CRIMINAL PROCEDURE Court of Appeals of Alaska (2024) Brendan Genaw In Dixon v. State, 553 P.3d 1273 (Alaska Ct. App. 2024), the court of appeals held that a criminal defendant has the right to be physically present in the courtroom for a restitution hearing under the United States Constitution, the Alaska Constitution, and Alaska R. Continue Reading »
EMPLOYMENT LAW Supreme Court of Alaska (2024) Rasa Kerelis In Department of Family and Community Services, Office of Children’s Services v. Lane 542 P.3d 1124 (Alaska 2024), the supreme court denied a post-trial motion for a new trial, vacated the superior court’s damages judgment to limit noneconomic damages calculations, and remanded for further proceedings. (Id.). Continue Reading »
ENVIRONMENTAL LAW Supreme Court of Alaska (2024) Caitlyn Leary In Alaska Trappers Ass’n, Inc. v. City of Valdez, 548 P.3d 332 (Alaska 2024), the supreme court held that a city ordinance regulating trapping was a valid exercise of the city’s authority over public safety and land use. (Id. at 340). In 2005, the City of Continue Reading »
FAMILY LAW Supreme Court of Alaska (2024) Abby Murray In Adam F. v. Caitlin B., 551 P.3d 553 (Alaska 2024), the supreme court affirmed the superior court’s decision to temporarily suspend a father’s visitation with his child pending his engagement in a domestic violence intervention program (DVIP). Adam F. v. Caitlin B., 551 P.3d 553, Continue Reading »
EMPLOYMENT LAW Supreme Court of Alaska (2024) Rosa Gibson In Amos v. Tidwell, 552 P.3d 1060 (Alaska 2024), the supreme court held that (1) the Alaska Workers’ Compensation Appeals Commission (the “Commission”) exceeded its authority in creating a “buddy” exemption to the Alaska Workers’ Compensation Act (Act), and (2) the productive/ consumptive distinction did not Continue Reading »
CRIMINAL LAW Supreme Court of Alaska (2024) Scott Tompetrini In Amarok v. State, 543 P.3d 259 (Alaska Ct. App. 2024), the court of appeals did not to overrule prior cases that outlined rules for remanding cases when a convicted defendant alleges ineffective assistance of counsel from their post-conviction relief attorney. (Id. at 261). Amarok was Continue Reading »
NATIVE LAW Supreme Court of Alaska (2024) Melinda Xiong In Anton K. v. Department of Family & Community Services, Office of Children’s Services, 554 P.3d 456 (Alaska 2024), the supreme court upheld the termination of parental rights under the Indian Child Welfare Act (ICWA), after finding that the Office of Children’s Services (OCS) had made Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2024) Rosa Gibson In Aiken v. Alaska Addiction Professionals Ass’n, 552 P.3d 454 (Alaska 2024), the supreme court held that, because a newly incorporated organization was the same entity as a previously dissolved organization and retained the prior organization’s membership and bylaws, new officers elected pursuant to those bylaws Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Scott Tompetrini In Blake J. v. State, 554 P.3d 430 (Alaska 2024), the supreme court held that the statute of limitations for tort claims does not toll when a child remains in the custody of the state past their 18th birthday. (Id. at 437). “Blake J.,” previously sued Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Jack Jeffrey In Beltz v. State, 551 P.3d 583 (Alaska Ct. App. 2024), the court of appeals held that an arrestee only commits the voluntary act required for the offense of promoting contraband in a correctional facility when the arrestee knows that maintaining possession of the contraband Continue Reading »
