Year In Review

Clementine v. State

Posted on March 16th, 2017

[FAMILY LAW] In Clementine v. State,[1] the supreme court held that when the Office of Children’s Services (OCS) takes emergency custody of a “child in need of aid” (CINA) and then subsequently releases the child to another parent or guardian, the court may properly dismiss a CINA petition without first making findings on allegations toward Continue Reading »

Thompson v. Alaska

Posted on March 8th, 2017

[CRIMINAL LAW] In Dana Ray Thompson v. State of Alaska,[1] the court of appeals held that an adult who takes care of a child for a month or two months at a time occupies a position of authority over that child and resides in the same household as the child pursuant to sexual abuse statutes.[2] Continue Reading »

Herring v. Herring

Posted on March 6th, 2017

[FAMILY LAW] In Herring v. Herring,[1] the supreme court held when an equitable reallocation mechanism provision exists in a divorce settlement, a significant change in either parties’ pension account triggers an equitable reallocation as a remedy.[2] Patton and Herring were legally divorced in 2013 after thirty-two years of marriage.[3] The parties participated in mediation to Continue Reading »

David v. State

Posted on March 6th, 2017

[CRIMINAL LAW] In David v. State,[1] the court of appeals held that a petition and supporting documents for post-conviction relief alleging ineffective assistance of counsel must set forth specific evidence in order to meet the prima facie case—not simply bald assertions.[2] David was convicted of multiple accounts of assault.[3] He then filed a pro se Continue Reading »

Sherrill v. Sherrill

Posted on March 6th, 2017

[FAMILY LAW] In Sherrill v. Sherrill,[1] the supreme court held that it is an abuse of discretion to base a child support determination on an income ceiling of $110,000 and on the omission of reported income, due to its temporary nature.[2] Paulita Hallen (formerly Paulita Sherill) and Danny Sherrill separated in 2011, leading Paulita to Continue Reading »

City of Kenai v. Cook Inlet Natural Gas Storage Alaska

Posted on March 6th, 2017

[PROPERTY LAW] In City of Kenai v. Cook Inlet Natural Gas Storage Alaska, LLC,[1] the supreme court held that the mineral rights to emptied pore space in subsurface estates are reserved to the state under AS 38.05.125(a), a provision of the Alaska Land Act.[2] Cook Inlet Natural Gas Storage Alaska, LLC (“CINGSA”), a utility, sought Continue Reading »

State, Office of Public Advocacy v. Estate of Jean R.

Posted on March 6th, 2017

[FAMILY LAW] In State, Office of Public Advocacy v. Estate of Jean R.,[1] the supreme court held that 44.21.415 bars private parties from recovering attorneys’ fees against the state in elder fraud protective order proceedings.[2] The Office of Public Advocacy (“OPA”) petitioned for an elder fraud protective order to protect Jean R. from alleged financial Continue Reading »

City of Valdez v. State

Posted on March 6th, 2017

[ADMINISTRATIVE LAW] In City of Valdez v. State,[1] the supreme court of Alaska held that the State Assessment Review Board has exclusive jurisdiction over all appeals from the Department of Revenue’s assessments of oil and gas property taxability and tax valuation.[2] The Alaska legislature established a statewide regime for the assessment of oil and gas Continue Reading »

Belcher v. State of Alaska

Posted on March 6th, 2017

[CIVIL PROCEDURE] In Belcher v. State of Alaska,[1] the court of appeals held that a prior conviction for third-degree theft cannot be admitted in a trial for second-degree theft under Alaska Rules of Evidence 404(b)(1) when identity is not at issue in the case, the prior conviction is not being offered to prove intent, there Continue Reading »

Hicks v. State

Posted on March 6th, 2017

[CRIMINAL LAW] In Hicks v. State, the court of appeals held that a trial court maintains the authority to impose no-contact orders on pretrial detainees, even though this power is not a statutorily enumerated judicial power.[1] Nathaniel Hicks was arraigned on a misdemeanor charge for assaulting his then-girlfriend, after which the magistrate judge set out Continue Reading »

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Year In Review

Clementine v. State

Posted on March 16th, 2017

[FAMILY LAW] In Clementine v. State,[1] the supreme court held that when the Office of Children’s Services (OCS) takes emergency custody of a “child in need of aid” (CINA) and then subsequently releases the child to another parent or guardian, the court may properly dismiss a CINA petition without first making findings on allegations toward Continue Reading »

Thompson v. Alaska

Posted on March 8th, 2017

[CRIMINAL LAW] In Dana Ray Thompson v. State of Alaska,[1] the court of appeals held that an adult who takes care of a child for a month or two months at a time occupies a position of authority over that child and resides in the same household as the child pursuant to sexual abuse statutes.[2] Continue Reading »

Herring v. Herring

Posted on March 6th, 2017

[FAMILY LAW] In Herring v. Herring,[1] the supreme court held when an equitable reallocation mechanism provision exists in a divorce settlement, a significant change in either parties’ pension account triggers an equitable reallocation as a remedy.[2] Patton and Herring were legally divorced in 2013 after thirty-two years of marriage.[3] The parties participated in mediation to Continue Reading »

David v. State

Posted on March 6th, 2017

[CRIMINAL LAW] In David v. State,[1] the court of appeals held that a petition and supporting documents for post-conviction relief alleging ineffective assistance of counsel must set forth specific evidence in order to meet the prima facie case—not simply bald assertions.[2] David was convicted of multiple accounts of assault.[3] He then filed a pro se Continue Reading »

Sherrill v. Sherrill

Posted on March 6th, 2017

[FAMILY LAW] In Sherrill v. Sherrill,[1] the supreme court held that it is an abuse of discretion to base a child support determination on an income ceiling of $110,000 and on the omission of reported income, due to its temporary nature.[2] Paulita Hallen (formerly Paulita Sherill) and Danny Sherrill separated in 2011, leading Paulita to Continue Reading »

City of Kenai v. Cook Inlet Natural Gas Storage Alaska

Posted on March 6th, 2017

[PROPERTY LAW] In City of Kenai v. Cook Inlet Natural Gas Storage Alaska, LLC,[1] the supreme court held that the mineral rights to emptied pore space in subsurface estates are reserved to the state under AS 38.05.125(a), a provision of the Alaska Land Act.[2] Cook Inlet Natural Gas Storage Alaska, LLC (“CINGSA”), a utility, sought Continue Reading »

State, Office of Public Advocacy v. Estate of Jean R.

Posted on March 6th, 2017

[FAMILY LAW] In State, Office of Public Advocacy v. Estate of Jean R.,[1] the supreme court held that 44.21.415 bars private parties from recovering attorneys’ fees against the state in elder fraud protective order proceedings.[2] The Office of Public Advocacy (“OPA”) petitioned for an elder fraud protective order to protect Jean R. from alleged financial Continue Reading »

City of Valdez v. State

Posted on March 6th, 2017

[ADMINISTRATIVE LAW] In City of Valdez v. State,[1] the supreme court of Alaska held that the State Assessment Review Board has exclusive jurisdiction over all appeals from the Department of Revenue’s assessments of oil and gas property taxability and tax valuation.[2] The Alaska legislature established a statewide regime for the assessment of oil and gas Continue Reading »

Belcher v. State of Alaska

Posted on March 6th, 2017

[CIVIL PROCEDURE] In Belcher v. State of Alaska,[1] the court of appeals held that a prior conviction for third-degree theft cannot be admitted in a trial for second-degree theft under Alaska Rules of Evidence 404(b)(1) when identity is not at issue in the case, the prior conviction is not being offered to prove intent, there Continue Reading »

Hicks v. State

Posted on March 6th, 2017

[CRIMINAL LAW] In Hicks v. State, the court of appeals held that a trial court maintains the authority to impose no-contact orders on pretrial detainees, even though this power is not a statutorily enumerated judicial power.[1] Nathaniel Hicks was arraigned on a misdemeanor charge for assaulting his then-girlfriend, after which the magistrate judge set out Continue Reading »

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