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. v. Alaska, Division of Elections. On the Friday of 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). 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 applied the factors listed in AS 25.24.150(c), finding that Krogman was better able to meet the child's needs, that the parties would not be able to cooperate, that Burns-Marshall had committed domestic violence, and that Burns-Marshall abused alcohol. Docket Search; Orders of the Court; . Krogman testified that Burns-Marshall had sexually assaulted her on a number of occasions and asked the court to apply the statutory presumption regarding domestic violence in its custody determination.1. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. draft a legal brief either supporting or opposing the motion. impactful careers. 166 0 obj <> endobj 8. Calendars Supreme Court Bar. We review a superior court's ruling on a party's request to reopen evidence for abuse of discretion.4, The valuation of property is a question of fact and is reviewed for clear error.5 The superior court's ultimate distribution of assets is reviewed for abuse of discretion, and will be reversed only if the distribution is clearly unjust.6. The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. UAA is the premier university in the heart of Alaska's largest city with campuses throughout financial aid, scholarships, and more. 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. You cant do this. the local legal community, and within UAA, the hope is that the presence of a simulated 0000005790 00000 n But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. The cafeteria and gift shop are 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. The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. After this initial election, each justice will go through another retention election every 10 years. Learn more about the, Want to know what course we're offering for the current and next semester? The three-minute line is temporarily Typically, hb``` cb%L The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. 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?" The thrust of their argument was that a 1976 constitutional amendment creating the Alaska Permanent Fund gave the legislature constitutional authority to pass laws dedicating use of Permanent Fund income without need for annual appropriations and, therefore, not subject to annual gubernatorial veto. 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 . 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. careers further, Fortson says. projects either in the legal field or in law school. I dont think the legislature or the governor should be willy-nilly trying to limit benefits, or freedom of speech, or anything else that is protected in the Constitution.. Stay up-to-date with how the law affects your life. All podcasts. In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native In 2005, the Legislature shut all of that down. 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. From academic advising to student clubs and residence life, we're 0000005682 00000 n Stay up-to-date with how the law affects your life. simulated trial with examination of witnesses. S. Henderson. Visit https://stream.akcourts.gov/. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. suspended. The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. 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. Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. 12. be filed in court. excel in athletics at every level. But that wasnt the point. Metcalfe said he doesnt really plan to work for the state a requirement for him to buy his way back into the Tier 1 benefit program. Although the superior court did not reach this question, the courts ultimate conclusion nevertheless was correct: the legislatures use of Permanent Fund income is subject to normal appropriation and veto budgetary processes. 3AN-14-10875 CI MEMORANDUM OPINION AND JUDGMENT* No. Kenai Peninsula College, Alutiiq Studies Kodiak October 11, 2022. Rikelman speaks to abortion rights supporters after the U.S. Supreme Court heard oral arguments on March 4, 2020 Alyssa SchukarCenter for Reproductive Rights/AP 'Concerning for the rule of law' 0000001742 00000 n 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. Until the creation of the court of appeals in 1980, the supreme court was also required to accept appeals from final decisions in criminal cases; now, however, the court of appeals fills this role, although the supreme court still has jurisdiction to exercise its discretion to accept appeals from decisions of the court of appeals (or upon certification from the court of appeals that the case involves a significant question of constitutional law or an issue of substantial public interest). Supreme Court blocks lower court decision in case on FDA approval of The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. [T]he superior court must consider sales costs when its property division is premised on an economically disadvantaged party being forced to sell a house.12 But that was not the case here: the court found that Burns-Marshall was the economically advantaged party and allowed him to decide whether to sell the property awarded to him.13. AK Supreme Court Opinions and Cases | FindLaw Krogman opposed, arguing that Burns-Marshall was not required to sell either property. All rights reserved. FAQs on how to participate in a Zoom Hearing/Meeting. CINA/DL Parties: contact the court at (907) 822-3405 or email 3GLmailbox@akcourts.gov for call-in information. Alaska Supreme Court Decisions :: Alaska Case Law - Justia Law There is little likelihood that the appeals court will substantially change its view after oral arguments in the case. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Court of Appeals Oral Argument Calendar April 2023 Anchorage, Boney Courthouse Date Time Minutes Case# Case Name Per Side A13622 Anthony Jenkins-Alexie v. State of Alaska 04/27/2023 9:30 am 30 Party Attorney Firm Anthony Jenkins-Alexie Public Defender Agency, Anchorage Emily L. Jura State of Alaska Donald Soderstrom Attorney General's Office Burns-Marshall testified that he had never sexually assaulted Krogman or been physically violent against her. Alaska Supreme Court oral arguments - Alaska Court System - Facebook own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court Alaska Supreme Court Hears Arguments on Churches' Request to Defend Tax (4) Time for Completion. 0000000016 00000 n HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+# CTF35b4N%r/yea\z_13@ pprM,-g=>qc0"bfA`$wgS8!ds{Gai uMm. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. The court ordered Burns-Marshall to make an equalization payment to Krogman. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. The Court holds oral argument in about 70-80 cases each year. 1. 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. Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! trailer (e)Oral Argument. The court accepted the parties stipulated values for their real property ($130,000 for the Anchorage condo and $120,000 for the Homer lot) and awarded both of the properties to Burns-Marshall. programs, which feature unique courses that train students to lead Alaska into the future. The court observed that Krogman would no longer have health insurance and that the disparity in the parties income required it to deviate from a 50/50 split. THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . The following is a list of conference line numbers for each judge. Forms 14. Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Jury Service 4. Legal Notices She contended the court erred by moving forward with an adjudication hearing without having, Justia Opinion Summary: A woman who suffered from schizophrenia appealed court orders authorizing her involuntary commitment and administration of psychotropic medication. UAA strives to make its online experiences accessible. v. representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. On the afternoon of each argument, the Court posts transcripts of that days arguments. A justice must be licensed to practice law in Alaska at the time of appointment and must have engaged in the active practice of law for eight years. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. The superior court is required to consider evidence of domestic violence in a child custody determination.9 The primary purpose of the statutory domestic violence presumption in child custody cases is to protect children from potentially adverse custody determinations in response to growing evidence that domestic violence has severe and long-lasting effects on children by ensuring that domestic violence [is] adequately and specifically included when courts analyzed a child's best interests.10 Krogman alleged a pattern of domestic violence by Burns-Marshall; it was appropriate and necessary for the court to consider it. scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. The court found that Burns-Marshall had an earning capacity of more than $100,000 per year, while Krogman's current earning capacity was around $15,000 per year and would likely be $50,000 to $55,000 per year after she obtained her nursing degree. Rule 77 - Motions, Alaska R. Civ. P. 77 | Casetext Search + Citator It recognized that there may be a problem funding the equalization payment and that Burns-Marshall would have to deal with that either by selling assets or by taking money, if he can, out of his pension retirement. The court also ordered Burns-Marshall to pay rehabilitative alimony of $1,000 per month for two years, and it awarded Krogman $7,500 in attorney's fees due to the economic disparity between the parties. Burns-Marshall also argues that the court did not provide a reasonable period for Burns-Marshall to sell the property before issuing a judgment and imposing interest. Yakutat customer service is modified to be appointment only. Copyright 2023, Thomson Reuters. In June Burns-Marshall filed a motion to reopen the trial record under Alaska Civil Rule 59 on the grounds that [he] had no notice of the issues to be tried and was unable to present relevant evidence as a result. He argued that he would have presented different evidence at trial if he had notice that Krogman would allege domestic violence and substance abuse. PDF Alaska Supreme Court, MOJ No. 1957 - cases.justia.com Minor, Alaska Native Science and Engineering Program In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). 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. Tollefsen, 981 P.2d at 572; cf. Native Studies - Kenai, Alutiiq Native Community Advancement in Psychology (ANCAP), Alaska Native, Krogman opposed, arguing that Burns-Marshall had waived any right to reopen discovery and that he had actual and constructive notice of the allegations of substance abuse and domestic violence. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. v. Valhalla Mining, LLC, et al. [1], The court originally consisted of two associate justices and a chief justice. Anchorage Campus, Alaska Native Studies AVCG sought the States approval to create overriding royalty interests on the leases. B. In November the court entered a partial final judgment against Burns-Marshall in the principal amount of $73,266.29 and attorney's fees in the amount of $7,500 plus statutory interest. 397 0 obj <>stream Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. Learn more about our Accessibility policy and how to provide feedback. The justices are appointed by the governor of Alaska from slates of candidates approved by the Alaska Judicial Council, an independent commission of Alaskan lawyers and lay citizens. 0 Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. : S-18170: LANCE PRUITT v. Slideshow: Legal studies students present oral arguments 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. 0000004965 00000 n They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. Matt Miller is a reporter at KTOO in Juneau. When possible, students travel to a judges courtroom The Alaska Legislature may change the court's procedural rules by passing an act expressing its intent to do so by a two-thirds majority of both houses. The Alaska Supreme Court consists of five justices. Language Assistance But the governor vetoed about half of the appropriation, and the legislature did not override the veto. Rule 505 - Oral Argument, Alaska R. App. P. 505 - Casetext Compliance, Activities and hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r The husband appeals the denial of his motion to reopen the evidence and the property division. Krogman then called three surrebuttal witnesses. defend their briefs, but my hope is that the exercise gives them confidence in their It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). Justice '07, AK-SAKI conducts research on DPS policies, procedures, Justice Center welcomes back students with a BBQ, Embracing Diversity and 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. 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. Innovation, Excellence %%EOF 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. The Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. PDF Supreme Court Oral Argument Calendar - Alaska amazing university experience. The supreme court has final state appellate jurisdiction in both civil and criminal law matters. If you have any questions, please contact the court at (907) 874-2311 or send an email to 1WRmailbox@akcourts.gov. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). It ordered Burns-Marshall to obtain a substance abuse assessment and comply with its recommendations, as well as to complete a domestic violence intervention program. the instructor in Trial and Advanced Litigation Processes. 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. They could requalify under Tier I as long as they returned to work by 2010 and paid back their cash out. PDF Supreme Court of The United States 0000009687 00000 n And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. Alaska Supreme Court sides with the Division of Elections, allowing In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. Anthony V. Bennett v. Eugenia Bennett :: 2019 :: Alaska Supreme Court Shortly before trial both parties filed trial briefs. 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. Krogman argued that she should have sole legal and exclusive physical custody, and alleged that Burns-Marshall did not care for the child's basic needs. %%EOF Locations & Hours Hearings & Trials - Alaska Court System system. this through requiring students to prepare for and participate in two hands on activitiesan 0000001372 00000 n This site is protected by reCAPTCHA and the Google. The public may watch proceedings on Gavel Alaska, but not attend in-person. Teck American, Inc., et al. Details. SCOTUS ruling on abortion pill isn't a victory, WA advocates say 0000006408 00000 n as hosting community events and concerts. Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. A final ruling on the matter could take months. such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. But the hearing .
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