Year In Review

Alexiadis v. State

Posted on November 29th, 2015

[CRIMINAL LAW]   In Alexiadis v. State,[1] the court of appeals held that a trial court cannot reject a plea agreement as too lenient when the State has agreed not to raise aggravating sentencing factors requiring a jury trial.[2] The defendant was charged with three counts of second-degree assault.[3] The defendant and the State reached Continue Reading »

Theresa L. v. State, Department of Health and Social Services

Posted on November 29th, 2015

[FAMILY LAW]   In Theresa L. v. State, Department of Health and Social Services, the supreme court held that the statutory language and legislative history of AS 47.10.011(8)(A) requires clear and convincing evidence of a significant or severe problem in functioning or behavior to find a child suffers a mental injury.[1] The Office of Children Continue Reading »

Rogers v. State

Posted on November 29th, 2015

[CRIMINAL PROCEDURE]   In Rogers v. State,[1] the court of appeals held that the state has the burden to prove that a police officer conducting a search before impounding a vehicle was conducting a valid vehicle inventory search and not looking for evidence instead.[2] In April 2007, two police officers detained Kyle Rogers for driving Continue Reading »

Augustine v. State

Posted on November 29th, 2015

[CRIMINAL PROCEDURE]   In Augustine v. State,[1] the court of appeals held that out-of-court evidence is admissible under evidence rules only after a trial judge evaluates and determines that the State has met its burden of proof.[2] Out-of-court interviews of Augustine’s granddaughters were admitted and heavily relied upon by the State throughout Augustine’s trial.[3] Augustine Continue Reading »

Andrea C. v. Marcus K.

Posted on November 29th, 2015

[FAMILY LAW]   In Andrea C. v. Marcus K.,[1] the supreme court discussed a superior court’s broad discretion in not applying collateral estoppel and in weighing best interest factors in custody disputes, in the context of specific facts.[2] Andrea filed a child custody modification request based on her impending relocation.[3] The superior court awarded Marcus Continue Reading »

McGlinchy v. State, Department of Natural Resources

Posted on November 29th, 2015

[ADMINISTRATIVE LAW]     In McGlinchy v. State, Department of Natural Resources,[1] the supreme court affirmed the lower court’s decision holding that the Department of Natural Resources (DNR) had not misapplied the law in denying the appellants permit to mine a mineral deposit for use as construction rock.2 In May 2010, M & M Constructors, Continue Reading »

Erkins v. Alaska Trustee, LLC

Posted on November 29th, 2015

[CONTRACT LAW]   In Erkins v. Alaska Trustee, LLC,[1] the supreme court held that a holder in due course is immune from a borrower’s incapacity defense because incapacity results in a voidable, not void, contractual obligation.[2] In March 2000, Gregory Erkins was in a car accident and began taking strong pain medication for his injuries.[3] Continue Reading »

Pister v. State, Dept. of Revenue

Posted on November 29th, 2015

[BUSINESS LAW]   In Pister v. State, Dept. of Revenue,[1] the supreme court held that res judicata does not bar the State from seeking to pierce a corporation’s corporate veil to collect upon a tax debt.[2] Dr. Pister owns a radiology business called Northwest Medical Imaging, which in 1997 the Alaska Department of Revenue assessed Continue Reading »

Miller v. State, Dep’t of Envtl. Conservation

Posted on November 29th, 2015

[TORT LAW]   In Miller v. State, Dep’t of Envtl. Conservation [1], the supreme court held that a claim is barred by state sovereign immunity when a claimant alleges only misrepresentation, rather than negligence.[2] Four years after the Department of Environmental Conservation (DEP) certified an area as safe for shellfish farming, Miller was granted an application to Continue Reading »

Barber v. Schmidt

Posted on November 29th, 2015

[CIVIL PROCEDURE]   In Barber v. Schmidt,[1] the supreme court held a class action cannot be certified with pro se litigants at the helm.[2] In May 2012, a group of six Alaska prisoners collectively filed a putative class-action complaint against Department of Corrections (“Department”) Commissioner Joseph Schmidt and other Department officials.[3] The complaint included eighteen Continue Reading »

Page 1 of 3512345...102030...Last »

Year In Review

Alexiadis v. State

Posted on November 29th, 2015

[CRIMINAL LAW]   In Alexiadis v. State,[1] the court of appeals held that a trial court cannot reject a plea agreement as too lenient when the State has agreed not to raise aggravating sentencing factors requiring a jury trial.[2] The defendant was charged with three counts of second-degree assault.[3] The defendant and the State reached Continue Reading »

Theresa L. v. State, Department of Health and Social Services

Posted on November 29th, 2015

[FAMILY LAW]   In Theresa L. v. State, Department of Health and Social Services, the supreme court held that the statutory language and legislative history of AS 47.10.011(8)(A) requires clear and convincing evidence of a significant or severe problem in functioning or behavior to find a child suffers a mental injury.[1] The Office of Children Continue Reading »

Rogers v. State

Posted on November 29th, 2015

[CRIMINAL PROCEDURE]   In Rogers v. State,[1] the court of appeals held that the state has the burden to prove that a police officer conducting a search before impounding a vehicle was conducting a valid vehicle inventory search and not looking for evidence instead.[2] In April 2007, two police officers detained Kyle Rogers for driving Continue Reading »

Augustine v. State

Posted on November 29th, 2015

[CRIMINAL PROCEDURE]   In Augustine v. State,[1] the court of appeals held that out-of-court evidence is admissible under evidence rules only after a trial judge evaluates and determines that the State has met its burden of proof.[2] Out-of-court interviews of Augustine’s granddaughters were admitted and heavily relied upon by the State throughout Augustine’s trial.[3] Augustine Continue Reading »

Andrea C. v. Marcus K.

Posted on November 29th, 2015

[FAMILY LAW]   In Andrea C. v. Marcus K.,[1] the supreme court discussed a superior court’s broad discretion in not applying collateral estoppel and in weighing best interest factors in custody disputes, in the context of specific facts.[2] Andrea filed a child custody modification request based on her impending relocation.[3] The superior court awarded Marcus Continue Reading »

McGlinchy v. State, Department of Natural Resources

Posted on November 29th, 2015

[ADMINISTRATIVE LAW]     In McGlinchy v. State, Department of Natural Resources,[1] the supreme court affirmed the lower court’s decision holding that the Department of Natural Resources (DNR) had not misapplied the law in denying the appellants permit to mine a mineral deposit for use as construction rock.2 In May 2010, M & M Constructors, Continue Reading »

Erkins v. Alaska Trustee, LLC

Posted on November 29th, 2015

[CONTRACT LAW]   In Erkins v. Alaska Trustee, LLC,[1] the supreme court held that a holder in due course is immune from a borrower’s incapacity defense because incapacity results in a voidable, not void, contractual obligation.[2] In March 2000, Gregory Erkins was in a car accident and began taking strong pain medication for his injuries.[3] Continue Reading »

Pister v. State, Dept. of Revenue

Posted on November 29th, 2015

[BUSINESS LAW]   In Pister v. State, Dept. of Revenue,[1] the supreme court held that res judicata does not bar the State from seeking to pierce a corporation’s corporate veil to collect upon a tax debt.[2] Dr. Pister owns a radiology business called Northwest Medical Imaging, which in 1997 the Alaska Department of Revenue assessed Continue Reading »

Miller v. State, Dep’t of Envtl. Conservation

Posted on November 29th, 2015

[TORT LAW]   In Miller v. State, Dep’t of Envtl. Conservation [1], the supreme court held that a claim is barred by state sovereign immunity when a claimant alleges only misrepresentation, rather than negligence.[2] Four years after the Department of Environmental Conservation (DEP) certified an area as safe for shellfish farming, Miller was granted an application to Continue Reading »

Barber v. Schmidt

Posted on November 29th, 2015

[CIVIL PROCEDURE]   In Barber v. Schmidt,[1] the supreme court held a class action cannot be certified with pro se litigants at the helm.[2] In May 2012, a group of six Alaska prisoners collectively filed a putative class-action complaint against Department of Corrections (“Department”) Commissioner Joseph Schmidt and other Department officials.[3] The complaint included eighteen Continue Reading »

Page 1 of 3512345...102030...Last »