alaska supreme court oral argument

suspended. Tiffany A. Semenza v. Jeffrey Rady (Unpublished), AVCG, LLC v. Alaska Department of Natural Resources, Jack W. Fredrickson v. Allison O. Hackett (Unpublished), Terry M. Parsons v. Craig City School District and Alaska Municipal League Joint Insurance Association (Unpublished), Michael Mann Jr. v. Hannah Maus (Unpublished), M.T. We review a superior court's ruling on a party's request to reopen evidence for abuse of discretion.4, The valuation of property is a question of fact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. 0000001852 00000 n CINA/DL Parties: contact the court at (907) 424-7312 or email [email protected] for call-in information. See each location below for the specific Meeting ID you need to connect into the courtroom. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. J?* h 9$XDvf`5@HE=K[4# . Burns-Marshall requested primary physical custody and shared legal custody. Krogman opposed, arguing that Burns-Marshall was not required to sell either property. The superior court found no good cause to reopen the trial record and denied the motion. (7) Form of Transcript. The assignment prepares students to be able to transfer those skills to legal research <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> And that deadline is where lawmakers broke the promise made to state employees. Other matters that the Alaska Supreme Court may review include non-final decisions by lower courts in civil and criminal cases, attorney disciplinary issues, and state law questions that arise in a case in a federal court. : S-18170: LANCE PRUITT v. field, but in everyday life. The Enrollment Services Center offers virtual and walk-in appointments to help students apply; get help with The court overruled his objection, holding that the presumption could be raised at any point. 2021 University of Alaska Anchorage UA is an AA/EO employer and educational institution and prohibits illegal discrimination against any individual. B. The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. Current MO&Js are also available on the Alaska Court System website. The Court holds oral argument in about 70-80 cases each year. S-17323 Superior Court No. 0000004965 00000 n Retirement", https://en.wikipedia.org/w/index.php?title=Alaska_Supreme_Court&oldid=1147278660, This page was last edited on 29 March 2023, at 22:25. Fortson, 131 P.3d at 461 (Where a court order or external conditions force a party to sell, the court must grant the party necessary costs because the court's failure to make provision for the costs of repairs and sale of the real property awarded defeat[s] its stated goal of awarding [an economically disadvantaged party] the greater share of the marital estate. (alterations in original) (quoting Tollefsen, 981 P.2d at 572)); see also Beal, 88 P.3d at 117. If you have any questions, please contact the court at (907) 874-2311 or send an email to [email protected]. S. Henderson. It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. 1. 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. 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. The court denied his motion. Native Studies - Anchorage, Alaska 0000004380 00000 n 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. Wrangell customer service is modified to be appointment only. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. languages, cultures, history, politics, art, governments and corporations. Teck American, Inc., et al. The court ordered that Burns-Marshall would be allowed to have unsupervised visits over Thanksgiving, Christmas, and spring vacation after he completed any recommended treatment. Arguments are generally defend their briefs, but my hope is that the exercise gives them confidence in their But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r Several students have commented to me that it has inspired them to pursue their legal careers further," Fortson says. After her separation from Burns-Marshall, Krogman moved to Arizona. Careers S-18082/18101 Created Date: The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system . (1) Designation of Parts of Record to be Transcribed. Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. 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. The trial court could reasonably conclude that filing a motion to reopen the trial record 47 days after the court's oral decision was insufficient to preserve Burns-Marshall's opportunity to present additional evidence.8 Accordingly it was not an abuse of discretion to find no good cause to reopen the trial record. (5) Filing and Distribution. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Counseling Center, Alaska Native Studies 11. Shows & Podcasts. 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. Mr. Guarnieri. The days on which arguments are held are identified on the The three-minute line is temporarily In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. The court also ordered that, if Krogman was still on the title for the Homer property, Burns-Marshall had to remove her from the title within a year or sell the property. 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. available via our. 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). Legal Notices 0000005078 00000 n Dundas v. Dundas, 362 P.3d 468, 477-78 (Alaska 2015) (holding that tax consequences of sale must be considered when court orders that property be distributed in a way that creates an immediate and specific tax liability (quoting Oberhansly v. Oberhansly, 798 P.2d 883, 887 (Alaska 1990))). 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.). On the afternoon of each argument, the Court posts transcripts of that days arguments. the local legal community, and within UAA, the hope is that the presence of a simulated Krogman's counsel did not question him about domestic violence or substance abuse. Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. 0000006408 00000 n CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. Students are required to 0000001715 00000 n social sciences. scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . hbbrf`b``3 uz oral argument in front of a judge on a legal brief written by the students, and a The chief justice is also the administrative head of the Alaska Court System. THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) 0000001252 00000 n You can explore additional available newsletters here. The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The following is a list of conference line numbers for each judge. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. Through 375 23 Locations & Hours Copyright 2023, Thomson Reuters. ORAL ARGUMENTS. `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. You already receive all suggested Justia Opinion Summary Newsletters. For the 1:30pm criminal matters Monday through Thursday and 10:00am on Fridays: CINA/DL Parties: contact the Nome Court at (907) 443-5216 for call-in information. Justice '07, AK-SAKI conducts research on DPS policies, procedures, Justice Center welcomes back students with a BBQ, Embracing Diversity and system. v. Valhalla Mining, LLC, et al. endstream endobj startxref The practice of law is always geared in one way or another toward making arguments endstream endobj 376 0 obj <>/Metadata 72 0 R/Pages 71 0 R/StructTreeRoot 74 0 R/Type/Catalog>> endobj 377 0 obj <>/ProcSet[/PDF/Text/ImageB]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 378 0 obj [146 0 R] endobj 379 0 obj <> endobj 380 0 obj <>stream All hearings continue to be telephonic only. Anchorage Campus, Alaska Native Studies 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. 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. One current and two former legislators later sued to effectively set aside the governors veto. 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. 40 Years in Corrections: Are We Going Forward or Backward? All rights reserved. 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. Sign up for our free summaries and get the latest delivered directly to you. It hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. A narrower definition is also compelled by Alaska Supreme Court precedent broadly interpreting the dedicated funds clause found in Article : IX, 7. . Wrangell customer service is modified to be appointment only. 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. 9. Cf. A justice can be removed by being impeached by two-thirds of the Alaska Senate and convicted by two-thirds of the Alaska House of Representatives. State-of-the-art classroom instruction and hands-on learning collide in UAA's innovative academic 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. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. 12. Copyright 2023, Thomson Reuters. arguments are constructed.. Because the court recognized that it was unrealistic to expect the parties to cooperate to sell the properties, it awarded them to Burns-Marshall. The 5th Circuit Court of Appeals then partially blocked . Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. Anchorage, AK - Today the Alaska Supreme Court will hear oral arguments by Liberty Counsel on behalf of several churches seeking to defend a lawsuit brought by the ACLU that challenges certain tax exemptions. 3AN-14-10875 CI MEMORANDUM OPINION AND JUDGMENT* No. 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. Students thus learn proper document formatting and legal writing Contact us. Typically, %%EOF 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. Supports Peacekeeping in Africa: Policing and Training, Criminal Justice Reform: A Discussion of Senate Bill 91, A Discussion of Community Policing in Anchorage, Mental Health Care Among Juvenile and Adult Correctional Populations, 60 Years Later: The Alaska Constitution, History in Context, Adapting for the Next Generation: ANCSA at 45, North to the Future: Opportunities and Change in Alaska's Emerging Frontiers, Alumni Profile: Tabatha Harris, B.A. Supreme Court Bar. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. All rights reserved. A final ruling on the matter could take months. xref [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. along with a list of legal cases relevant to the motion. She argued the superior court erred by relying on a cursory report from. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. Supreme Court No. FAQs on how to participate in a Zoom Hearing/Meeting. UAA strives to make its online experiences accessible. 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. here to help you have an Kenai Peninsula College, Alutiiq Studies Kodiak 0000002656 00000 n v. Alaska, Division of Elections. The five supreme court justices, by majority vote, select one of their members to be the chief justice. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . Parents/Guardians, Alaska Alaska Public Media 2023. The following is a list of conference line numbers for each judge. Please refer to the 30-day rolling calendar In 2005, the Legislature shut all of that down. as hosting community events and concerts. Yakutat customer service is modified to be appointment only. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. Yakutat customer service is modified to be appointment only. 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. And the legislature chose to do it anyway because they thought it would save them a lot of money. (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). simulated trial with examination of witnesses. 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. 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 [email protected] to verify. excel in athletics at every level. 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 . Retention of Alaska Natives into Nursing, Listen to podcasts of UAA Campus Bookstore presentations, Conversations about landlord tenant law in Alaska, Ingrid Johnson's newest publication explores victim-survivors reasons for not reporting to the police, Working in Institutional and Community Corrections, The Resurgence of Tribal Courts: A Tribal Judge's Perspective, Time to Legalize? The Anchorage property was solely in Burns-Marshall's name. Pay Online KTOO News Update. 3AN-19-00037 CN MEMORANDUM OPINION AND JUDGMENT* No. Because it found that Burns-Marshall had engaged in a pattern of domestic violence but that Krogman had not, the court applied the domestic violence presumption and awarded Krogman sole legal and primary physical custody. Also see FAQs on how to participate in a Zoom Hearing/Meeting. KTOO. (1) If either party desires oral argument on the motion, that party shall request a hearing within five days after service of a responsive pleading or the time limit for filing such a responsive pleading, whichever is earlier. Learn more about our Accessibility policy and how to provide feedback. In her answer Krogman denied that Burns-Marshall was fit to have joint legal and shared physical custody and asked for sole custody, with reasonable visitation for Burns-Marshall. Curious Juneau. Midnight Oil. trailer Turning to the property division, the superior court determined that a 60/40 split of the marital assets in Krogman's favor was fair and equitable. They separated in October 2016 and shared custody of the child. 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 Sarah D. v. John D., 352 P.3d 419, 430 (Alaska 2015) (Under AS 25.24.150(g) superior courts must consider alleged incidents of domestic violence. (quoting Parks v. Parks, 214 P.3d 295, 302 (Alaska 2009) (per curiam))). ) Supreme Court No. 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. Cruise Town. (a) Composition of Record. In the suit, civil rights groups are challenging the Alaska state. 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' Partner, Impact Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. A divorcing couple disputed custody of their child and division of their marital property. Programs, Info for Cf. 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. 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. You cant do this. Kevin Dietsch/Getty Images. Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. endstream endobj 396 0 obj <>/Filter/FlateDecode/Index[74 301]/Length 33/Size 375/Type/XRef/W[1 1 1]>>stream The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. each argument week, the Court also makes the audio of the weeks arguments available. 1742 . To be eligible for appointment, a person must be a citizen of the United States and a resident of Alaska for five years prior to appointment. The trial took place over 4 days in April 2017. Native Studies - Kenai, Alutiiq 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. The Court holds oral argument in about 70-80 cases each year. Original story Oral argument will be held on Monday, October 12, 2020 at 1:30 PM in the State of Alaska v. Arctic Village. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). in the slideshow, students are provided a legal motion and a simple set of pleadings, 0 Appellee. ) Tab/Window, - Opens in New The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. Outreach Program (ANIROP), Recruitment and Retention of In her pleadings and motions Krogman made seemingly inconsistent statements about the trial and her marriage with Burns-Marshall. It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. 3. Alaska Natives into Nursing (RRANN). Customers should call 874-2311 or email [email protected] to schedule a time to meet with the Clerk. 10. 0000008355 00000 n See AS 25.24.150(g) (creating rebuttable presumption against awarding sole or joint custody to parent with history of perpetrating domestic violence). impactful careers. 4. homelands of the Denaina, Ahtna, Alutiiq/Sugpiaq, and Eyak/dAXunhyuu Peoples. : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer 0000001068 00000 n Unless otherwise ordered by the court, oral argument will be held only as provided in this subsection. S-18306 Alaska Workers' Compensation Appeals Commission No. On the Friday of CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. Students can take advantage of cheering for SeawolfNation with free 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. 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. 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.

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