senate President Ben Stevens, R-Anchorage.