Year In Review

C.D. v. State

Posted on April 14th, 2021

FAMILY LAW Angela Sbano In C.D. v. State, the supreme court held that fairness required the court to establish an exclusionary rule whereby a minor’s own testimonial evidence at a waiver hearing could not subsequently be used against him as evidence in juvenile adjudication or adult criminal proceedings. 15-year-old C.D. was charged with first degree Continue Reading »

Norman v. State, Department of Health & Social Services

Posted on April 14th, 2021

CIVIL PROCEDURE Savannah Artusi In Norman v. State, Department of Health & Social Services, the supreme court held that a court may not accept a party’s offer as proof of the facts if the opposing party objects. The Department of Health & Social Services Office of Children’s Services (OCS) initiated proceedings to terminate a father’s Continue Reading »

State, Department of Health & Social Services v. Dara S

Posted on April 14th, 2021

FAMILY LAW Melissa English In State, Department of Health & Social Services v. Dara S., the supreme court held that the superior court did not clearly err by reinstating a mother’s parental rights, finding that this was in the best interest of the child. In a previous decision, the supreme court held that a superior Continue Reading »

Powell v. State

Posted on April 14th, 2021

CRIMINAL LAW Andrew Webb In Powell v. State, the court of appeals held that, in light of new case law, a Rule 60(b) motion may be filed to challenge erroneous procedural rulings in post-conviction relief proceedings, but final judgments are not entitled to relief based on prospective application of new case law. Following a jury Continue Reading »

In re Disciplinary Matter Involving Stockler

Posted on April 14th, 2021

ETHICS Christopher Dodd In In re Disciplinary Matter Involving Stockler, the supreme court held that suspension was the appropriate sanction for an attorney’s misconduct, since willfully failing to file income tax returns was a violation of ALASKA RULES OF PROF’L CONDUCT 8.4(b)(“a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as Continue Reading »

Mauritsen v. Mauritsen

Posted on April 14th, 2021

FAMILY LAW Daisy Gray In Mauritsen v. Mauristen, the supreme court held that courts should interpret the phrase “presently resides” in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) consistently with “residency” in AS 0.01.10.055. In 2016, the superior court entered a custody agreement that provided equal shared physical custody between Mauritsen and Mauritsen Continue Reading »

Matter of Arthur A.

Posted on April 14th, 2021

HEALTH LAW Macklin Willigan In Matter of Arthur A., the supreme court held that an individual subject to involuntary commitment proceedings has an implied statutory right to self-representation, and if the individual clearly and unequivocally invokes this right—though not absolute—the superior court must hold a preliminary hearing and consider the factors outlined in McCracken v. Continue Reading »

Rosenbaum v. Shaw

Posted on April 14th, 2021

FAMILY LAW Kate Goldberg In Rosenbaum v. Shaw, the supreme court held that a father was not entitled to credit or reimbursement for overpaid child support when the mother was receiving children’s insurance benefit (CIB) payments from the Social Security Administration (SSA) in addition to the regular monthly child support payments from the father. In Continue Reading »

Peidlow v. Williams

Posted on April 14th, 2021

NATIVE LAW Kristen M. Renberg, Ph.D. In Peidlow v. Williams,1the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit Continue Reading »

Johnson v. Municipality of Anchorage

Posted on March 26th, 2021

CRIMINAL LAW Daisy Gray   Johnson v. Municipality of Anchorage In Johnson v. Municipality of Anchorage, 475 P.3d 1128 (Alaska Ct. App. 2020), the court of appeals held that although a judge’s prior service as a municipal prosecutor did not disqualify her from presiding over a criminal case, her prior service as a municipal prosecutor Continue Reading »

Year In Review

C.D. v. State

Posted on April 14th, 2021

FAMILY LAW Angela Sbano In C.D. v. State, the supreme court held that fairness required the court to establish an exclusionary rule whereby a minor’s own testimonial evidence at a waiver hearing could not subsequently be used against him as evidence in juvenile adjudication or adult criminal proceedings. 15-year-old C.D. was charged with first degree Continue Reading »

Norman v. State, Department of Health & Social Services

Posted on April 14th, 2021

CIVIL PROCEDURE Savannah Artusi In Norman v. State, Department of Health & Social Services, the supreme court held that a court may not accept a party’s offer as proof of the facts if the opposing party objects. The Department of Health & Social Services Office of Children’s Services (OCS) initiated proceedings to terminate a father’s Continue Reading »

State, Department of Health & Social Services v. Dara S

Posted on April 14th, 2021

FAMILY LAW Melissa English In State, Department of Health & Social Services v. Dara S., the supreme court held that the superior court did not clearly err by reinstating a mother’s parental rights, finding that this was in the best interest of the child. In a previous decision, the supreme court held that a superior Continue Reading »

Powell v. State

Posted on April 14th, 2021

CRIMINAL LAW Andrew Webb In Powell v. State, the court of appeals held that, in light of new case law, a Rule 60(b) motion may be filed to challenge erroneous procedural rulings in post-conviction relief proceedings, but final judgments are not entitled to relief based on prospective application of new case law. Following a jury Continue Reading »

In re Disciplinary Matter Involving Stockler

Posted on April 14th, 2021

ETHICS Christopher Dodd In In re Disciplinary Matter Involving Stockler, the supreme court held that suspension was the appropriate sanction for an attorney’s misconduct, since willfully failing to file income tax returns was a violation of ALASKA RULES OF PROF’L CONDUCT 8.4(b)(“a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as Continue Reading »

Mauritsen v. Mauritsen

Posted on April 14th, 2021

FAMILY LAW Daisy Gray In Mauritsen v. Mauristen, the supreme court held that courts should interpret the phrase “presently resides” in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) consistently with “residency” in AS 0.01.10.055. In 2016, the superior court entered a custody agreement that provided equal shared physical custody between Mauritsen and Mauritsen Continue Reading »

Matter of Arthur A.

Posted on April 14th, 2021

HEALTH LAW Macklin Willigan In Matter of Arthur A., the supreme court held that an individual subject to involuntary commitment proceedings has an implied statutory right to self-representation, and if the individual clearly and unequivocally invokes this right—though not absolute—the superior court must hold a preliminary hearing and consider the factors outlined in McCracken v. Continue Reading »

Rosenbaum v. Shaw

Posted on April 14th, 2021

FAMILY LAW Kate Goldberg In Rosenbaum v. Shaw, the supreme court held that a father was not entitled to credit or reimbursement for overpaid child support when the mother was receiving children’s insurance benefit (CIB) payments from the Social Security Administration (SSA) in addition to the regular monthly child support payments from the father. In Continue Reading »

Peidlow v. Williams

Posted on April 14th, 2021

NATIVE LAW Kristen M. Renberg, Ph.D. In Peidlow v. Williams,1the supreme court held that the Indian Child Welfare Act (ICWA) requires a superior court that receives a tribal court order to first determine whether the order was issued in an ICWA child custody proceeding, and if it was, to follow the full faith and credit Continue Reading »

Johnson v. Municipality of Anchorage

Posted on March 26th, 2021

CRIMINAL LAW Daisy Gray   Johnson v. Municipality of Anchorage In Johnson v. Municipality of Anchorage, 475 P.3d 1128 (Alaska Ct. App. 2020), the court of appeals held that although a judge’s prior service as a municipal prosecutor did not disqualify her from presiding over a criminal case, her prior service as a municipal prosecutor Continue Reading »