TORT LAW Supreme Court of Alaska (2024) Lauren Beizer In Torrence v. Blue, 552 P.3d 489 (Alaska 2024), the supreme court held that an inmate’s original complaint included a valid claim for civil battery, therefore, reversing the dismissal of the case decided by the superior court. (Id. at 495). Thus, the case was remanded for Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Madison Detweiler In Smith v. State, 549 P.3d 145 (Alaska Ct. App. 2024), the court of appeals held that courts are not constitutionally required to affirmatively instruct grand juries that they have discretion to decline to indict in a particular case. (Id. at 153). Smith was indicted Continue Reading »
FAMILY LAW Supreme Court of Alaska (2024) Caitlyn Leary In Tara R. v. Department of Family & Community Services, Office of Children’s Services, 541 P.3d 539 (Alaska 2024), the Alaska Supreme Court held that foster parents are not permitted to intervene in a case regarding termination of parental rights except under rare circumstances. (Id. at Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Lauren Beizer In State of Alaska v. Fletcher, 555 P.3d 1046 (Alaska Ct. App. 2024), after the superior court ruled that a new constitutional rule applied retroactively, the court of appeals held that (1) the purpose of the new rule supported its full retroactive application; (2) the Continue Reading »
CONSTITUTIONAL LAW Supreme Court of Alaska (2024) Melinda Xiong In Matter of Jayden A., 551 P.3d 551 (Alaska 2024), the supreme court held that the superior court’s failure to schedule a requested review detention hearing as immediately as possible, raised substantive due process concerns. (Id. at 553). A court ordered a patient’s hospitalization for evaluation Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Brendan Genaw In Red Hook Constr., LLC v. Bishop, 556 P.3d 1188 (Alaska 2024), the supreme court held that a court’s incorrect assumptions regarding contractual damage calculations may serve as the basis for relief under Rule 60(b)(1); however, motions for relief from judgment under Rule 60(b)(1) must be Continue Reading »
FAMILY LAW Supreme Court of Alaska (2024) Grace Koh In Native Village of Kwinhagak v. Department of Health & Social Services, Office of Children’s Services, 542 P.3d 1099 (Alaska 2024), the supreme court held that while the Office of Children’s Services (OCS) had statutory authority to place a child in need of aid (CINA) in Continue Reading »
TRUSTS & ESTATES LAW Supreme Court of Alaska (2024) Rasa Kerelis In In the Matter of the Estate of Paul Arthur Bentley, No. S-17944, 2024 WL 4246121 (Alaska 2024), the supreme court held that a testator may choose Alaska law to govern the effect and interpretation of the will with regard to property located in Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2024) Grace Koh In Middleton v. State, 556 P.3d 276 (Alaska App. 2024), the court of appeals held that an amendment to AS 33.16.220(i), a provision authorizing the parole board to revoke all or a portion of a defendant’s remaining parole, was not fully retroactive. (Id.). In 2006, Continue Reading »
NATIVE LAW Supreme Court of Alaska (2024) Brendan Genaw The Indian Child Welfare Act (ICWA) allows Alaskan indigenous tribes to petition to transfer child custody proceedings from superior court to the tribe’s jurisdiction, and in Rosalind M. v. Dep’t of Fam. & Cmty. Servs., Off. of Children’s Servs., 555 P.3d 505 (Alaska 2024), the supreme Continue Reading »
