Year In Review

In re Clean Water Act Rulemaking

Posted on March 29th, 2024

ADMINISTRATIVE LAW; ENVIRONMENTAL LAW United States Court of Appeals, 9th Circuit (2023) Katie Raya In In re Clean Water Act Rulemaking, 60 F.4th 583 (9th Cir. 2023), the 9th Circuit held that courts may not vacate agency actions in conjunction with granting requests for voluntary remands without first holding the agency action unlawful. (Id. at Continue Reading »

Fletcher v. State

Posted on March 29th, 2024

CRIMINAL PROCEDURE Supreme Court of Alaska (2023) Justin T. Reed In Fletcher v. State, 532 P.3d 286 (Alaska 2023), the supreme court held that Article I, Section 12 of the Alaska Constitution requires a sentencing court to affirmatively consider a juvenile offender’s youth before sentencing a juvenile to the functional equivalent of a life sentence Continue Reading »

Seal v. Welty

Posted on March 29th, 2024

EMPLOYMENT LAW Supreme Court of Alaska (2023) Cindy Cheng In Seal v. Welty, 528 P.3d 452 (Alaska 2023), the supreme court held that the court, not a jury, decides the issue of whether a worker was an independent contractor or an employee as a preliminary matter before a jury trial. (Id. at 460). Nicholson Tinker Continue Reading »

Duty v. State

Posted on March 29th, 2024

CRIMINAL JUSTICE Court of Appeals of Alaska (2023) Catherine Cole In Duty v. State, 532 P.3d 742 (Alaska Ct. App.) the court of appeals reasonable suspicion of the presence of drugs, but not suspicion of imminent public danger or recent serious harm, is necessary to ask about the presence of drugs in a vehicle. (Id. Continue Reading »

Cunningham v. State

Posted on March 29th, 2024

CRIMINAL LAW Court of Appeals of Alaska (2023) Cara Shanahan In Cunningham v. State, 536 P.3d 739 (Alaska Ct. App. 2023), the court of appeals held that (1) to elevate second-degree indecent exposure to first-degree on the basis of a prior conviction in another jurisdiction, the defendant’s prior offense must have elements similar to those Continue Reading »

Baines v. State

Posted on March 29th, 2024

CRIMINAL LAW Court of Appeals of Alaska (2023) Johanna Crisman In Baines v. State, 535 P.3d 899 (Alaska Ct. App. 2023), the court of appeals held that the questionable admission of showup identifications are not grounds to reverse conviction if remaining evidence is sufficient to support the jury’s verdict. (Id.) Baines was convicted following a Continue Reading »

Taylor v. Alaska Legislative Affairs Agency

Posted on March 29th, 2024

ADMINISTRATIVE LAW Supreme Court of Alaska (2023) Olivia Wagner In Taylor v. Alaska Legislative Affairs Agency, 529 P.3d 1146 (Alaska 2023), the supreme court held that the attorney general’s common law powers do not allow suit against the legislature. (Id. at 1158). On June 16, 2021, the Alaska Legislature passed a budget bill to fund Continue Reading »

Miranda T. v. State, Department of Health & Social Services

Posted on March 29th, 2024

Family Law Supreme Court of Alaska (2023) Sarah Edwards In Miranda T. v. State Department of Health & Social Services, 524 P.3d 1105 (Alaska 2023), the court held that, before seeking termination of parental rights,  the Office of Children’s Services’ (OCS) efforts to reunite a child with his or her family pursuant to the Indian Continue Reading »

Metlakatla Indian Community v. Dunleavy

Posted on March 29th, 2024

NATIVE LAW Court of Appeals for the 9th Circuit (2023) Allyson Barkley In Metlakatla Indian Community v. Dunleavy, 58 F.4th 1034 (9th Cir. 2023), the Ninth Circuit affirmed the non-exclusive right of the Metlakatla Indian Community to fish in its traditional off-reservation fishing waters. (Id. at 1037). The Metlakatlans have lived and fished in and Continue Reading »

Doan v. Banner Health Inc.

Posted on March 29th, 2024

HEALTH LAW Supreme Court of Alaska (2023) Kubi Johnson In Doan v. Banner Health Inc., 535 P.3d 537(Alaska 2023), the supreme court held that a person may call medical expert witnesses and pursue a negligent infliction of emotional distress (NIED) claim, but cannot pursue a loss of chance of survival claim. A young woman died Continue Reading »

Year In Review

In re Clean Water Act Rulemaking

Posted on March 29th, 2024

ADMINISTRATIVE LAW; ENVIRONMENTAL LAW United States Court of Appeals, 9th Circuit (2023) Katie Raya In In re Clean Water Act Rulemaking, 60 F.4th 583 (9th Cir. 2023), the 9th Circuit held that courts may not vacate agency actions in conjunction with granting requests for voluntary remands without first holding the agency action unlawful. (Id. at Continue Reading »

Fletcher v. State

Posted on March 29th, 2024

CRIMINAL PROCEDURE Supreme Court of Alaska (2023) Justin T. Reed In Fletcher v. State, 532 P.3d 286 (Alaska 2023), the supreme court held that Article I, Section 12 of the Alaska Constitution requires a sentencing court to affirmatively consider a juvenile offender’s youth before sentencing a juvenile to the functional equivalent of a life sentence Continue Reading »

Seal v. Welty

Posted on March 29th, 2024

EMPLOYMENT LAW Supreme Court of Alaska (2023) Cindy Cheng In Seal v. Welty, 528 P.3d 452 (Alaska 2023), the supreme court held that the court, not a jury, decides the issue of whether a worker was an independent contractor or an employee as a preliminary matter before a jury trial. (Id. at 460). Nicholson Tinker Continue Reading »

Duty v. State

Posted on March 29th, 2024

CRIMINAL JUSTICE Court of Appeals of Alaska (2023) Catherine Cole In Duty v. State, 532 P.3d 742 (Alaska Ct. App.) the court of appeals reasonable suspicion of the presence of drugs, but not suspicion of imminent public danger or recent serious harm, is necessary to ask about the presence of drugs in a vehicle. (Id. Continue Reading »

Cunningham v. State

Posted on March 29th, 2024

CRIMINAL LAW Court of Appeals of Alaska (2023) Cara Shanahan In Cunningham v. State, 536 P.3d 739 (Alaska Ct. App. 2023), the court of appeals held that (1) to elevate second-degree indecent exposure to first-degree on the basis of a prior conviction in another jurisdiction, the defendant’s prior offense must have elements similar to those Continue Reading »

Baines v. State

Posted on March 29th, 2024

CRIMINAL LAW Court of Appeals of Alaska (2023) Johanna Crisman In Baines v. State, 535 P.3d 899 (Alaska Ct. App. 2023), the court of appeals held that the questionable admission of showup identifications are not grounds to reverse conviction if remaining evidence is sufficient to support the jury’s verdict. (Id.) Baines was convicted following a Continue Reading »

Taylor v. Alaska Legislative Affairs Agency

Posted on March 29th, 2024

ADMINISTRATIVE LAW Supreme Court of Alaska (2023) Olivia Wagner In Taylor v. Alaska Legislative Affairs Agency, 529 P.3d 1146 (Alaska 2023), the supreme court held that the attorney general’s common law powers do not allow suit against the legislature. (Id. at 1158). On June 16, 2021, the Alaska Legislature passed a budget bill to fund Continue Reading »

Miranda T. v. State, Department of Health & Social Services

Posted on March 29th, 2024

Family Law Supreme Court of Alaska (2023) Sarah Edwards In Miranda T. v. State Department of Health & Social Services, 524 P.3d 1105 (Alaska 2023), the court held that, before seeking termination of parental rights,  the Office of Children’s Services’ (OCS) efforts to reunite a child with his or her family pursuant to the Indian Continue Reading »

Metlakatla Indian Community v. Dunleavy

Posted on March 29th, 2024

NATIVE LAW Court of Appeals for the 9th Circuit (2023) Allyson Barkley In Metlakatla Indian Community v. Dunleavy, 58 F.4th 1034 (9th Cir. 2023), the Ninth Circuit affirmed the non-exclusive right of the Metlakatla Indian Community to fish in its traditional off-reservation fishing waters. (Id. at 1037). The Metlakatlans have lived and fished in and Continue Reading »

Doan v. Banner Health Inc.

Posted on March 29th, 2024

HEALTH LAW Supreme Court of Alaska (2023) Kubi Johnson In Doan v. Banner Health Inc., 535 P.3d 537(Alaska 2023), the supreme court held that a person may call medical expert witnesses and pursue a negligent infliction of emotional distress (NIED) claim, but cannot pursue a loss of chance of survival claim. A young woman died Continue Reading »