Year In Review

In re Baron W.

Posted on May 6th, 2022

FAMILY LAW Megan Mason Dister In In re Baron W., 498 P.3d 1045 (Alaska 2021), the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians Continue Reading »

Happy Farmer, LLC v. Alaska State Fair

Posted on May 6th, 2022

PROPERTY LAW Hannah Rogers In Happy Farmer v. Alaska State Fair, 497 P.3d 568 (Alaska 2021), the supreme court held that a vendor’s entry into agreement with a fair organizer for use of a merchandise booth inside a fairground building did not create a constructive bailment or a bailment implied by fact that would impose Continue Reading »

Geisinger v. State

Posted on May 6th, 2022

CRIMINAL LAW Melissa Gustafson In Geisinger v. State, 498 P.3d 92 (Alaska Ct. App. 2021), the court of appeals held that the defendant was not entitled to post-conviction relief for convictions and sentencing related to manslaughter, first-degree assault, driving under the influence, leaving the scene of an injury accident, and second-degree forgery. (Id. at 95–96). Continue Reading »

Galindo v. State

Posted on May 6th, 2022

CRIMINAL LAW Sloane Bessey In Galindo v. State, 481 P.3d 686 (Alaska Ct. App. 2021), the court held that Special Conditions of Probation need to be supported by the record and if there are less restrictive alternatives those should be considered by the trial court. (Id. at 690–94). Galindo was convicted of first-degree sexual assault Continue Reading »

French v. State, Alaska Oil & Gas Conservation Commission

Posted on May 6th, 2022

ENVIRONMENTAL LAW Megan Mason Dister In French v. Alaska Oil & Gas Conservation Commission, 498 P.3d 1026 (Alaska 2021), the supreme court held that the Alaska Oil and Gas Conservation Commission (AOGCC) has jurisdiction over determining if a gas leak is waste and the AOGCC’s hearings must be supported by substantial evidence. (Id. at 1028). Continue Reading »

Dunleavy v. Alaska Legislative Council

Posted on May 6th, 2022

CONSTITUTIONAL LAW Emma Giusto In Dunleavy v. Alaska Legislative Council, 498 P.3d 608 (Alaska 2021), the supreme court held that Alaska Statute § 39.05.080(3) and House Bill 309, both of which provided that legislative inaction on the Governor’s appointments was akin to a rejection, were unconstitutional. (Id. at 612–13). In 2020, Governor Dunleavy provided over Continue Reading »

Disciplinary Matter Involving Chaobal

Posted on May 6th, 2022

ETHICS Sasha Kahn In Disciplinary Matter Involving Chaobal, 498 P.3d 617 (Alaska 2021), the supreme court held that a thirty-month suspension, with two years and one day to be served, is an appropriate sanction for an attorney’s misconduct when the attorney in separate cases has knowingly failed to follow nine different state ethics rules. (Id. Continue Reading »

Cynthia W. v. Department of Health & Social Services

Posted on May 6th, 2022

FAMILY LAW Melissa Gustafson In Cynthia W. v. Department of Health & Social Services, 497 P.3d 981 (Alaska 2021), the supreme court held that Alaska’s child-in-need-of-aid (CINA) laws for determining if a child is at substantial risk of sexual abuse do not require the superior court to distinguish a sexual abuse indictment from a conviction Continue Reading »

Compton v. State

Posted on May 6th, 2022

CRIMINAL PROCEDURE Sasha Kahn In Compton v. State, 485 P.3d 56 (Alaska Ct. App. 2021), the court of appeals held that a trial judge’s ruling that parties could not play recordings of conversations for the jury unless the witness who made the statement denied having made that statement was in violation Rule 613(b) of the Continue Reading »

Ahtna, Inc. v. Department of Natural Resources

Posted on January 1st, 2022

NATIVE LAW Emma Giusto In Ahtna, Inc. v. Department of Natural Resources, 2021 Alas. LEXIS 26 (Alaska, Mar. 12, 2021), the supreme court held that (1) the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601–1629h extinguished aboriginal title and retroactively validated the State’s right of way over Native land, and (2) the right Continue Reading »

Year In Review

In re Baron W.

Posted on May 6th, 2022

FAMILY LAW Megan Mason Dister In In re Baron W., 498 P.3d 1045 (Alaska 2021), the supreme court held that the removal of a guardian is not a termination of parental rights nor a foster care placement under the Indian Child Welfare Act (ICWA), 21 U.S.C. §1912, and the standard used for removal of guardians Continue Reading »

Happy Farmer, LLC v. Alaska State Fair

Posted on May 6th, 2022

PROPERTY LAW Hannah Rogers In Happy Farmer v. Alaska State Fair, 497 P.3d 568 (Alaska 2021), the supreme court held that a vendor’s entry into agreement with a fair organizer for use of a merchandise booth inside a fairground building did not create a constructive bailment or a bailment implied by fact that would impose Continue Reading »

Geisinger v. State

Posted on May 6th, 2022

CRIMINAL LAW Melissa Gustafson In Geisinger v. State, 498 P.3d 92 (Alaska Ct. App. 2021), the court of appeals held that the defendant was not entitled to post-conviction relief for convictions and sentencing related to manslaughter, first-degree assault, driving under the influence, leaving the scene of an injury accident, and second-degree forgery. (Id. at 95–96). Continue Reading »

Galindo v. State

Posted on May 6th, 2022

CRIMINAL LAW Sloane Bessey In Galindo v. State, 481 P.3d 686 (Alaska Ct. App. 2021), the court held that Special Conditions of Probation need to be supported by the record and if there are less restrictive alternatives those should be considered by the trial court. (Id. at 690–94). Galindo was convicted of first-degree sexual assault Continue Reading »

French v. State, Alaska Oil & Gas Conservation Commission

Posted on May 6th, 2022

ENVIRONMENTAL LAW Megan Mason Dister In French v. Alaska Oil & Gas Conservation Commission, 498 P.3d 1026 (Alaska 2021), the supreme court held that the Alaska Oil and Gas Conservation Commission (AOGCC) has jurisdiction over determining if a gas leak is waste and the AOGCC’s hearings must be supported by substantial evidence. (Id. at 1028). Continue Reading »

Dunleavy v. Alaska Legislative Council

Posted on May 6th, 2022

CONSTITUTIONAL LAW Emma Giusto In Dunleavy v. Alaska Legislative Council, 498 P.3d 608 (Alaska 2021), the supreme court held that Alaska Statute § 39.05.080(3) and House Bill 309, both of which provided that legislative inaction on the Governor’s appointments was akin to a rejection, were unconstitutional. (Id. at 612–13). In 2020, Governor Dunleavy provided over Continue Reading »

Disciplinary Matter Involving Chaobal

Posted on May 6th, 2022

ETHICS Sasha Kahn In Disciplinary Matter Involving Chaobal, 498 P.3d 617 (Alaska 2021), the supreme court held that a thirty-month suspension, with two years and one day to be served, is an appropriate sanction for an attorney’s misconduct when the attorney in separate cases has knowingly failed to follow nine different state ethics rules. (Id. Continue Reading »

Cynthia W. v. Department of Health & Social Services

Posted on May 6th, 2022

FAMILY LAW Melissa Gustafson In Cynthia W. v. Department of Health & Social Services, 497 P.3d 981 (Alaska 2021), the supreme court held that Alaska’s child-in-need-of-aid (CINA) laws for determining if a child is at substantial risk of sexual abuse do not require the superior court to distinguish a sexual abuse indictment from a conviction Continue Reading »

Compton v. State

Posted on May 6th, 2022

CRIMINAL PROCEDURE Sasha Kahn In Compton v. State, 485 P.3d 56 (Alaska Ct. App. 2021), the court of appeals held that a trial judge’s ruling that parties could not play recordings of conversations for the jury unless the witness who made the statement denied having made that statement was in violation Rule 613(b) of the Continue Reading »

Ahtna, Inc. v. Department of Natural Resources

Posted on January 1st, 2022

NATIVE LAW Emma Giusto In Ahtna, Inc. v. Department of Natural Resources, 2021 Alas. LEXIS 26 (Alaska, Mar. 12, 2021), the supreme court held that (1) the Alaska Native Claims Settlement Act (ANCSA), 43 U.S.C. §§ 1601–1629h extinguished aboriginal title and retroactively validated the State’s right of way over Native land, and (2) the right Continue Reading »