Alaska R. App. available via our. 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. in the slideshow, students are provided a legal motion and a simple set of pleadings, Supreme Court Bar. The three-minute line is temporarily 18332, 18419: AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES: April 7, 2023: Supreme Court No. Supreme Court backs controversial defense for police in excessive force P. 505. (b) Preparation of Transcript. Please disregard any stray or handwritten markings on these copies. 0000009687 00000 n Search Cases, Glossaries / Legal Terms 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. Its 42-page preliminary order is based, in part, on the Comstock Act , a law . But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. Cruise Town. The chief justice holds that office for three years and may not serve consecutive terms. xref 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? 1. Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. Contact Us 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. Alaska Supreme Court, Opinion No. Details. 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. 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. 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. the local legal community, and within UAA, the hope is that the presence of a simulated The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. PDF In the Superior Court for The State of Alaska 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. The specific cases to be argued each day, and the attorneys scheduled to 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. Sitka. It awarded Burns-Marshall the $112,334.26 in debt on the Anchorage property and $57,008.39 in debt on the Homer property, and stated that Burns-Marshall could choose to keep or sell both properties.2. From academic advising to student clubs and residence life, we're We disagree. (ANSEP), Alaska In July the court issued its decree of divorce and its written findings of fact and conclusions of law. 0000001715 00000 n Please refer to the 30-day rolling calendar One current and two former legislators later sued to effectively set aside the governors veto. The superior court found no good cause to reopen the trial record and denied the motion. Midnight Oil. The court divided the property 60/40 in Krogman's favor because of the disparity in the parties earning capacity and because she would no longer have health insurance through Burns-Marshall's job. this through requiring students to prepare for and participate in two hands on activitiesan (e)Oral Argument. The email address cannot be subscribed. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. 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. Krogman worked at various jobs during the marriage. The parties filed a number of pretrial motions. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. Rule 77 - Motions, Alaska R. Civ. P. 77 | Casetext Search + Citator 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. But he could have avoided such a surprise: he could have conducted discovery before trial. 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. When a position needs to be filled, the Alaska Judicial Council will compile a list of nominees, from which the Governor of Alaska must choose the new justice within 45 days. Supreme Court No. 1742 . Court System Information RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. And having the chance to argue their brief in front of a judge is the reward recreation and more, facilitating once-in-a-lifetime experiences, groundbreaking education and 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. along with a list of legal cases relevant to the motion. %PDF-1.7 % Alaska Supreme Court oral arguments - Alaska Court System - Facebook 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. Self-Help Services: Appeals - Preparing for Oral Argument - Alaska For the oral argument assignment, pictured 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. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. Garden Talk. Calendars 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 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 court meets after oral argument and on a bi-weekly basis to confer on cases argued orally and on cases submitted on the briefs. Following briefing the superior court held oral argument in April 2021. . system. Explore the wide variety of services and resources available at UAA to help promote your When the legislature did this in 2005, there was a lot of pushback, I think, within the legal community, people giving advice, saying This is not right. AK Supreme Court Opinions and Cases | FindLaw Metcalfe had brief stints working for the state in 1972 and 1980 and qualified for what later was known as Tier I in PERS, or the Public Employees Retirement System. 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. 4. This new classroom will expand the reach of the Legal Studies program into Contact us. the Court holds two arguments each day beginning at 10:00 a.m., each lasting one hour. Burns-Marshall called five rebuttal witnesses who testified that Krogman had never told them that Burns-Marshall committed domestic violence or had a substance abuse problem. For CINA and Mental Commitment cases conference line information, please call the Ketchikan Court at 907-225-3195 extension 0. The superior court made oral findings on April 27. 16. All paperwork, except for initial filings, can be scanned (as a PDF file) to 1WRmailbox@akcourts.gov or faxed to (907) 874-3509. 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. Curious Juneau. A. 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. Legal Notices 8. Customers should email 1YAmailbox@akcourts.gov to schedule an appointment. 0000002547 00000 n Where culture, innovation and adventure converge, the unique (3) Preparation Not at Public Expense. 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))). (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). And maybe, nobody would do anything about it.. 0000004965 00000 n 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. v. Alaska, Division of Elections. 21-002 MEMORANDUM OPINION AND JUDGMENT* No. 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: But lawmakers also imposed a deadline for former employees who cashed out their retirement contributions when they left. Supreme Court blocks lower court decision in case on FDA approval of The court overruled his objection, holding that the presumption could be raised at any point. 40 Years in Corrections: Are We Going Forward or Backward? The recordings are maintained at The National Archives and Records Administration. The 5th Circuit Court of Appeals then partially blocked . Tools, Research On the afternoon of each argument, the Court posts transcripts of that days arguments. Hearings & Trials - Alaska Court System Native Community Advancement in Psychology (ANCAP), Alaska Native, Alaska. 9. Matt Miller is a reporter at KTOO in Juneau. 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 . The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college Meet the Lawyer in Charge of Saving Roe v. Wade | Time Copyright 2023, Thomson Reuters. Parents/Guardians, Alaska ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. The court denied the motion for reconsideration. The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. 0000002656 00000 n 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. PDF Alaska Rules of Court Inclusion, Excellence Through UAA is a comprehensive, open access, public university established on the ancestral Cf. Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. 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.). Stay up-to-date with how the law affects your life. 2. 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. The reason the State urged the adop-tion of the lower standard was because, "based on the 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. 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. PDF Alaska Supreme Court, MOJ No. 1953 - cases.justia.com All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. Justia Opinion Summary: Alaskas United States Representative Don Young died unexpectedly in March 2022. The assignment prepares students to be able to transfer those skills to legal research PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well 2021 University of Alaska Anchorage UA is an AA/EO employer and educational institution and prohibits illegal discrimination against any individual. For an exact broadcast schedule, visit the Gavel to Gavel website or contact them at 1-800-870-5866. S. Henderson. 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. AVCG sought the States approval to create overriding royalty interests on the leases. The public may watch proceedings on Gavel Alaska, but not attend in-person. Typically, PDF NEWS RELEASE: Live Streaming - Alaska S-18306 Alaska Workers' Compensation Appeals Commission No. You cant do this. 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 . Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. Availability of Oral Argument Transcripts, Chief Justice's Year-End Reports on the Federal Judiciary. 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). hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r 0000001252 00000 n The opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Guerin, et al. You already receive all suggested Justia Opinion Summary Newsletters. Through The court denied the motion for reconsideration. 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 . Courts yearly calendar. Alaska Supreme Court Hears Arguments on Churches' Request to Defend Tax 0000000016 00000 n Sitka Tribe of Alaska's herring appeal heard before state's Supreme Court open to the public. After her separation from Burns-Marshall, Krogman moved to Arizona. Appellee. ) Students thus learn proper document formatting and legal writing 10. in front of a judge or jury. You already receive all suggested Justia Opinion Summary Newsletters. 14. oral argument in front of a judge on a legal brief written by the students, and a 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. 0 Several students have commented to me that it has inspired them to pursue their legal 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. S-18026 Superior Court No. endstream endobj startxref Gavel Alaska - Supreme Court - KTOO 0000012321 00000 n 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. College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native 0000005790 00000 n each argument week, the Court also makes the audio of the weeks arguments available. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! 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. After this initial election, each justice will go through another retention election every 10 years. 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. 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 five supreme court justices, by majority vote, select one of their members to be the chief justice. Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. The wife alleged for the first time during trial that the husband had engaged in a pattern of domestic violence. The arguments are an opportunity for the Justices to ask questions directly of the attorneys Request Copies 7. Shortly before trial both parties filed trial briefs. Mr. Guarnieri. All podcasts. 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. Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. All rights reserved. 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 court usually announces its decisions of the cases by issuing opinions for official publication (in Westlaw, the Pacific Reporter and the Alaska Reporter) as well as memorandum opinions and judgments (MO&Js) and orders summarily ruling on the merits of cases or dismissing them. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. Alaska Natives into Nursing (RRANN). Also see FAQs on how to participate in a Zoom Hearing/Meeting. CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. %PDF-1.6 % Represent Yourself Students really appreciate appearing before an actual judge and receiving feedback. (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. 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. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . the instructor in Trial and Advanced Litigation Processes. Supreme Court Nos. PDF Court of Appeals Oral Argument Calendar - Alaska 0000001742 00000 n 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. 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. Wrangell customer service is modified to be appointment only. Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and 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. style. simulated trial with examination of witnesses. 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. 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 . | Alaska Insight, Litter of wolverine kits brings adorable triple threat to Alaska Zoo. graduation. excel in athletics at every level. 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. 1916 - August 31, 2022 Appeal from the . 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. Krogman's counsel did not question him about domestic violence or substance abuse. The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. 3AN-17-05729 CI ) MEMORANDUM OPINION ) AND JUDGMENT* 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. In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. Hearings will no longer be streamed on YouTube. hb``` cb%L Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). students to explore in depth a complicated legal issue and really examine how legal I was very pleased to learn that on Friday, the [Alaska] Supreme Court reaffirmed the Constitution, that its not constitutional for the legislature to try just, by legislation, overcome a promise in the Constitution, said Peter Metcalfe of Juneau, who brought the suit. A divorcing couple disputed custody of their child and division of their marital property. 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 chief justice is also the administrative head of the Alaska Court System. Anthony V. Bennett v. Eugenia Bennett :: 2019 :: Alaska Supreme Court The court prefers to hear oral arguments in the city where the case was heard in the trial court. in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer 0000008355 00000 n Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. Cf. Docket Search; Orders of the Court; . Furthermore, the superior court is only required to consider the cost of sale of awarded property in a property division when the sale is certain and the direct result of the property division.14 Here the court acknowledged that Burns-Marshall could decide whether to sell or keep the properties, even though it recognized that Burns-Marshall would likely have to sell or liquidate some assets to make the equalization payment. Contact your local cable provider for channel information. UAA is the premier university in the heart of Alaska's largest city with campuses throughout 0000001372 00000 n 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' Teck American, Inc., et al. Burns-Marshall affirmatively stated that two hours of additional trial time for rebuttal should be more than enough to present his rebuttal witnesses.7 Burns-Marshall did nothing to suggest that he wished to present additional evidence after presenting his rebuttal and sur-surrebuttal. 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. In addition, the supreme court may, at its discretion, hear petitions from non-final decisions by lower courts or original applications in matters in which relief is not otherwise available, including admission to the bar association and attorney discipline matters, as well as questions of state law certified from the United States federal courts.
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