ELECTION LAW Margot Graham In Pruitt v. Office of Lieutenant Governor, 498 P.3d 591 (Alaska 2021), the supreme court held the losing House candidate failed to meet his burden to sustain an election contest claim (Id. at 608). Pruitt, a losing House candidate, sued the Division of Elections, claiming that it committed malconduct that influenced Continue Reading »
CRIMINAL LAW Hannah Rogers In Peterson v. Municipality of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021), the court of appeals held that a court cannot rely on uncharged conduct as the basis for a restitution order but can rely on that same conduct in crafting a term of imprisonment. (Id. at 325). Peterson, driving Continue Reading »
CONSTITUTIONAL LAW & CRIMINAL PROCEDURE Sasha Kahn In Perozzo v. State, 493 P.3d 233 (Alaska Ct. App. 2021), the court of appeals held that a police officer’s request for a vehicle passenger’s identification before subsequently conducting a warrants check is not part of a “routine” traffic stop, meaning it cannot be done “without a reasonable Continue Reading »
CIVIL PROCEDURE Clara Nieman In PADRM Gold Mine, LLC v. Perkumpulan Investor Crisis Center Dressel – WBG, 498 P.3d 1073 (Alaska 2021), the supreme court held that legal malpractice claims are not involuntarily assignable but declined to decide whether such claims are voluntarily assignable. (Id. at 1078). A group of Indonesian citizens (Perkumpulan) filed a Continue Reading »
EMPLOYMENT LAW Sasha Kahn In Murphy v. Fairbanks North Star Borough, 494 P.3d 556 (Alaska 2021), the supreme court held that, based on legislative history and intent, the two-year statute of limitations on disability claims under the Alaska workers’ compensation statute applies to impairment claims as well. (Id. at 566–69). A mechanic working for the Continue Reading »
CRIMINAL PROCEDURE Sloane Bessey In Mollica v. State, 500 P.3d 1002 (Alaska Ct. App. 2021), the court held that when a defendant faces termination from a therapeutic court program, he or she is entitled to due process protections including written notice concerning the grounds for discharge, disclosure of the relevant evidence, and the chance to Continue Reading »
CRIMINAL LAW Sloane Bessey In Matter of Mark V., 501 P.3d 228 (Alaska 2021), the supreme court held that that for a less restrictive analysis in a commitment proceeding only options available at the time need to be considered and not all of the factors supporting a finding that a patient lacks competence to consent Continue Reading »
TRUSTS & ESTATES LAW Hannah Rogers In Matter of Estate of Rodman, 498 P.3d 1054 (Alaska 2021), the supreme court held that that the statute of frauds barred enforcement of alleged contracts for the state of land and that the alternative remedy of restitution was not warranted in all but one property. (Id. at Continue Reading »
HEALTH LAW Emma Giusto In Matter of April S, 499 P.3d 1011 (Alaska 2021), the supreme court held that the Office of Children’s Services (OCS) could not admit a minor for voluntary commitment under the parental admission statute. (Id. at 1013). April, a minor in OCS custody, was brought to a hospital where staff placed Continue Reading »
FAMILY LAW Melissa Gustafson In Mariah B. v. Department of Health & Social Services, 499 P.3d 1021 (Alaska 2021), the supreme court held that the mother in a parental rights termination hearing did not waive her evidentiary objection by failing to raise the objection for each question during the hearsay testimony. (Id. at 1022). The Continue Reading »
