Year In Review

Bruce H. v. Jennifer L.

Posted on May 3rd, 2018

In Bruce H. v. Jennifer L.,[1] the supreme court held that a finding of domestic violence need not be supported by separate judicial proceedings nor multiple incidents of domestic violence for the purposes of finding a substantial change in circumstances when a court decides a legal custody modification motion or makes a best interests determination.[2] Continue Reading »

Rask v. State

Posted on May 3rd, 2018

In Rask v. State,[1] the court of appeals held that an intoxicated driver was denied his due process rights when the police provided him with incorrect and misleading implied consent warnings telling him that he could refuse a chemical breath test without criminal penalties as long as he agreed to submit to a chemical blood Continue Reading »

Parson v. State

Posted on May 3rd, 2018

In Parson v. State,[1] the court of appeals held that the sentencing judge was not clearly mistaken in denying a request for a suspended imposition of a sentence because the judge found that the defendant’s conduct was more severe than common domestic violence assault.[2]  After leaving home for a week unannounced, Parson returned home to Continue Reading »

Rossiter v. State

Posted on May 3rd, 2018

In Rossiter v. State[1], the Alaska Court of Appeals reversed the lower court and held that the inflammatory and misleading nature of the prosecutor’s closing argument required reversal of defendant’s conviction.[2] Devin Rossiter was convicted of second-degree murder for stabbing a man.[3] At Mr. Rossiter’s trial, his attorney argued that he should be acquitted because Continue Reading »

State v. Wright

Posted on May 3rd, 2018

In State v. Wright,[1] the supreme court held that an accused individual’s speedy trial right was not violated because he was primarily responsible for the presumptively prejudicial delay due to leaving the state upon realizing he was under investigation.[2] Sean Wright was accused of sexually abusing two young girls and moved away when the investigation Continue Reading »

Dara v. Gish

Posted on May 3rd, 2018

In Dara v. Gish,[1] the supreme court held the superior court did not err in awarding the maternal grandmother and step-grandfather joint legal and primary physical custody of their grandchild.[2]  The grandparents of a child with developmental delays and dyslexia who had been his legal guardians for much of his young life filed for custody Continue Reading »

Jovanov v. State Department of Corrections

Posted on May 3rd, 2018

In Jovanov v. State Department of Corrections,[1] the supreme court of Alaska held that: (1) the Department of Corrections was entitled to summary judgment on Jovanov’s negligence claims because the attack on the inmate was not foreseeable and the officer’s five-second response time was reasonable,[2] and (2) the discretionary function immunity precluded claims arising out Continue Reading »

In re Estate of Seward

Posted on May 3rd, 2018

In In re Estate of Seward,[1] the supreme court held that a paternity determination may be made during estate proceedings in order to determine whether a party has an interest in the probate proceeding.[2] In August 2013, attorney Willard applied for probate of the decadent’s will, in which the decadent declared that he did not Continue Reading »

Taylor v. State

Posted on May 3rd, 2018

In Taylor v. State,[1] the court of appeals held that a factual unanimity instruction requiring the jury to unanimously agree on the theory upon which a crime was committed is not required to uphold a criminal conviction.[2] On May 15, 2012, two Anchorage police officers witnessed a Suburban vehicle failing to stop at a red Continue Reading »

Willock v. State

Posted on May 3rd, 2018

In Willock v. State,[1] the court of appeals held that evidence of a person’s previous acts is not admissible at trial under Alaska R. Evid. 404(a) if that evidence is solely being used to prove a person’s general proclivity to engage in that conduct when that evidence is not otherwise relevant to an issue in Continue Reading »

Year In Review

Bruce H. v. Jennifer L.

Posted on May 3rd, 2018

In Bruce H. v. Jennifer L.,[1] the supreme court held that a finding of domestic violence need not be supported by separate judicial proceedings nor multiple incidents of domestic violence for the purposes of finding a substantial change in circumstances when a court decides a legal custody modification motion or makes a best interests determination.[2] Continue Reading »

Rask v. State

Posted on May 3rd, 2018

In Rask v. State,[1] the court of appeals held that an intoxicated driver was denied his due process rights when the police provided him with incorrect and misleading implied consent warnings telling him that he could refuse a chemical breath test without criminal penalties as long as he agreed to submit to a chemical blood Continue Reading »

Parson v. State

Posted on May 3rd, 2018

In Parson v. State,[1] the court of appeals held that the sentencing judge was not clearly mistaken in denying a request for a suspended imposition of a sentence because the judge found that the defendant’s conduct was more severe than common domestic violence assault.[2]  After leaving home for a week unannounced, Parson returned home to Continue Reading »

Rossiter v. State

Posted on May 3rd, 2018

In Rossiter v. State[1], the Alaska Court of Appeals reversed the lower court and held that the inflammatory and misleading nature of the prosecutor’s closing argument required reversal of defendant’s conviction.[2] Devin Rossiter was convicted of second-degree murder for stabbing a man.[3] At Mr. Rossiter’s trial, his attorney argued that he should be acquitted because Continue Reading »

State v. Wright

Posted on May 3rd, 2018

In State v. Wright,[1] the supreme court held that an accused individual’s speedy trial right was not violated because he was primarily responsible for the presumptively prejudicial delay due to leaving the state upon realizing he was under investigation.[2] Sean Wright was accused of sexually abusing two young girls and moved away when the investigation Continue Reading »

Dara v. Gish

Posted on May 3rd, 2018

In Dara v. Gish,[1] the supreme court held the superior court did not err in awarding the maternal grandmother and step-grandfather joint legal and primary physical custody of their grandchild.[2]  The grandparents of a child with developmental delays and dyslexia who had been his legal guardians for much of his young life filed for custody Continue Reading »

Jovanov v. State Department of Corrections

Posted on May 3rd, 2018

In Jovanov v. State Department of Corrections,[1] the supreme court of Alaska held that: (1) the Department of Corrections was entitled to summary judgment on Jovanov’s negligence claims because the attack on the inmate was not foreseeable and the officer’s five-second response time was reasonable,[2] and (2) the discretionary function immunity precluded claims arising out Continue Reading »

In re Estate of Seward

Posted on May 3rd, 2018

In In re Estate of Seward,[1] the supreme court held that a paternity determination may be made during estate proceedings in order to determine whether a party has an interest in the probate proceeding.[2] In August 2013, attorney Willard applied for probate of the decadent’s will, in which the decadent declared that he did not Continue Reading »

Taylor v. State

Posted on May 3rd, 2018

In Taylor v. State,[1] the court of appeals held that a factual unanimity instruction requiring the jury to unanimously agree on the theory upon which a crime was committed is not required to uphold a criminal conviction.[2] On May 15, 2012, two Anchorage police officers witnessed a Suburban vehicle failing to stop at a red Continue Reading »

Willock v. State

Posted on May 3rd, 2018

In Willock v. State,[1] the court of appeals held that evidence of a person’s previous acts is not admissible at trial under Alaska R. Evid. 404(a) if that evidence is solely being used to prove a person’s general proclivity to engage in that conduct when that evidence is not otherwise relevant to an issue in Continue Reading »