When possible, students travel to a judges courtroom FAQs on how to participate in a Zoom Hearing/Meeting. Alaska Supreme Court, Opinion No. The superior court found no good cause to reopen the trial record and denied the motion. draft a legal brief either supporting or opposing the motion. 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?" and 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. 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. In July the court issued its decree of divorce and its written findings of fact and conclusions of law. The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. 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. KTOO News Update. 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. 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. P. 505. Krogman testified that there had been incidents of domestic violence both before and during their marriage. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. Southcentral Alaska. The Court of Appeals Oral Arguments are streamed live and are not archived for viewing later. simulated trial with examination of witnesses. programs, which feature unique courses that train students to lead Alaska into the future. 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 . 12. 0000001852 00000 n And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. 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. Podcasts. such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. The assignment prepares students to be able to transfer those skills to legal research Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. The court denied the motion for reconsideration. 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. 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? 3. Compliance, Activities and ability to think through and explain the law, says associate professor Ryan Fortson, Explore the wide variety of services and resources available at UAA to help promote your 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. CINA/DL Parties: contact the court at (907) 822-3405 or email 3GLmailbox@akcourts.gov for call-in information. The court overruled his objection, holding that the presumption could be raised at any point. The reason the State urged the adop-tion of the lower standard was because, "based on the Hearings will no longer be streamed on YouTube. The court denied the motion for reconsideration. ) ) ) ) ) ) ) ) ) Supreme Court No. 21-002 MEMORANDUM OPINION AND JUDGMENT* No. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. Krogman then called three surrebuttal witnesses. hb``` cb%L Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. October 11, 2022. The narrow question this case presented for the Alaska Supreme Court's review was whether the 1976 amendment to the Alaska Constitution exempted the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. The court denied his motion. UAA is a comprehensive, open access, public university established on the ancestral Integrity & Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. Burns-Marshall asserted that two hours on the additional day of trial would be sufficient to present his rebuttal. 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. 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. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. The trial took place over 4 days in April 2017. Supreme Court Oral Argument Calendar May 2023 Anchorage, Boney Courthouse Case Name Date Time Minutes Case# Per Side S18050 Hospitalization of K.K. 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. 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. Yakutat customer service is modified to be appointment only. 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. (2) Preparation at Public Expense. A weekly Alaska news email from KTOO. Because the court recognized that it was unrealistic to expect the parties to cooperate to sell the properties, it awarded them to Burns-Marshall. (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). Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! Search Cases, Glossaries / Legal Terms The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. : S-18170: LANCE PRUITT v. %%EOF Several students have commented to me that it has inspired them to pursue their legal careers further," Fortson says. Cruise Town. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Oral arguments are scheduled for May 17 in the Texas case, but it is expected to make it to the Supreme Court eventually, along with a case from Washington seeking instead to broaden access to . Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. 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 $7,500 plus statutory interest. Two retired justices were brought in to hear it. You cant do this. They owned a condominium in Anchorage and a vacant lot in Homer. 0000011006 00000 n I know that students get nervous standing in front of a real judge and having to The specific cases to be argued each day, and the attorneys scheduled to The court ordered that Burns-Marshall would be allowed to have unsupervised visits over Thanksgiving, Christmas, and spring vacation after he completed any recommended treatment. 8. by Ahliil Saitanan | J?* h 9$XDvf`5@HE=K[4# . Alaska R. App. 397 0 obj <>stream R.L.B., 979 P.2d 514 (Alaska 1999). v. Valhalla Mining, LLC, et al. 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. The email address cannot be subscribed. 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. They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. 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. courtroom will encourage more students to experience Legal Studies courses. 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.. The chief justice is also the administrative head of the Alaska Court System. Request Copies (a) Composition of Record. 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. system. startxref Anchorage Baptist Temple (ABT) and other churches are seeking to intervene in two lawsuits brought by the ACLU and some Alaska . 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. 0000006408 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' 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. Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. 180 0 obj <>/Filter/FlateDecode/ID[<165A4196B83FBD4C8B5F2921154FFD01>]/Index[166 32]/Info 165 0 R/Length 76/Prev 274855/Root 167 0 R/Size 198/Type/XRef/W[1 2 1]>>stream Superior Court Judge Lybrand (See above note regarding. funding options. Native Studies - Anchorage, Alaska The supreme court has final state appellate jurisdiction in both civil and criminal law matters. S-18306 Alaska Workers' Compensation Appeals Commission No. Justice '07, AK-SAKI conducts research on DPS policies, procedures, Justice Center welcomes back students with a BBQ, Embracing Diversity and 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. The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. Krogman worked at various jobs during the marriage. The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. 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. Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. Court of Appeals Oral Argument Calendar April 2023 Anchorage, Boney Courthouse Date Time Minutes Case# Case Name Per Side A13622 Anthony Jenkins-Alexie v. State of Alaska 04/27/2023 9:30 am 30 Party Attorney Firm Anthony Jenkins-Alexie Public Defender Agency, Anchorage Emily L. Jura State of Alaska Donald Soderstrom Attorney General's Office Burns-Marshall testified that he and Krogman were both great parents and that neither of them had substance abuse problems or had committed domestic violence. 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. In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. along with a list of legal cases relevant to the motion. 10. success and well-being. Forms Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, The arguments are an opportunity for the Justices to ask questions directly of the attorneys 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). UAA offers more than 100 degree and certificate programs that consistently prepare students for success after THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. Wrangell customer service is modified to be appointment only. the Court holds two arguments each day beginning at 10:00 a.m., each lasting one hour. The following is a list of conference line numbers for each judge. research teams and collaborate with experienced faculty mentors. 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. 9. But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. Alaska Public Media 2023. Partner, Impact 0000004965 00000 n 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))). students to explore in depth a complicated legal issue and really examine how legal Sign up for our free summaries and get the latest delivered directly to you. She argued the superior court erred by relying on a cursory report from. academic and personal When For CINA and Mental Commitment cases conference line information, please call the Ketchikan Court at 907-225-3195 extension 0. 0000001742 00000 n 11. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. Jury Service 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 . Supreme Court Bar. The husband appeals the denial of his motion to reopen the evidence and the property division. 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. ALASKA COURT RULES 2 210 Record on Appeal. 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 $55,000 per year after she obtained her nursing degree. 0000004380 00000 n (7) Form of Transcript. 0000001372 00000 n The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. a.m.) CHIEF JUSTICE ROBERTS: We will hear argument first this morning in Case 20-543, Yellen versus the Confederated Tribes, and the consolidated case. But the governor vetoed about half of the appropriation, and the legislature did not override the veto. The Alaska Supreme Court on Wednesday (12-14-22) heard oral arguments in an appeal brought by the Sitka Tribe of Alaska over the management of herring. HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+# CTF35b4N%r/yea\z_13@ pprM,-g=>qc0"bfA`$wgS8!ds{Gai uMm. Parents/Guardians, Alaska amazing university experience. 0000003205 00000 n Following briefing the superior court held oral argument in April 2021. . But that wasnt the point. B. If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. 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 . (a)Oral Argument; Requests for Oral Argument. Stay up-to-date with how the law affects your life. And maybe, nobody would do anything about it.. 40 Years in Corrections: Are We Going Forward or Backward? AVCG sought the States approval to create overriding royalty interests on the leases. own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court In her pleadings and motions Krogman made seemingly inconsistent statements about the trial and her marriage with Burns-Marshall. 1. 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. ) Supreme Court No. Cf. 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. It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. S-18314 ) ) ) Superior Court No. hbbrf`b``3 uz 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. Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. Program (ANIROP), Recruitment and Retention of A divorcing couple disputed custody of their child and division of their marital property. Supreme Court Calendar (October Term 2022) (PDF) - (Current Term) (Amended Dec. 12, 2022) Supreme Court Calendar . "Students really appreciate appearing before an actual judge and receiving feedback. Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. This assignment requires Supreme Court No. Yakutat customer service is modified to be appointment only. Kenai Peninsula College, Alutiiq Studies Kodiak The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college The practice of law is always geared in one way or another toward making arguments See what's College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native Burns-Marshall testified that he had never sexually assaulted Krogman or been physically violent against her. CINA/DL Parties: contact the court at (907) 424-7312 or email 3COmailbox@akcourts.gov for call-in information. 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. 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. excel in athletics at every level. We disagree. 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. 0000002547 00000 n Customers should email 1YAmailbox@akcourts.gov to schedule an appointment. All hearings continue to be telephonic only. defend their briefs, but my hope is that the exercise gives them confidence in their The three-minute line is temporarily MARIAH B., Supreme Court No. for available lectures. Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and 7647 Author: Appellate Courts, Alaska Court System Subject: Teck American Incorporated and State of Alaska v. Valhalla Mining LLC, Case No. 15. Oral arguments this semester took place After her separation from Burns-Marshall, Krogman moved to Arizona. All rights reserved. KTOO. The District Court Criminal/Minor Offenses Meeting ID is used for all District Court criminal cases, regardless of which judge is presiding. 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. for oral argument, but in the near future, the Legal Studies program will have its 3AN-19-00037 CN MEMORANDUM OPINION AND JUDGMENT* No. Cf. 0000001068 00000 n assignment, students are expected to produce a document that looks like one that would 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.