(2) Preparation at Public Expense. 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. [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. Current MO&Js are also available on the Alaska Court System website. 0000004380 00000 n 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. The court ordered Burns-Marshall to make an equalization payment to Krogman. careers further, Fortson says. When Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. Alaska R. App. 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. J?* h 9$XDvf`5@HE=K[4# . 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. Sitka Tribe of Alaska's herring appeal heard before state's Supreme Court KTOO News Update. It hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. 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. Kevin Dietsch/Getty Images. 0 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. Alaska Supreme Court sides with the Division of Elections, allowing A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Their only child was born in 2011. Several students have commented to me that it has inspired them to pursue their legal careers further," Fortson says. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. After more than three hours of oral arguments in a single case last week, Supreme Court Chief Justice John Roberts uttered the traditional closer, "The case is submitted.". for all of their hard work," Fortson says. 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. Sitka. 15. The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Alaska legislators apologize after breaking COVID rules by bringing friends for ping-pong, basketball at Capitol gym, Alaska sues PFAS makers as lawmakers seek broader action from regulators, Army grounds aviators for training after fatal crashes in Alaska and Kentucky, How do electric vehicles perform in Alaska? 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 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). And maybe, nobody would do anything about it.. 40 Years in Corrections: Are We Going Forward or Backward? A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Alaska. You're all set! Copyright 2023, Thomson Reuters. "Students really appreciate appearing before an actual judge and receiving feedback. 0000006408 00000 n as hosting community events and concerts. Sale of either property and payment of costs associated with the sale would not defeat the court's intent to award Krogman a greater portion of the marital estate because of her significantly smaller earning capacity. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. Language Assistance 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. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). 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. in front of a judge or jury. 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. along with a list of legal cases relevant to the motion. 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. The husband filed a motion to reopen the evidence regarding domestic violence and substance abuse more than a month after the court's oral decision. Krogman's counsel did not question him about domestic violence or substance abuse. : S-18170: LANCE PRUITT v. The Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. All rights reserved. Contact Us For CINA and Mental Commitment cases conference line information, please call the Ketchikan Court at 907-225-3195 extension 0. Represent Yourself Availability of Oral Argument Transcripts, Chief Justice's Year-End Reports on the Federal Judiciary. the instructor in Trial and Advanced Litigation Processes. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. Anchorage Baptist Temple (ABT) and other churches are seeking to intervene in two lawsuits brought by the ACLU and some Alaska . You can explore additional available newsletters here. Alaska Supreme Court rules that absentee voters won't need witnesses - KTOO The assignment prepares students to be able to transfer those skills to legal research From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to 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. Please refer to the 30-day rolling calendar Search Cases, Glossaries / Legal Terms and other impacts were raised during oral argument. Tab/Window, - Opens in New Native Studies - Kenai, Alutiiq 0000005790 00000 n hbbrf`b``3 uz 0000011006 00000 n Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. Students thus learn proper document formatting and legal writing ) Supreme Court No. Copyright 2023, Thomson Reuters. 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. And that deadline is where lawmakers broke the promise made to state employees. 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. Site Index ) ) ) ) ) ) ) ) ) Supreme Court No. The wife alleged for the first time during trial that the husband had engaged in a pattern of domestic violence. 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? Contact us. Krogman testified that there had been incidents of domestic violence both before and during their marriage. Tools, Research 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. ability to think through and explain the law, says associate professor Ryan Fortson, UAA is a hub for cutting-edge theoretical and applied research in health, engineering, and the physical and The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. 3AN-19-00037 CN MEMORANDUM OPINION AND JUDGMENT* No. But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. October 11, 2022. 0000001252 00000 n Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. startxref The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college 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. PDF Alaska Supreme Court, MOJ No. 1957 - cases.justia.com The specific cases to be argued each day, and the attorneys scheduled to for oral argument, but in the near future, the Legal Studies program will have its 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. Where culture, innovation and adventure converge, the unique The superior court found no good cause to reopen the trial record and denied the motion. Wielechowski v. Alaska :: 2017 :: Alaska Supreme Court Decisions go to law school will benefit from taking Legal Studies courses," Fortson says. (a) Composition of Record. (7) Form of Transcript. Tab/Window, Embracing the Court holds two arguments each day beginning at 10:00 a.m., each lasting one hour. It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). A weekly Alaska news email from KTOO. Wrangell customer service is modified to be appointment only. graduation. Because the court recognized that it was unrealistic to expect the parties to cooperate to sell the properties, it awarded them to Burns-Marshall. %%EOF (this link has information about court calendars for different locations around the state). 5. %PDF-1.6 % 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. UAA is the premier university in the heart of Alaska's largest city with campuses throughout own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court Cf. Anchorage Campus, Alaska Native Studies 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. Alaska Natives into Nursing (RRANN). When possible, students travel to a judges courtroom 0000003205 00000 n 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. Hearings & Trials - Alaska Court System 1916 - August 31, 2022 Appeal from the . On the Friday of Cf. in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. S-18306 Alaska Workers' Compensation Appeals Commission No. system. 0000002547 00000 n ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. Sign up for our free summaries and get the latest delivered directly to you. funding options. tickets to many games. impactful careers. In her testimony Krogman criticized Burns-Marshall's parenting, alleging that he did not take care of their child's hygiene or safety, made homophobic and racist comments in front of the child, and did not support her relationship with the child. 0000001742 00000 n 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. arguments are constructed.. 0 The high court's order halts a decision from Texas-based U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump who earlier this month ruled against the FDA's 2000 approval of mifepristone, in response to a lawsuit brought by right-wing activists ultimately aiming to end abortion care nationwide.. Argument Transcripts - Supreme Court of the United States 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. 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. 7. 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). Hearings will no longer be streamed on YouTube. You can explore additional available newsletters here. PDF Alaska Supreme Court, MOJ No. 1953 - cases.justia.com their brief in front of an actual judge. [1], The court originally consisted of two associate justices and a chief justice. 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. 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. In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. UAA is a comprehensive, open access, public university established on the ancestral 4. Alaska Supreme Court oral arguments - Alaska Court System - Facebook The husband appeals the denial of his motion to reopen the evidence and the property division. Curious Juneau. Parents/Guardians, Alaska The cafeteria and gift shop are Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. 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. 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. students to explore in depth a complicated legal issue and really examine how legal Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. 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. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. The recordings are maintained at The National Archives and Records Administration. In July the court issued its decree of divorce and its written findings of fact and conclusions of law. by Ahliil Saitanan | each argument week, the Court also makes the audio of the weeks arguments available. 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 . One current and two former legislators later sued to effectively set aside the governors veto. See each location below for the specific Meeting ID you need to connect into the courtroom. 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. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system . 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. S. Henderson. The court denied the motion for reconsideration. The decision provides a second chance for many as 78,000 Alaskans to get back into the states coveted and most generous retirement plan. PDF Supreme Court of The United States Appellee. ) Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. (a)Oral Argument; Requests for Oral Argument. Two retired justices were brought in to hear it. Alaska Public Media 2023. 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. We disagree. SCOTUS ruling on abortion pill isn't a victory, WA advocates say 0000001372 00000 n such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). recreation and more, facilitating once-in-a-lifetime experiences, groundbreaking education and 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. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) courtroom will encourage more students to experience Legal Studies courses. Cases are browsable by date and searchable by docket number, case title, and full text. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. 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. 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. and 8. Once a justice has been selected, they will serve for at least three years, and then Alaska citizens will vote on whether the justice should be retained. 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. They also can be removed, suspended, or censured at the discretion of the Supreme Court, based on a recommendation by the Alaska Commission on Judicial Conduct. The court meets after oral argument and on a bi-weekly basis to confer on cases argued orally and on cases submitted on the briefs. 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. She also testified that Burns-Marshall had substance abuse issues throughout their relationship. 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. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! But he could have avoided such a surprise: he could have conducted discovery before trial. representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. UAA offers more than 100 degree and certificate programs that consistently prepare students for success after 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' 11. 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. 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.). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. Outreach Program (ANIROP), Recruitment and Retention of The court denied his motion. MARIAH B., Supreme Court No. "Public speaking and critical thinking skills are important not just in the legal Conference line (toll free): 1-888-788-0099 hbbd``b`AD6`y$$A - F!+hO0012YT"3|0 w( This site is protected by reCAPTCHA and the Google. Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, The court overruled his objection, holding that the presumption could be raised at any point. Supreme Court Rules to Protect Access to the Abortion Pill For Now AVCG sought the States approval to create overriding royalty interests on the leases. PDF THE SUPREME COURT OF THE STATE OF ALASKA TECK AMERICAN INCORPORATED and
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