Year In Review

Vince B. v. Sarah B.

Posted on February 6th, 2019

In Vince B. v. Sarah B.,[1] the supreme court held that the denial of an earlier petition for a protective order does not necessarily bar a court from considering the same conduct in deciding a later petition.  In September 2016, Vince and Sarah divorced and began sharing custody of their two sons.  They had separated Continue Reading »

Gross v. Wilson

Posted on February 6th, 2019

In Gross v. Wilson,[1] the Supreme Court of Alaska held that a properly challenged erroneous judgment is not void unless the deciding court lacked subject matter jurisdiction or violated due process.  In the final divorce agreement between Robert Gross and Dawn Wilson, Gross agreed to regularly pay Wilson half of the value of his monthly Continue Reading »

Jensen D. v. State, Dept. of Health and Social Services

Posted on February 6th, 2019

In Jensen D. v. State, Dept. of Health and Social Services,[1] the supreme court held that it is not an abuse of discretion to deny a request for self-representation at a parental custody termination trial where the parent is either (1) incapable of presenting allegations in a rational and coherent manner, (2) unable to understand Continue Reading »

Smith v. State

Posted on January 30th, 2019

In Smith v. State,[1] the Alaska court of appeals held that to determine if two crimes constitute a single offense for double jeopardy purposes “a court must compare the different statutory provisions as applied to the facts of the case.” Smith, along with three other men broke into Benjamin Gall and Amanda Swafford’s apartment while Continue Reading »

Kowalski v. State

Posted on January 30th, 2019

In Kowalski v. State,[1] the court of appeals held that retroactive application of Alaska Evidence Rule 404(b)(4) did not violate the ex post facto clauses of the Alaska Constitution or the United States Constitution.  In 1996, investigators declined to charge Kowalski for the death of his girlfriend Perry, whom by his account he accidentally shot Continue Reading »

Alvarez-Perdomo v. State

Posted on January 30th, 2019

In Alvarez-Perdomo v. State,[1] the court of appeals held that defendants must clearly and unequivocally state their desire to testify before a judge directs them to take the stand.  Alvarez-Perdomo was convicted of first-degree assault for shooting his mother.  At trial, Alvarez-Perdomo’s attorney announced that he did not intend to present a defense case, which Continue Reading »

State v. Baker

Posted on January 30th, 2019

In State v. Baker,[1] the Court of Appeals held that criminal offenses arise out of the “same criminal episode” for purposes of calculating a defendant’s speedy trial rights only when there is a close elemental or evidentiary overlap between the charged offenses, or when the commission of one criminal offense has a causal connection to Continue Reading »

Keenan v. Meyer

Posted on January 30th, 2019

In Keenan v. Meyer,[1] the supreme court upheld the superior court’s award of compensatory damages and full attorneys’ fees in a dispute between neighbors over an access easement and water rights, holding that the superior court’s findings of fact were not clearly erroneous and the district court did not abuse its discretion.  The Keegans and Continue Reading »

Fink v. Anchorage

Posted on January 30th, 2019

In Fink v. Anchorage,[1] the Supreme Court of Alaska held that in directly reviewing a municipal assembly’s decision to levy a special assessment, a court will defer to the Assembly’s expertise and only reverse upon proof of fraud or arbitrariness.  Decades after an earthquake destroyed the neighborhood of Turnagain Heights, lot owners petitioned the Municipality Continue Reading »

In re Estate of Seward

Posted on January 30th, 2019

In the case In re Estate of Seward,[1] the supreme court held that purported children of a decedent intervening in probate preceding are not required to bring a separate paternity cause of action.  Seward died in May 2013 after executing a will in 2008 that declared he had no spouse or children.  In an October Continue Reading »

Year In Review

Vince B. v. Sarah B.

Posted on February 6th, 2019

In Vince B. v. Sarah B.,[1] the supreme court held that the denial of an earlier petition for a protective order does not necessarily bar a court from considering the same conduct in deciding a later petition.  In September 2016, Vince and Sarah divorced and began sharing custody of their two sons.  They had separated Continue Reading »

Gross v. Wilson

Posted on February 6th, 2019

In Gross v. Wilson,[1] the Supreme Court of Alaska held that a properly challenged erroneous judgment is not void unless the deciding court lacked subject matter jurisdiction or violated due process.  In the final divorce agreement between Robert Gross and Dawn Wilson, Gross agreed to regularly pay Wilson half of the value of his monthly Continue Reading »

Jensen D. v. State, Dept. of Health and Social Services

Posted on February 6th, 2019

In Jensen D. v. State, Dept. of Health and Social Services,[1] the supreme court held that it is not an abuse of discretion to deny a request for self-representation at a parental custody termination trial where the parent is either (1) incapable of presenting allegations in a rational and coherent manner, (2) unable to understand Continue Reading »

Smith v. State

Posted on January 30th, 2019

In Smith v. State,[1] the Alaska court of appeals held that to determine if two crimes constitute a single offense for double jeopardy purposes “a court must compare the different statutory provisions as applied to the facts of the case.” Smith, along with three other men broke into Benjamin Gall and Amanda Swafford’s apartment while Continue Reading »

Kowalski v. State

Posted on January 30th, 2019

In Kowalski v. State,[1] the court of appeals held that retroactive application of Alaska Evidence Rule 404(b)(4) did not violate the ex post facto clauses of the Alaska Constitution or the United States Constitution.  In 1996, investigators declined to charge Kowalski for the death of his girlfriend Perry, whom by his account he accidentally shot Continue Reading »

Alvarez-Perdomo v. State

Posted on January 30th, 2019

In Alvarez-Perdomo v. State,[1] the court of appeals held that defendants must clearly and unequivocally state their desire to testify before a judge directs them to take the stand.  Alvarez-Perdomo was convicted of first-degree assault for shooting his mother.  At trial, Alvarez-Perdomo’s attorney announced that he did not intend to present a defense case, which Continue Reading »

State v. Baker

Posted on January 30th, 2019

In State v. Baker,[1] the Court of Appeals held that criminal offenses arise out of the “same criminal episode” for purposes of calculating a defendant’s speedy trial rights only when there is a close elemental or evidentiary overlap between the charged offenses, or when the commission of one criminal offense has a causal connection to Continue Reading »

Keenan v. Meyer

Posted on January 30th, 2019

In Keenan v. Meyer,[1] the supreme court upheld the superior court’s award of compensatory damages and full attorneys’ fees in a dispute between neighbors over an access easement and water rights, holding that the superior court’s findings of fact were not clearly erroneous and the district court did not abuse its discretion.  The Keegans and Continue Reading »

Fink v. Anchorage

Posted on January 30th, 2019

In Fink v. Anchorage,[1] the Supreme Court of Alaska held that in directly reviewing a municipal assembly’s decision to levy a special assessment, a court will defer to the Assembly’s expertise and only reverse upon proof of fraud or arbitrariness.  Decades after an earthquake destroyed the neighborhood of Turnagain Heights, lot owners petitioned the Municipality Continue Reading »

In re Estate of Seward

Posted on January 30th, 2019

In the case In re Estate of Seward,[1] the supreme court held that purported children of a decedent intervening in probate preceding are not required to bring a separate paternity cause of action.  Seward died in May 2013 after executing a will in 2008 that declared he had no spouse or children.  In an October Continue Reading »