CRIMINAL LAW Court of Appeals of Alaska (2024) Ryan Ciemny In Summerall v. State, 553 P.3d 1255 (Alaska Ct. App. 2024), the court of appeals held that Alaska Statute § 12.55.090(c), as amended in 2019, applies to conduct, including new probation violations, that occurred on or after its effective date of July 9, 2019. (Id. Continue Reading »
NATIVE LAW Supreme Court of Alaska (2024) Ryan Ciemny In O’Brien v Delaplain, 2024 WL 4312649 (Alaska Sept. 27, 2024), the supreme court held that the superior court can exercise its discretion in conducting custody interviews with children via videoconference and that the court properly determined the custody action was a “foster care placement” under Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2024) Ryan Ciemny In Societe Financial, LLC v. MJ Corporation, 542 P.3d 1159 (Alaska 2024), the supreme court held that a corporation or individual may commit a conversion on money that was wrongfully diverted into its bank account, even if by mistake, because intent to exercise dominion or control Continue Reading »
ADMINISTRATIVE LAW Supreme Court of Alaska (2024) Ryan Ciemny In City of Soldotna v. State, 2024 WL 4312593 (Alaska Sept. 27, 2024), the supreme court held that it is within the Local Boundary Commission’s (the Commission) statutory authority to convert an annexation petition and subject it to local vote instead of legislative review if the Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Grace Koh In Williams v. Strong, No. S-18528, 2024 WL 4097340 (Alaska 2024), the supreme court held that the complainant’s breach of contract claim was untimely because the three-year statute of limitations began to run when he was placed on inquiry notice of defects in his neighbors’ reconstruction Continue Reading »
TORT LAW Supreme Court of Alaska (2024) Lauren Beizer In Torrence v. Blue, 552 P.3d 489 (Alaska 2024), the supreme court held that an inmate’s original complaint included a valid claim for civil battery, therefore, reversing the dismissal of the case decided by the superior court. (Id. at 495). Thus, the case was remanded for Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Madison Detweiler In Smith v. State, 549 P.3d 145 (Alaska Ct. App. 2024), the court of appeals held that courts are not constitutionally required to affirmatively instruct grand juries that they have discretion to decline to indict in a particular case. (Id. at 153). Smith was indicted Continue Reading »
FAMILY LAW Supreme Court of Alaska (2024) Caitlyn Leary In Tara R. v. Department of Family & Community Services, Office of Children’s Services, 541 P.3d 539 (Alaska 2024), the Alaska Supreme Court held that foster parents are not permitted to intervene in a case regarding termination of parental rights except under rare circumstances. (Id. at Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Lauren Beizer In State of Alaska v. Fletcher, 555 P.3d 1046 (Alaska Ct. App. 2024), after the superior court ruled that a new constitutional rule applied retroactively, the court of appeals held that (1) the purpose of the new rule supported its full retroactive application; (2) the Continue Reading »
CONSTITUTIONAL LAW Supreme Court of Alaska (2024) Melinda Xiong In Matter of Jayden A., 551 P.3d 551 (Alaska 2024), the supreme court held that the superior court’s failure to schedule a requested review detention hearing as immediately as possible, raised substantive due process concerns. (Id. at 553). A court ordered a patient’s hospitalization for evaluation Continue Reading »
