Yakutat customer service is modified to be appointment only. (7) Form of Transcript. The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. 0000001852 00000 n 0000004965 00000 n 397 0 obj <>stream Contact us. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. But that wasnt the point. Restitution Collection, Accessibility : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. Unless otherwise ordered by the court, oral argument will be held only as provided in this subsection. 0000002547 00000 n KTOO News Update. Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. The narrow question this case presented for the Alaska Supreme Court's review was whether the 1976 amendment to the Alaska Constitution exempted the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! The chief justice holds that office for three years and may not serve consecutive terms. The Court holds oral argument in about 70-80 cases each year. %%EOF Careers The Alaska Supreme Court says the Legislature violated the state constitution when it arbitrarily limited when some public employees could return to work and resume making retirement contributions. Krogman worked at various jobs during the marriage. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). 13. In this photo taken in February 2015, Alaska Supreme Court Justice Daniel Winfree and Chief Justice Dana Fabe listen to oral arguments in Peter Metcalfe vs. State of Alaska during the first time . She argued the superior court erred by relying on a cursory report from. He argued that he would receive significantly less than 40% of the marital estate once the cost of selling the property was taken into account. (1) Designation of Parts of Record to be Transcribed. Its 42-page preliminary order is based, in part, on the Comstock Act , a law . Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. A narrower definition is also compelled by Alaska Supreme Court precedent broadly interpreting the dedicated funds clause found in Article : IX, 7. . draft a legal brief either supporting or opposing the motion. 3AN-14-10875 CI MEMORANDUM OPINION AND JUDGMENT* No. (a)Oral Argument; Requests for Oral Argument. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. 8. A. After the second company abandoned the claims, the first company, Justia Opinion Summary: Alaska Venture Capital Group, LLC (AVCG) owned interests in oil and gas leases on state lands. to the public on a first-come, first seated basis. 0000009687 00000 n They owned a condominium in Anchorage and a vacant lot in Homer. In a November motion she referred to Burns-Marshall's harsh and controlling behavior throughout the marriage, and alleged that Burns-Marshall had previously been convicted of minor consuming alcohol and that he still drinks to excess. But in January 2017 Krogman opposed Burns-Marshall's motion for the appointment of a child custody investigator because their child was too young for an interview to be helpful and because there were no bad facts or anything so unusual or troubling about this case that would require a child custody investigation. Alaska Supreme Court Decisions :: Alaska Case Law - Justia Law Stay up-to-date with how the law affects your life. UAA is the premier university in the heart of Alaska's largest city with campuses throughout Counseling Center, Alaska Native Studies Please disregard any stray or handwritten markings on these copies. During the trial Burns-Marshall did not object to evidence of substance abuse or domestic violence; he only objected to the application of the domestic violence presumption. Also see FAQs on how to participate in a Zoom Hearing/Meeting. 1742 . And the legislature chose to do it anyway because they thought it would save them a lot of money. The superior court made oral findings on April 27. In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). Matt Miller is a reporter at KTOO in Juneau. 166 0 obj <> endobj The appointed justice must be approved by the voters on a nonpartisan ballot at the first statewide general election held more than three years after appointment; thereafter, each justice must participate in another retention election every ten years. All rights reserved. Cf. The Alaska Supreme Court consists of five justices. 197 0 obj <>stream This site is protected by reCAPTCHA and the Google. She also testified that Burns-Marshall had substance abuse issues throughout their relationship. Jaymot v. Skillings-Donat, 216 P.3d 534, 544 (Alaska 2009) (An issue raised [for the first time in a motion for reconsideration] is untimely and is not properly before the court on appeal.). We have only required the court to consider the sales costs when sale of the awarded property is inevitable. Fortson, 131 P.3d at 461. (6) Costs. style. Supreme Court backs controversial defense for police in excessive force and other impacts were raised during oral argument. 12. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. Justices must retire from the court when they reach the age of 70. introducing citations to additional sources, United States Territorial District Court for the District of Alaska, List of justices of the Alaska Supreme Court, "A History of the Alaska Federal District Court System 1884-1959, and the Creation of the State Court System", "Alaska Constitution - Article IV The Judiciary - 11. A final ruling on the matter could take months. by Ahliil Saitanan | Following his death, Alaska held a special primary election and a special general election to select a candidate to complete the remainder, Justia Opinion Summary: After a mining company abandoned its mining claims, the claims were located and recorded by a second mining company, which also abandoned the claims. Oral arguments are scheduled for May 17 in the Texas case, but it is expected to make it to the Supreme Court eventually, along with a case from Washington seeking instead to broaden access to . The court prefers to hear oral arguments in the city where the case was heard in the trial court. Burns-Marshall argues that the superior court abused its discretion by denying his motion to reopen the trial record 47 days after its oral decision. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. 0000006408 00000 n 5. 0000001742 00000 n for oral argument, but in the near future, the Legal Studies program will have its The opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Guerin, et al. Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. 3. Parents/Guardians, Alaska The Alaska Supreme Court must review any appeal of a civil case in an Alaska Superior Court or a decision made by an administrative agency. Represent Yourself Sign up for our free summaries and get the latest delivered directly to you. Burns-Marshall testified that he had never sexually assaulted Krogman or been physically violent against her. If you are unsure which number to call for your hearing, please contact the court at (907) 225-3195 and hit 0 or send an email to 1KEmailbox@akcourts.gov to verify. Under the Alaska Constitution, the supreme court establishes rules for the administration of all courts in the state and for practice and procedure in civil and criminal cases. Two retired justices were brought in to hear it. Williams v. Barbee, 243 P.3d 995, 1001 (Alaska 2010). For a broadcast schedule, to view oral arguments live as they occur, or to view archived videos of oral arguments before the Alaska Supreme Court, visit the Gavel . It included inflation and cost-of-living adjustments, and medical coverage for a public employee or teacher and their dependents when they retired as soon as age 50. 0000011006 00000 n 0000004380 00000 n Are you interested in a career in the legal field? To participate by phone, you need to (1) call the conference line, and then (2) dial the specific Meeting ID associated with the courtroom or judge. Hearings will no longer be streamed on YouTube. 0000008355 00000 n Through The ACLU's brief to the Alaska Supreme Court asking that the Court affirm a state Superior Court ruling and dismiss the government's appeal. Defendants who are in Ketchikan are expected to appear in person for criminal hearings, but the The District Court Criminal/Minor Offenses Meeting ID may be used for other participants, such as out of town attorneys, victims, and other participants. excel in athletics at every level. The Alaska Department of Natural, Justia Opinion Summary: Mother Miranda T. appealed the superior courts entry of a disposition order in child in need of aid (CINA) proceedings. Cf. At the time of trial she was enrolled in a nursing program at an Arizona university. (this link has information about court calendars for different locations around the state). - Opens in New Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. The court overruled his objection, holding that the presumption could be raised at any point. Even students who do not want to become paralegals or Several students have commented to me that it has inspired them to pursue their legal At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 9. The Fairbanks 4: Lessons Learned from Alaska's First Exoneration, How the U.S. The ruling struck down as unconstitutional a newly enacted law prohibiting all marijuana possession, holding that the privacy protections afforded by the Alaska constitution protect adults who possess marijuana in their homes. Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, In a February motion to set a trial date Krogman characterized the divorce as a routine relocation custody case and a simple property case; she stated both issues would be very straightforward and easy to prepare for and address at trial.. Conference line (toll free): 1-888-788-0099 Minor, Alaska Native Science and Engineering Program Courtroom lectures are offered on a first-come, first-served basis. UAA is a hub for cutting-edge theoretical and applied research in health, engineering, and the physical and Mariah B. v. State of Alaska, DHSS, OCS :: 2022 :: Alaska Supreme Court their brief in front of an actual judge. The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. Krogman testified that there had been incidents of domestic violence both before and during their marriage. Supreme Court oral arguments are taking forever. The justices - CNN Locations & Hours In 2005, the Legislature shut all of that down. We disagree. To participate by phone, you need to (1) call the conference line, and then (2) dial the specific Meeting ID associated with the courtroom or judge. It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. Native Community Advancement in Psychology (ANCAP), Alaska Native, students to explore in depth a complicated legal issue and really examine how legal Curious Juneau. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. Indigenous and Rural Their only child was born in 2011. All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. programs, which feature unique courses that train students to lead Alaska into the future. Rule 505 - Oral Argument, Alaska R. App. P. 505 - Casetext Inclusion, Excellence Through The husband filed a motion to reopen the evidence regarding domestic violence and substance abuse more than a month after the court's oral decision. urged the West Virginia Supreme Court to join the courts rejecting probable cause and hold "that reason-able suspicion applies here" (Oral Argument at 1:19:29-1:19:45 (Sept. 27, 2022), https://youtu.be/ 2tzFiUgkrAc). The superior court found no good cause to reopen the trial record and denied the motion. Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. When possible, students travel to a judges courtroom The U.S. Supreme Court has ruled in favor of police officers in two cases involving qualified immunity, the controversial legal doctrine that protects police officers . MARIAH B., Supreme Court No. Request Copies in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer If you have any questions, please contact the court at (907) 874-2311 or send an email to 1WRmailbox@akcourts.gov. Accessibility policy and how to provide feedback. The Court began audio recording oral arguments in 1955. 0000001715 00000 n S-18306 Alaska Workers' Compensation Appeals Commission No. PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. 1. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). The assignment prepares students to be able to transfer those skills to legal research One current and two former legislators later sued to effectively set aside the governors veto. You can explore additional available newsletters here. The written findings of fact and conclusions of law recited almost verbatim its oral decision except that the court had calculated the precise amount of the equalization payment to $73,266.29.3. The Supreme Court Oral Arguments are broadcast for viewing on the Gavel Alaska website . See AS 25.24.150(g) (creating rebuttable presumption against awarding sole or joint custody to parent with history of perpetrating domestic violence). Sale of either property and payment of costs associated with the sale would not defeat the court's intent to award Krogman a greater portion of the marital estate because of her significantly smaller earning capacity. The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. Programs, Info for Contact us. S-17323 Superior Court No. (a) Composition of Record. system. Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. In her pleadings and motions Krogman made seemingly inconsistent statements about the trial and her marriage with Burns-Marshall. Wielechowski v. Alaska :: 2017 :: Alaska Supreme Court Decisions To be eligible for nomination, a candidate must be a U.S. citizen, a resident of Alaska for the last five years, licensed to practice in Alaska, and an actively practicing attorney for the last eight years. The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. Supreme Court Bar. Program (ANIROP), Recruitment and Retention of Contact your local cable provider for channel information. (Mother) v. State of Alaska DHSS, OCS, Estate of Molly Parks v. Petersburg Borough, William Chris Allen, & State of Alaska (Unpublished), AAA Concrete Construction, Inc. v. Richard Humphrey, Richard Humphrey v. Michael L. Mitchell and AAA Concrete Construction, Inc. (Unpublished), Hajjah Din f/k/a Raymond Leahy v. Earl Houser and James Duncan (Unpublished), Mark N. Wayson v. William E. Stevenson (Unpublished), Zachary Bryant McCann v. Jennifer Whitney McCann (Unpublished). If you are unsure which number to call for your hearing, please contact the court at (907) 463-4700 and hit 0 or send an email to 1JUmailbox@akcourts.gov to verify. for available lectures. The five supreme court justices, by majority vote, select one of their members to be the chief justice. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Compliance, Activities and S. Henderson. Wrangell customer service is modified to be appointment only. Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. Burns-Marshall worked seasonally as a pipe layer and found other temporary employment or collected unemployment compensation during the winter. PDF In the Superior Court for The State of Alaska Jury Service Burns-Marshall alleged that Krogman deliberately concealed her intended arguments before trial. Anthony V. Bennett v. Eugenia Bennett :: 2019 :: Alaska Supreme Court Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. ORAL ARGUMENTS. The public may watch proceedings on Gavel Alaska, but not attend in-person. 05/09/2023 9:30 am 20 Party Attorney Firm K. K. Public Defender Agency, Anchorage Rachel E. Cella State of Alaska, DHSS, API Laura Emily Wolff Department of Law S18351 City of Valdez v. UAA offers more than 100 degree and certificate programs that consistently prepare students for success after (e)Oral Argument. research teams and collaborate with experienced faculty mentors. But the hearing . On Wednesday, I had an oral argument "in" (virtually, unfortunately) the Alaska Supreme Court in our case arguing to uphold the state's law regulating SuperPACs, Patrick, et al., v. Alaska. 0000003828 00000 n Tab/Window, - Opens in New AVCG sought the States approval to create overriding royalty interests on the leases. In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. The following is a list of conference line numbers for each judge. J?* h 9$XDvf`5@HE=K[4# . State-of-the-art classroom instruction and hands-on learning collide in UAA's innovative academic 21-002 MEMORANDUM OPINION AND JUDGMENT* No. 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. 2. (ANSEP), Alaska ALASKA COURT RULES 2 210 Record on Appeal. Cruise Town. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Tools, Research Stay up-to-date with how the law affects your life. While its central location is in Anchorage, where it hears arguments monthly, the Alaska Supreme Court also hears arguments in Fairbanks, Juneau, and other locations less regularly. 375 0 obj <> endobj Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and v. Alaska, Division of Elections. Because the court recognized that it was unrealistic to expect the parties to cooperate to sell the properties, it awarded them to Burns-Marshall. Beal v. Beal, 88 P.3d 104, 117 (Alaska 2004); see Fortson v. Fortson, 131 P.3d 451, 461 (Alaska 2006); Tollefsen v. Tollefsen, 981 P.2d 568, 571-72 (Alaska 1999). 0 hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r The governor of Alaska appoints justices from lists of qualified candidates submitted to him or her by the Alaska Judicial Council, an independent seven-member commission composed of at least three lawyers and at least three non-lawyers from various parts of the state appointed on a non-partisan basis. go to law school will benefit from taking Legal Studies courses," Fortson says. In July the court issued its decree of divorce and its written findings of fact and conclusions of law. CINA/DL Parties: contact the court at (907) 822-3405 or email 3GLmailbox@akcourts.gov for call-in information. Alaska Supreme Court oral arguments - Alaska Court System - Facebook (5) Filing and Distribution. You're all set! They also can be removed, suspended, or censured at the discretion of the Supreme Court, based on a recommendation by the Alaska Commission on Judicial Conduct. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. Rule 77 - Motions, Alaska R. Civ. P. 77 | Casetext Search + Citator Cases are browsable by date and searchable by docket number, case title, and full text. hb``` cb%L A Public Discussion on Marijuana Law and Policy, No More Silence in the Dark: A Panel Discussion on Reducing Domestic Violence and Sexual Assault in Alaska, Traffic Stops: What To Expect From Police. Krogman opposed, arguing that Burns-Marshall was not required to sell either property. and Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . The court divided the marital property 60/40 in favor of the wife, awarded all of the real property to the husband, and ordered him to make an equalization payment. It is a principle, Metcalfe said. The court also changed the day of one of the scheduled weekly calls between Burns-Marshall and the child. Shortly before trial both parties filed trial briefs. Students thus learn proper document formatting and legal writing It found that Burns-Marshall's earning capacity of more than $100,000 per year was much greater than Krogman's $15,000, or even the $50,000 or $55,000 she could earn after completing her nursing degree. UAA strives to make its online experiences accessible. amazing university experience. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. The reason the State urged the adop-tion of the lower standard was because, "based on the 11. See what's Alaska. Learn more about FindLaws newsletters, including our terms of use and privacy policy. %PDF-1.6 % Legal Notices 0000012321 00000 n The court meets after oral argument and on a bi-weekly basis to confer on cases argued orally and on cases submitted on the briefs. PDF Alaska Rules of Court Outreach Program (ANIROP), Recruitment and Retention of Garden Talk. The District Court Criminal/Minor Offenses Meeting ID is used for all District Court criminal cases, regardless of which judge is presiding. Learn more about our Accessibility policy and how to provide feedback. Burns-Marshall failed to do any of these things; it was reasonable to find he was not entitled to introduce new evidence over a month after the court's decision.11. The Oral Argument in Patrick v. Alaska | by Lessig | Medium Burns-Marshall filed a motion for reconsideration of the superior court's property division, asking the court to consider the costs and risks involved in selling the property and to modify the property division by awarding Krogman the Homer lot or, alternatively, calculating the equalization payment based on the actual sale price. On the Friday of And that deadline is where lawmakers broke the promise made to state employees. But lawmakers also imposed a deadline for former employees who cashed out their retirement contributions when they left. The arguments are an opportunity for the Justices to ask questions directly of the attorneys This new classroom will expand the reach of the Legal Studies program into But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. assignment, students are expected to produce a document that looks like one that would ACLU v. Alaska - ACLU Brief in Reply to State's AK Supreme Court Appeal ) Supreme Court No. The court also found the incident where Krogman threw a picture frame at Burns-Marshall to be an incident of domestic violence but did not find that Krogman had committed any other domestic violence. It found Krogman more credible than Burns-Marshall and found by a preponderance of the evidence that multiple acts of domestic violence, including several incidents of sexual assault, had occurred. a.m.) CHIEF JUSTICE ROBERTS: We will hear argument first this morning in Case 20-543, Yellen versus the Confederated Tribes, and the consolidated case. Through Continuous Improvement, Cost of Attendance, Aid Types and Planning 0000007028 00000 n Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. But he could have avoided such a surprise: he could have conducted discovery before trial. In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. During the Supreme Court oral arguments about armative action in October 2022, Justice Elena Kagan asked, "[I]f you're a hospital and you serve a diverse group of patients, is it super important to you to have a diverse set of doctors?" All rights reserved. Justia Opinion Summary: Alaskas United States Representative Don Young died unexpectedly in March 2022. 4. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS.
alaska supreme court oral argument