Year In Review

Hinson v. State

Posted on March 17th, 2017

[CRIMINAL PROCEDURE] In Hinson v. State,[1] the court of appeals held that in a trial for failure to register as a sex offender charge, it is not plain error to tell the jury the charge involves registration as a sex offender.[2] While issuing a citation during a traffic stop, Alaska State Trooper Joel Miner asked Continue Reading »

Moore v. State

Posted on March 17th, 2017

[CONSTITUTIONAL LAW]# In Moore v. State,[1] the court of appeals held that reasonable suspicion does not allow police to keep a defendant’s luggage overnight and ship it elsewhere for further investigation.[2] Police seized Moore’s luggage at the Dillingham airport based on tips that he was carrying marijuana.[3] After a magistrate judge in Dillingham denied an Continue Reading »

Lee-Magana v. Carpenter

Posted on March 17th, 2017

[FAMILY LAW] In Lee-Magana v. Carpenter,[1] the supreme court held that prevailing petitioners, although not prevailing respondents, should generally be awarded attorneys’ fees in protective order proceedings.[2] Lee-Magana and Carpenter were in a romantic relationship for approximately two years and had a child together, but split amidst allegations of domestic violence.[3] Lee-Magana petitioned first for Continue Reading »

The Matter of the Necessity for the Hospitalization of Mark V.

Posted on March 17th, 2017

[HEALTH LAW] In the Matter of the Necessity for the Hospitalization of Mark V.,[1] the supreme court held that the petitioner bears the burden of proving, by clear and convincing evidence, that a respondent is gravely disabled and that commitment is the least restrictive alternative.[2] Anchorage police took Mark V. into custody and transported him Continue Reading »

Huit v. Ashwater Burns

Posted on March 16th, 2017

[ADMINISTRATIVE LAW] In Huit v. Ashwater Burns, Inc.,[1] the supreme court held when a superior court remands a case to an administrative agency decisions are not final if they contemplate further proceedings,[2] and the Alaska’s worker compensation statute requires employers to provide substantial evidence an employees’ injuries are not work-related to rebut the presumption the Continue Reading »

Isadore v. State

Posted on March 16th, 2017

[CRIMINAL PROCEDURE] In Isadore v. State,[1] the court of appeals held that a defendant may not file an appeal of a bail order if the defendant does not remain in custody.[2] Isadore filed an appeal of his bail amount arguing that it was excessive.[3] However, this request was mischaracterized because bail orders are interlocutory orders, Continue Reading »

Jerry B. v. Sally B.

Posted on March 16th, 2017

[CIVIL PROCEDURE] In Jerry B. v. Sally B.,[1] the supreme court held that, where a criminal conviction has been entered into evidence in a civil suit, the convicted party may be collaterally estopped from relitigating issues decided in the criminal case.[2] A husband was arrested following allegations that he had sexually abused his daughter.[3] His Continue Reading »

Clementine v. State

Posted on March 16th, 2017

[FAMILY LAW] In Clementine v. State,[1] the supreme court held that when the Office of Children’s Services (OCS) takes emergency custody of a “child in need of aid” (CINA) and then subsequently releases the child to another parent or guardian, the court may properly dismiss a CINA petition without first making findings on allegations toward Continue Reading »

Thompson v. Alaska

Posted on March 8th, 2017

[CRIMINAL LAW] In Dana Ray Thompson v. State of Alaska,[1] the court of appeals held that an adult who takes care of a child for a month or two months at a time occupies a position of authority over that child and resides in the same household as the child pursuant to sexual abuse statutes.[2] Continue Reading »

Herring v. Herring

Posted on March 6th, 2017

[FAMILY LAW] In Herring v. Herring,[1] the supreme court held when an equitable reallocation mechanism provision exists in a divorce settlement, a significant change in either parties’ pension account triggers an equitable reallocation as a remedy.[2] Patton and Herring were legally divorced in 2013 after thirty-two years of marriage.[3] The parties participated in mediation to Continue Reading »

Year In Review

Hinson v. State

Posted on March 17th, 2017

[CRIMINAL PROCEDURE] In Hinson v. State,[1] the court of appeals held that in a trial for failure to register as a sex offender charge, it is not plain error to tell the jury the charge involves registration as a sex offender.[2] While issuing a citation during a traffic stop, Alaska State Trooper Joel Miner asked Continue Reading »

Moore v. State

Posted on March 17th, 2017

[CONSTITUTIONAL LAW]# In Moore v. State,[1] the court of appeals held that reasonable suspicion does not allow police to keep a defendant’s luggage overnight and ship it elsewhere for further investigation.[2] Police seized Moore’s luggage at the Dillingham airport based on tips that he was carrying marijuana.[3] After a magistrate judge in Dillingham denied an Continue Reading »

Lee-Magana v. Carpenter

Posted on March 17th, 2017

[FAMILY LAW] In Lee-Magana v. Carpenter,[1] the supreme court held that prevailing petitioners, although not prevailing respondents, should generally be awarded attorneys’ fees in protective order proceedings.[2] Lee-Magana and Carpenter were in a romantic relationship for approximately two years and had a child together, but split amidst allegations of domestic violence.[3] Lee-Magana petitioned first for Continue Reading »

The Matter of the Necessity for the Hospitalization of Mark V.

Posted on March 17th, 2017

[HEALTH LAW] In the Matter of the Necessity for the Hospitalization of Mark V.,[1] the supreme court held that the petitioner bears the burden of proving, by clear and convincing evidence, that a respondent is gravely disabled and that commitment is the least restrictive alternative.[2] Anchorage police took Mark V. into custody and transported him Continue Reading »

Huit v. Ashwater Burns

Posted on March 16th, 2017

[ADMINISTRATIVE LAW] In Huit v. Ashwater Burns, Inc.,[1] the supreme court held when a superior court remands a case to an administrative agency decisions are not final if they contemplate further proceedings,[2] and the Alaska’s worker compensation statute requires employers to provide substantial evidence an employees’ injuries are not work-related to rebut the presumption the Continue Reading »

Isadore v. State

Posted on March 16th, 2017

[CRIMINAL PROCEDURE] In Isadore v. State,[1] the court of appeals held that a defendant may not file an appeal of a bail order if the defendant does not remain in custody.[2] Isadore filed an appeal of his bail amount arguing that it was excessive.[3] However, this request was mischaracterized because bail orders are interlocutory orders, Continue Reading »

Jerry B. v. Sally B.

Posted on March 16th, 2017

[CIVIL PROCEDURE] In Jerry B. v. Sally B.,[1] the supreme court held that, where a criminal conviction has been entered into evidence in a civil suit, the convicted party may be collaterally estopped from relitigating issues decided in the criminal case.[2] A husband was arrested following allegations that he had sexually abused his daughter.[3] His Continue Reading »

Clementine v. State

Posted on March 16th, 2017

[FAMILY LAW] In Clementine v. State,[1] the supreme court held that when the Office of Children’s Services (OCS) takes emergency custody of a “child in need of aid” (CINA) and then subsequently releases the child to another parent or guardian, the court may properly dismiss a CINA petition without first making findings on allegations toward Continue Reading »

Thompson v. Alaska

Posted on March 8th, 2017

[CRIMINAL LAW] In Dana Ray Thompson v. State of Alaska,[1] the court of appeals held that an adult who takes care of a child for a month or two months at a time occupies a position of authority over that child and resides in the same household as the child pursuant to sexual abuse statutes.[2] Continue Reading »

Herring v. Herring

Posted on March 6th, 2017

[FAMILY LAW] In Herring v. Herring,[1] the supreme court held when an equitable reallocation mechanism provision exists in a divorce settlement, a significant change in either parties’ pension account triggers an equitable reallocation as a remedy.[2] Patton and Herring were legally divorced in 2013 after thirty-two years of marriage.[3] The parties participated in mediation to Continue Reading »