FAMILY LAW Supreme Court of Alaska (2024) Madison Detweiler In J.M. v. S.C., 552 P.3d 475 (Alaska 2024), the supreme court held that the deterioration of a child’s emotional and behavioral health since the time of an original custody agreement constituted a substantial change of circumstances allowing for the modification of the original custody agreement. Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Melinda Xiong In Kelila v. State, 556 P.3d 284 (Alaska Ct. App. 2024), the court of appeals held that granting time spent on electronic monitoring for some crimes but not others, is not an equal protection violation of the Alaska Constitution. (Id. at 290). A man was Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Abby Murray In Hank v. State, the court of appeals held that a trial court may accept a mandatory stipulation to element(s) of a crime, without first obtaining the defendant’s personal waiver of the right to a jury trial on the element(s), so long as: (1) the Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Grace Koh In Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024), the supreme court held that a court may deny attorney’s fees to a successful domestic violence protective order (DVPO) petitioner only in exceptional circumstances and with explanation of its decision. (Id. at 891). After having Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Abby Murray Here, the supreme court found clear and convincing evidence that District Court Judge Martin C. Fallon acted negligently, amounting to violations of Alaska Code of Judicial Conduct Canon 2A and 3B(8). Matter Involving Fallon, 544 P.3d 626, 628–29 (Alaska 2024). Specifically, Judge Fallon failed to decide Continue Reading »
NATIVE LAW Supreme Court of Alaska (2024) Rosa Gibson In Ito v. Copper River Native Ass’n., 547 P.3d 1003 (Alaska 2024), the supreme court overturned Runyon ex rel. B.R. v. Ass’n. of Village Council Presidents, 84 P.3d 437 (Alaska 2004), and held that the Copper River Native Association (CRNA) was entitled to sovereign immunity because, Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Holly Merrill In Groom v. State, 551 P.3d 567 (Alaska Ct. App. 2024), the court of appeals held that the defendant’s Sixth Amendment right to a jury trial was not violated when a judge determined the amount of restitution he owed. (Id. at 574). Groom was convicted Continue Reading »
ETHICS & PROFESSIONAL RESPONSIBILITY Supreme Court of Alaska (2024) Rosa Gibson In Disciplinary Matter Involving Crittenden, 554 P.3d 440 (Alaska 2024), the supreme court held that immediate disbarment was the appropriate sanction for a lawyer’s misconduct when the lawyer neglected duties to his clients, failed to safekeep his clients’ funds, and used such funds for Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Lauren Beizer In Drummer v. State of Alaska, 545 P.3d 452 (Alaska Ct. App. 2024), the court of appeals held that there was no self-incrimination violation at the trial court level, there was no abuse of discretion found at the trial court level, there was no error Continue Reading »
TRUSTS & ESTATES LAW Supreme Court of Alaska (2024) Rasa Kerelis In Guerra v. Wallace, the supreme court affirmed summary judgment and held that an attorney did not owe a duty of care to a nonclient (in this case, the beneficiary of an estate), nor did the attorney owe a duty of care to prevent Continue Reading »
