TORT LAW Matthew Naiman In McCormick v. Chippewa, Inc., the supreme court held that the superior court did not abuse its discretion when it limited discovery to documents created in the time period surrounding the settlement agreement in question. In 2007, McCormick was injured while working on a vessel owned by Chippewa, Inc. After learning Continue Reading »
ETHICS Christopher Dodd In In re Disciplinary Matter Involving Stockler, the supreme court held that suspension was the appropriate sanction for an attorney’s misconduct, since willfully failing to file income tax returns was a violation of ALASKA RULES OF PROF’L CONDUCT 8.4(b)(“a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as Continue Reading »
CRIMINAL LAW Jacob Keohane In Komakhuk v. State, the court of appeals held that law enforcement testimony about the violent character of a man accused of third-degree assault unfairly prejudiced the jury. Under Alaska Evidence Rule 404(a)(2), the state may introduce evidence of a defendant’s aggressive character to rebut a claim that he acted in Continue Reading »
In Bravo v. Aker,[1] the supreme court held that a next friend cannot represent a presumedly incompetent individual without counsel. Almost 20 years before the present litigation concerning a personal injury claim, appellant Helen Bravo was hurt in a boating accident. Bravo claimed this accident – which was allegedly due to appellees’ conduct – caused Continue Reading »
[CIVIL PROCEDURE] In re Petition for Approval of a Minor Settlement T.V.,[1] the supreme court held that in settlement proceedings, the superior court does not have jurisdiction over non-parties.[2] In 2012, T.V., a minor, was left paralyzed when he was hit by a car.[3] The superior court approved a petition which placed the proceeds of Continue Reading »
[FAMILY LAW] In Limeres v. Limeres,[1] the supreme court held that an evidentiary hearing for a motion to modify child support is only necessary upon a showing of substantially new, sufficient evidence of a material change in income-related circumstances.[2] Rene Limeres appealed from the denial of his 2014 motion to modify his child support obligation, Continue Reading »
[CRIMINAL PROCEDURE] In Meyer v. State,[1] the court of appeals held whether a Fourth Amendment seizure took place is a question of law that the appellate court evaluates de novo.[2] Meyer was convicted of felony driving under the influence based on evidence obtained by the police.[3] Prior to the trial, Meyer filed a motion to Continue Reading »
[FAMILY LAW] In Dundas v. Dundas, the supreme court held that separate analyses can be combined to determine prior earned income for the purposes of determining marital assets.[1] A husband and wife filed for divorce, and, as part of their divorce proceedings, the wife hired a financial expert to testify as to marital assets.[2] Continue Reading »
[CRIMINAL PROCEDURE] In Shorthill v. State,[1] the supreme court held that the lower court did not err in revoking a defendant’s permission to represent himself in court, when the defendant proved incompetent in representing himself in accordance with the rules of the court room.[2] In September 2005, Carry Eugene Shorthill was convicted of felony Continue Reading »
[PROPERTY LAW] In Young v. Kelly,[1] the supreme court held work added to the value of individual fishing quotas (“IFQ”s) prior to the ending of a marriage are not marital property if the marriage ends before the IFQ program began.[2] Anna Young fished with her husband David Kelly on his boat during their marriage, contributing Continue Reading »
