CIVIL PROCEDURE Supreme Court of Alaska (2024) Brendan Genaw In Red Hook Constr., LLC v. Bishop, 556 P.3d 1188 (Alaska 2024), the supreme court held that a court’s incorrect assumptions regarding contractual damage calculations may serve as the basis for relief under Rule 60(b)(1); however, motions for relief from judgment under Rule 60(b)(1) must be Continue Reading »
FAMILY LAW Supreme Court of Alaska (2024) Grace Koh In Native Village of Kwinhagak v. Department of Health & Social Services, Office of Children’s Services, 542 P.3d 1099 (Alaska 2024), the supreme court held that while the Office of Children’s Services (OCS) had statutory authority to place a child in need of aid (CINA) in Continue Reading »
TRUSTS & ESTATES LAW Supreme Court of Alaska (2024) Rasa Kerelis In In the Matter of the Estate of Paul Arthur Bentley, No. S-17944, 2024 WL 4246121 (Alaska 2024), the supreme court held that a testator may choose Alaska law to govern the effect and interpretation of the will with regard to property located in Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2024) Grace Koh In Middleton v. State, 556 P.3d 276 (Alaska App. 2024), the court of appeals held that an amendment to AS 33.16.220(i), a provision authorizing the parole board to revoke all or a portion of a defendant’s remaining parole, was not fully retroactive. (Id.). In 2006, Continue Reading »
NATIVE LAW Supreme Court of Alaska (2024) Brendan Genaw The Indian Child Welfare Act (ICWA) allows Alaskan indigenous tribes to petition to transfer child custody proceedings from superior court to the tribe’s jurisdiction, and in Rosalind M. v. Dep’t of Fam. & Cmty. Servs., Off. of Children’s Servs., 555 P.3d 505 (Alaska 2024), the supreme Continue Reading »
FAMILY LAW Supreme Court of Alaska (2024) Madison Detweiler In J.M. v. S.C., 552 P.3d 475 (Alaska 2024), the supreme court held that the deterioration of a child’s emotional and behavioral health since the time of an original custody agreement constituted a substantial change of circumstances allowing for the modification of the original custody agreement. Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Melinda Xiong In Kelila v. State, 556 P.3d 284 (Alaska Ct. App. 2024), the court of appeals held that granting time spent on electronic monitoring for some crimes but not others, is not an equal protection violation of the Alaska Constitution. (Id. at 290). A man was Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2024) Abby Murray In Hank v. State, the court of appeals held that a trial court may accept a mandatory stipulation to element(s) of a crime, without first obtaining the defendant’s personal waiver of the right to a jury trial on the element(s), so long as: (1) the Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Grace Koh In Jacob G. v. Savanah F., 545 P.3d 885 (Alaska 2024), the supreme court held that a court may deny attorney’s fees to a successful domestic violence protective order (DVPO) petitioner only in exceptional circumstances and with explanation of its decision. (Id. at 891). After having Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2024) Abby Murray Here, the supreme court found clear and convincing evidence that District Court Judge Martin C. Fallon acted negligently, amounting to violations of Alaska Code of Judicial Conduct Canon 2A and 3B(8). Matter Involving Fallon, 544 P.3d 626, 628–29 (Alaska 2024). Specifically, Judge Fallon failed to decide Continue Reading »
