PROPERTY LAW Supreme Court of Alaska (2023) Katie Raya In Shields v. Clark, 534 P.3d 94 (Alaska 2023), the supreme court determined that a monetary transfer for home purchase, even when accompanied by a gift letter, could be recognized as an interest in the property if the parties’ conduct indicated their clear intention for the Continue Reading »
HEALTH LAW Supreme Court of Alaska (2023) Justin T. Reed In Matter of Abigail B., 528 P.3d 440 (Alaska 2023), the supreme court held that the prolonged pre-evaluation detention of a mental health patient violates the patient’s substantive due process rights when the nature and duration of that detention is not reasonably related to the Continue Reading »
TORT LAW Supreme Court of Alaska (2023) Sammy Sawyer In Downing v. Shoreside Petroleum, Inc., 528 P.3d 874 (Alaska 2023), the supreme court held that a plaintiff who has proven harm to her future earning capacity from her injuries need not prove the amount of lost future earnings to a reasonable certainty to be eligible Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Steve Stenquist In Blythe P. v. Department of Health & Social Services, Office of Children’s Services 524 P.3d 238 (Alaska 2023), the supreme court overturned State, Department of Health and Social Services, Office of Children’s Services v. Zander B. 474 P.3d 1153, (Alaska, 2020), holding that whenever an Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Kubi Johnson In Tuluksak Native Cmty. v. Dep’t of Health & Soc. Servs., 530 P.3d 359 (Alaska 2023), the supreme court held the Office of Children’s Services (OCS) may place an Alaskan Native child at a psychiatric treatment facility under AS 47.10.087 if the child is suffering from Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2023) Hannah Berg In Martinez v. State, 550 P.3d 1131 (Alaska Ct. App. 2023), the court of appeals held that a lack of a translator in a criminal defendant’s native language does not automatically render involuntary a waiver of the right to testify. (Id. at 1133). Martinez was Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Shaun Thompson In Hudson v. Hudson, 532 P.3d 272 (Alaska 2023), the supreme court held that a person concealing plans to separate from their spouse is not economic misconduct, so long as (1) marital property was not used for the [separating] spouse’s own benefit; (2) while the marriage Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Cara Shanahan In Stockton v. Stockton, 532 P.3d 735 (Alaska 2023), the supreme court held that (1) a person who is experiencing depression but still able to work and care for children is not so incompetent as to invalidate a default judgment dividing marital property; and (2) failure Continue Reading »
HEALTH LAW Supreme Court of Alaska (2023) Steve Stenquist In Matter of Tonja P., 524 P.3d 795 (Alaska 2023), the supreme court ruled that involuntary commitment is proper where a court determines that commitment is the least restrictive possible treatment measure, and that an order to medicate the patient is proper where the side effects Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Sammy Sawyer In Esguerra v. State, 536 P.3d 241 (Alaska Ct. App. 2023), the court of appeals held that the State is not precluded from pursuing criminal charges under the doctrines of res judicata and collateral estoppel when the State failed to prove those same charges in Continue Reading »
