Year In Review

State v. Thompson

Posted on November 26th, 2018

In State v. Thompson,[1] the court of appeals held that bail violations during a certain period were not per se criminal offenses and so do not disqualify defendants from getting credit for time served while under electronic monitoring. In February 2016, Thompson was arrested for driving under the influence and released on pre-trial bail with Continue Reading »

Ladick v. State

Posted on November 26th, 2018

In Ladick v. State,[1] the court of appeals held that when the government prosecutes defendants for breath-test refusal it must prove a causal connection between the arrest and the act of driving or operating a motor vehicle. After a state trooper discovered Ladick intoxicated while sitting in a parked car in a power line easement, Continue Reading »

Johnson v. State

Posted on November 26th, 2018

In Johnson v. State,[1] the court of appeals held that a court must affirmatively assess probation conditions restricting familial association with special scrutiny. In 2012, during an altercation between Johnson and a man named Michael Plummer, Plummer was stabbed and killed by Johnson’s son Spencer. Johnson plead guilty to manslaughter, but the terms of his Continue Reading »

Wyman v. Whitson

Posted on November 26th, 2018

In Wyman v. Whitson,[1] the supreme court held that because fishing permits and quota shares are perpetual intangible assets with an indefinite useful life, an amortization of those assets is not deductible from income for child support purposes. Wyman, a self-employed commercial fisherman, owned several fishing permits and individual fishing quota shares as part of Continue Reading »

Lane v. City of Juneau

Posted on November 26th, 2018

In Lane v. City of Juneau,[1] the Supreme Court of Alaska held that a municipality and its employees do not share the same type of immunity for its decisions and actions.  The City of Juneau (“the City”) operated a campground that was normally closed for the winter. To accommodate the local homeless population, the City Continue Reading »

Walker v. State, Department of Corrections

Posted on November 26th, 2018

In Walker v. State Department of Corrections,[1] the supreme court held (1) a prisoner has a due process right to call witnesses in a disciplinary hearing and (2) a prisoner does not waive this right by failing to raise it during the administrative appeals process. In October 2013, Walker, an inmate, began work developing an Continue Reading »

Kang v. Mullins

Posted on November 26th, 2018

In Kang v. Mullins[1] the supreme court reversed the Alaska Workers’ Compensation Appeals Commission, deciding that a woman was not her neighbor’s employer when she hired him to complete repairs on a home she rented to use as a residence and place of business. Yong Kang rented a home in North Pole from her son. Continue Reading »

In re Albertsen

Posted on November 26th, 2018

In In re Albertsen,[1] the supreme court held that, as a result of an attorney’s six ethical violations including failure to act with due diligence, failure to maintain adequate communication with a client, and failure to adequately communicate with the disciplinary committee, a two-year-and-one-day suspension was appropriate. Albertsen, an attorney in Alaska, represented a client Continue Reading »

Burke v. Raven Electric, Inc.

Posted on November 26th, 2018

In Burke v. Raven Electric, Inc.[1] the court held that the exclusive remedy provision of the Workers’ Compensation Act (the Act) (1) does not violate the due process or equal protection clauses and (2) bars relief under the Defective Machinery Act. The mother of an employee killed at work sought workers’ compensation death benefits, arguing Continue Reading »

Osborne v. State

Posted on November 26th, 2018

In Wiegers v. Richards-Wiegers,[1] the supreme court reviewed the lower court’s division of a marital estate and held that a court can rely on an expert witness’s valuation method when recognized as valid and adequately supported by the expert’s testimony. Additionally, the court held that retirement health benefits vested before marriage can be marital assets if Continue Reading »

Year In Review

State v. Thompson

Posted on November 26th, 2018

In State v. Thompson,[1] the court of appeals held that bail violations during a certain period were not per se criminal offenses and so do not disqualify defendants from getting credit for time served while under electronic monitoring. In February 2016, Thompson was arrested for driving under the influence and released on pre-trial bail with Continue Reading »

Ladick v. State

Posted on November 26th, 2018

In Ladick v. State,[1] the court of appeals held that when the government prosecutes defendants for breath-test refusal it must prove a causal connection between the arrest and the act of driving or operating a motor vehicle. After a state trooper discovered Ladick intoxicated while sitting in a parked car in a power line easement, Continue Reading »

Johnson v. State

Posted on November 26th, 2018

In Johnson v. State,[1] the court of appeals held that a court must affirmatively assess probation conditions restricting familial association with special scrutiny. In 2012, during an altercation between Johnson and a man named Michael Plummer, Plummer was stabbed and killed by Johnson’s son Spencer. Johnson plead guilty to manslaughter, but the terms of his Continue Reading »

Wyman v. Whitson

Posted on November 26th, 2018

In Wyman v. Whitson,[1] the supreme court held that because fishing permits and quota shares are perpetual intangible assets with an indefinite useful life, an amortization of those assets is not deductible from income for child support purposes. Wyman, a self-employed commercial fisherman, owned several fishing permits and individual fishing quota shares as part of Continue Reading »

Lane v. City of Juneau

Posted on November 26th, 2018

In Lane v. City of Juneau,[1] the Supreme Court of Alaska held that a municipality and its employees do not share the same type of immunity for its decisions and actions.  The City of Juneau (“the City”) operated a campground that was normally closed for the winter. To accommodate the local homeless population, the City Continue Reading »

Walker v. State, Department of Corrections

Posted on November 26th, 2018

In Walker v. State Department of Corrections,[1] the supreme court held (1) a prisoner has a due process right to call witnesses in a disciplinary hearing and (2) a prisoner does not waive this right by failing to raise it during the administrative appeals process. In October 2013, Walker, an inmate, began work developing an Continue Reading »

Kang v. Mullins

Posted on November 26th, 2018

In Kang v. Mullins[1] the supreme court reversed the Alaska Workers’ Compensation Appeals Commission, deciding that a woman was not her neighbor’s employer when she hired him to complete repairs on a home she rented to use as a residence and place of business. Yong Kang rented a home in North Pole from her son. Continue Reading »

In re Albertsen

Posted on November 26th, 2018

In In re Albertsen,[1] the supreme court held that, as a result of an attorney’s six ethical violations including failure to act with due diligence, failure to maintain adequate communication with a client, and failure to adequately communicate with the disciplinary committee, a two-year-and-one-day suspension was appropriate. Albertsen, an attorney in Alaska, represented a client Continue Reading »

Burke v. Raven Electric, Inc.

Posted on November 26th, 2018

In Burke v. Raven Electric, Inc.[1] the court held that the exclusive remedy provision of the Workers’ Compensation Act (the Act) (1) does not violate the due process or equal protection clauses and (2) bars relief under the Defective Machinery Act. The mother of an employee killed at work sought workers’ compensation death benefits, arguing Continue Reading »

Osborne v. State

Posted on November 26th, 2018

In Wiegers v. Richards-Wiegers,[1] the supreme court reviewed the lower court’s division of a marital estate and held that a court can rely on an expert witness’s valuation method when recognized as valid and adequately supported by the expert’s testimony. Additionally, the court held that retirement health benefits vested before marriage can be marital assets if Continue Reading »