FAMILY LAW Supreme Court of Alaska (2023) Allyson Barkley In Penn P. v. Department of Health & Social Services, Office of Children’s Services, 522 P.3d 659 (Alaska 2023), the supreme court reaffirmed the existing standard for allegations of ineffective assistance of counsel in parental rights termination cases. (Id. at 670). Penn P. and June were Continue Reading »
HEALTH LAW Supreme Court of Alaska (2023) Sarah Edwards In Matter of Sergio F., 529 P.3d 74 (Alaska 2023), the supreme court held that the State has the burden of proving that there are no less restrictive treatment options available when seeking involuntary commitment of an individual. (Id. at 80). Sergio F. was taken into Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Katie Raya In Mack v. State, 523 P.3d 1235 (Alaska Ct. App. 2023), the court of appeals held that an appellate attorney has a duty to consult with their client regarding the possibility of filing an appeal or petition for hearing, and that the failure to consult Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2023) Olivia Wagner In Highlight Canyon, LLC v. Cioffoletti, 533 P.3d 929 (Alaska 2023), the supreme court held that (1) actions taken after the filing of a motion to dismiss for failure to prosecute do not preclude dismissal, and (2) a substitution of counsel, without more, is not a Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Shaun Thompson In Clayton v. State, 535 P.3d 909 (Alaska Ct. App. 2023), the court of appeals held that erroneous statements comprising only a small part of an expert’s testimony did not render a trial fundamentally unfair in violation of due process. (Id. at 920). In 1987, Continue Reading »
NATIVE LAW Supreme Court of Alaska (2023) Catherine Cole In Taryn M. v. Department of Family & Community Services, Office of Children’s Services, 529 P.3d 523 (Alaska 2023), the supreme court held that (1) under the Indian Child Welfare Act (ICWA), the Office of Children’s Services (OCS) must prove a caretaker’s unsuitability by clear and Continue Reading »
GOVERNMENT Supreme Court of Alaska (2023) Kubi Johnson In Pruitt v. State, 526 P.3d 136 (Alaska 2023), the supreme court held Pruitt asserted nonfrivolous constitutional claims and remanded for further proceedings on whether sanctions are proper. Lance Pruitt lost a close election to Elizabeth Snyder. (Id. at 138). Pruitt sued the State alleging it failed Continue Reading »
TRUSTS & ESTATES LAW Supreme Court of Alaska (2023) Justin T. Reed In Matter of Estate of Evensen, 531 P.3d 969 (Alaska 2023), the supreme court held that if the original of a will document cannot be found, there is a rebuttable presumption that the testator revoked it. (Id. at 978). In 1994, Evensen drafted Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2023) Hannah Berg In Bragg v. Teslow, 533 P.3d 533 (Alaska 2023), the supreme court held that an award of full attorneys’ fees is appropriate only where a claim or motion is “collectively or individually so lacking in merit that it is permissible to infer that [the non-prevailing party] Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Cara Shanahan In Vang v. Pa, 531 P.3d 979 (Alaska 2023), the supreme court held that money transfers are not presumptively treated as gifts between parties who are not legally married and do not establish a domestic partnership at trial. (Id. at 984). Tong Vang and Pa Kou Continue Reading »
