0000001068 00000 n Represent Yourself endstream endobj startxref The cafeteria and gift shop are The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. Curious Juneau. Search Cases, Glossaries / Legal Terms Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. Matt Miller is a reporter at KTOO in Juneau. CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. Arguments are generally 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 court denied the motion for reconsideration. recreation and more, facilitating once-in-a-lifetime experiences, groundbreaking education and Parents/Guardians, Alaska projects either in the legal field or in law school. 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 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.. hbbd``b`AD6`y$$A - F!+hO0012YT"3|0 w( Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. All podcasts. But the hearing . The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. The court also found in the alternative that it would have awarded Krogman sole legal and primary physical custody based upon its consideration of the child's best interests. The superior court made oral findings on April 27. S-18306 Alaska Workers' Compensation Appeals Commission No. For the written portion of the 0000001715 00000 n Tools, Research 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. Choate said the decision applies to any former employee who cashed out and has yet to return to work and those who already returned to work under a less-generous retirement plan. 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. 10. In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). This site is protected by reCAPTCHA and the Google. xref simulated trial with examination of witnesses. From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. A divorcing couple disputed custody of their child and division of their marital property. 8. Stay up-to-date with how the law affects your life. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. ) ) ) ) ) ) ) ) ) Supreme Court No. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. 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. such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). P. 505. 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. Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. Partner, Impact 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. CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. Krogman's counsel did not question him about domestic violence or substance abuse. On the Friday of After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. You cant do this. 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. arguments are constructed.. The Court may hear an appeal of a criminal case if the lower court certifies that it involves an issue of substantial public interest or a significant question of constitutional law. S-17323 Superior Court No. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. Copyright 2023, Thomson Reuters. 1916 - August 31, 2022 Appeal from the . 0000008355 00000 n 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 began audio recording oral arguments in 1955. Tab/Window, - Opens in New See each location below for the specific Meeting ID you need to connect into the courtroom. (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. Alaska Natives into Nursing (RRANN), Recruitment 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've adopted a different strategy in this case from, say, Lieu v. FEC: Our aim is to argue to the originalists on the United States Supreme . Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. Site Index 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. go to law school will benefit from taking Legal Studies courses," Fortson says. If you have any questions, please contact the court at (907) 772-3824 and hit 0 or send an email to 1PEmailbox@akcourts.gov, If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. The public may watch proceedings on Gavel Alaska, but not attend in-person. students to explore in depth a complicated legal issue and really examine how legal 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. (this link has information about court calendars for different locations around the state). 16. Cruise Town. 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 Trial and Advanced Litigation Processes (LEGL A487) embraces Alaska R. App. The Supreme Court Oral Arguments are broadcast for viewing on the Gavel Alaska website . Two retired justices were brought in to hear it. Its contrary to the Constitution, Choate recalled. tickets to many games. Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. v. Alaska, Division of Elections. 0000001852 00000 n 0000003828 00000 n Burns-Marshall testified that he had never sexually assaulted Krogman or been physically violent against her. Anchorage Campus, Alaska Native Studies Their only child was born in 2011. 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 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. 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). %%EOF Midnight Oil. 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. Its 42-page preliminary order is based, in part, on the Comstock Act , a law . The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. Request Copies Krogman testified that there had been incidents of domestic violence both before and during their marriage. See what's 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. The email address cannot be subscribed. In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. Even students who do not want to become paralegals or 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. 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. assignment, students are expected to produce a document that looks like one that would A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). 2. Inclusion, Excellence Through 14. Also see FAQs on how to participate in a Zoom Hearing/Meeting. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. (a) Composition of Record. Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. Locations & Hours THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. Dundas, 362 P.3d at 478-80 (finding that tax consequences had to be considered for equipment sold before property division, property already in process of being sold at time of trial, and property that court approved sale of before trial). The Court holds oral argument in about 70-80 cases each year. Shortly before trial both parties filed trial briefs. Innovation, Excellence UAA offers more than 100 degree and certificate programs that consistently prepare students for success after Courts yearly calendar. 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 . 11. Burns-Marshall testified that he and Krogman were both great parents and that neither of them had substance abuse problems or had committed domestic violence. Terms of Use, Coordinated Resources Project /CRP/Mental Health Court, The District Court Criminal/Minor Offenses, Defendants who are in Ketchikan are expected to appear in person for criminal hearings. The following is a list of conference line numbers for each judge. Courtroom seating is available Mr. Guarnieri. "Public speaking and critical thinking skills are important not just in the legal All hearings continue to be telephonic only. The practice of law is always geared in one way or another toward making arguments 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. trailer Forms Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, B. The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. 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. Please refer to the 30-day rolling calendar Burns-Marshall objected to Krogman's request to apply the domestic violence presumption, arguing that it was inappropriate to invoke without raising it in her original answer as a counterclaim. Alaska Supreme Court Oral Arguments Media Player Error Oral Arguments: Allen v. Phillips Petroleum, S-8690 Allen appeals a denial for compulsory unitization of two oil and gas leases. Shows & Podcasts. Students thus learn proper document formatting and legal writing Contact us. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system . The court denied the motion for reconsideration. Wright v. Black, 856 P.2d 477, 480 (Alaska 1993) (concluding that appellant had waived right to object to his lack of notice that paternity would be at issue at child support modification hearing because he failed to object when the master announced at the beginning of the hearing that he would resolve the paternity issue, asked if anyone had a problem with his taking testimony on both issues, [and] directed his questions to the paternity issue), overruled on other grounds by B.E.B. hbbrf`b``3 uz Conference line (toll free): 1-888-788-0099 A weekly Alaska news email from KTOO. The Alaska Supreme Court will hear oral arguments in a lawsuit filed by independent U.S. House candidate Alyse Galvin Friday beginning at 1:15 p.m. Galvin, an independent candidate, won the . along with a list of legal cases relevant to the motion. In nearly every discipline, undergraduate and graduate students have the opportunity to join College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native 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. 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. Cases are browsable by date and searchable by docket number, case title, and full text. Burns-Marshall asserted that two hours on the additional day of trial would be sufficient to present his rebuttal. Krogman then called three surrebuttal witnesses. own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court Cf. Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. 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. Contact us. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (4) Time for Completion. homelands of the Denaina, Ahtna, Alutiiq/Sugpiaq, and Eyak/dAXunhyuu Peoples. Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. You already receive all suggested Justia Opinion Summary Newsletters. Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. The three-minute line is temporarily in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer The court prefers to hear oral arguments in the city where the case was heard in the trial court. 4. Oral arguments this semester took place From academic advising to student clubs and residence life, we're The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. Appellee. ) v. Valhalla Mining, LLC, et al. here to help you have an Because the husband waived any argument that he should be allowed to present additional evidence and the court did not abuse its discretion in its property division, we affirm. %PDF-1.7 % 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. Native Community Advancement in Psychology (ANCAP), Alaska Native, The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well But lawmakers also imposed a deadline for former employees who cashed out their retirement contributions when they left. KTOO. Livestream Hearings can be viewed at: https://stream.akcourts.gov/. Students must then argue 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 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. All rights reserved. available via our. The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. Burns-Marshall argues that the court abused its discretion by failing to take into account the costs and risks associated with selling the real property it awarded to him and that it therefore clearly erred in its valuation of the property. 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. Alternate conference lines (toll free): 1-877-853-5247 or 1-833-548-0276 or 1-833-548-0282, See also Court Calendars, Court Directory, Filing Instructions, Search Cases. Pay Online programs, which feature unique courses that train students to lead Alaska into the future. 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. Accessibility policy and how to provide feedback. 7. THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) While the court's property division made it likely that Burns-Marshall would have to sell or liquidate some property to make the equalization payment to Krogman, the sale of the real property was not so certain as to require the court to consider the consequences of its sale.15 Under these circumstances, it was not an abuse of discretion to award Burns-Marshall the property without considering the costs of sale.16. Studies - Kodiak, Alaska Native Business Management 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. scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. Garden Talk. For the oral argument assignment, pictured But the governor vetoed about half of the appropriation, and the legislature did not override the veto. In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. Through Continuous Improvement, Cost of Attendance, Aid Types and Planning Outreach Program (ANIROP), Recruitment and Retention of Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. See Kollander v. Kollander, 400 P.3d 91, 94 n.3 (Alaska 2017) (Because [appellant] addresses these issues only cursorily and does not cite to authority for either argument, we consider them waived.). Krogman opposed, arguing that Burns-Marshall was not required to sell either property. KTOO News Update. 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. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. Cf. Cf. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. Contact Us 375 0 obj <> endobj in the slideshow, students are provided a legal motion and a simple set of pleadings, 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. 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. TECK AMERICAN INCORPORATED STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES v. VALHALLA MINING LLC, IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough, AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, LANCE PRUITT v. STATE OF ALASKA OFFICE OF LT GOVERNOR KEVIN MEYER DIVISION OF ELECTIONS GAIL FENUMIAI ELIZABETH HODGES SNYDER, MIRANDA v. DEPARTMENT OF HEALTH SOCIAL SERVICES OFFICE OF CHILDREN SERVICES. (ANSEP), Alaska For CINA and Mental Commitment cases conference line information, please call the Ketchikan Court at 907-225-3195 extension 0. ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. and other impacts were raised during oral argument. "Students really appreciate appearing before an actual judge and receiving feedback. Kevin Dietsch/Getty Images. You can explore additional available newsletters here. 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))). (1) Designation of Parts of Record to be Transcribed. 0000007028 00000 n THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. FAQs on how to participate in a Zoom Hearing/Meeting. The chief justice is also the administrative head of the Alaska Court System. All rights reserved. - Opens in New She also testified that Burns-Marshall had substance abuse issues throughout their relationship. Following briefing the superior court held oral argument in April 2021. . Alaska Public Media 2023. Counseling Center, Alaska Native Studies Sign up for our free summaries and get the latest delivered directly to you. S. Henderson. 0000000771 00000 n 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. 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. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. The public is welcome to attend appellate court oral arguments in person. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . 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. 375 23 This assignment requires (2) Preparation at Public Expense. Even if he had not done so, he could have asked for a continuance of the trial to conduct discovery when Krogman raised the issue, or he could have filed a timely motion to reopen the evidence following the court's application of the presumption against him. (7) Form of Transcript. Legal Notices You can explore additional available newsletters here. Although the MO&Js and most orders are not published, the MO&Js are available for public inspection at the Anchorage, Fairbanks, and Juneau offices of the clerk of the appellate courts, and the orders are filed in the clerk's Anchorage office. The husband appeals the denial of his motion to reopen the evidence and the property division. 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.
Pros And Cons Of Living In Tonga,
30 Day Weather Forecast Calistoga, Ca,
Does Emirates Fly Over Ukraine,
Articles A