CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Rachel Reiss In Whisenhunt v. State, 504 P.3d 268 (Alaska Ct. App. 2022), the court of appeals held that its standard for remanding a case to a trial court to reconsider a criminal defendant’s motion for a new trial was not a new rule. (Id. at 270). Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Kristiana Olson In Ariel P. v. State, Department of Health & Social Services, 2022 WL 2093357 (Alaska 2022) (unpublished), the supreme court held that a court may consider the potential permanency of a child’s foster placement when conducting a best interests assessment. (Id. at *1). The Office of Continue Reading »
CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided adequate evidence that the defendant posed a harm to themselves or Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Jake Sherman In Riley v. State, 515 P.3d 1259 (Alaska Ct. App. 2022), the Alaska Court of Appeals held that the superior court prejudiced a criminal defendant by modifying its jury instructions after closing arguments without a compelling reason, after the defendant had relied on the prior Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Flora Lipsky In Park v. Spayd, 509 P.3d 1014 (Alaska 2022), the supreme court held that, according to the discovery rule, the statute of limitations begins to run as soon as a reasonable person would have discovered the elements of the cause of action. (Id. at 1019). Beginning Continue Reading »
HEALTH LAW Supreme Court of Alaska (2022) Elza Bouhassira In the Matter of Carl S., 510 P.3d 486 (Alaska 2022), the supreme court held that a man’s due process rights were violated when he was civilly committed based on an unpled claim of grave disability. (Id. at 488). On August 28, 2020, the man was Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2022) Connor Sakati In Foy v. State, 513 P.3d 1085 (Alaska Ct. App. 2022), the Court of Appeals held that, to sustain a first-degree assault conviction, the State must prove beyond a reasonable doubt that an offender used a dangerous weapon to cause a serious physical injury, which required Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Anighya H.D. Crocker In Walsh v. Singleton, No. S-18155, 2022 WL 2092566 (Alaska June 8, 2022) (unpublished), the supreme court upheld the superior court’s decision to modify an existing custody agreement in light of a mother’s decision to move from Anchorage to Wasilla. (Id. at *1–2). A separated Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Alex Bartlow In Mulligan v. State, Department of Law, No. S-18019, 2022 WL 2066044 (Alaska June 8, 2022) (unpublished), the supreme court held that although self-represented litigants are held to a less stringent standard, they must provide more than a cursory statement of the argument(s) on appeal in Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Scott Anderson In Aparezuk v. Schlosser, 514 P.3d 283 (Alaska 2022), the supreme court held that a husband’s duty to pay past due child support was precluded by him financially supporting the children in a shared household with his wife during the period at issue. (Id. at 290–91). Continue Reading »
