FAMILY LAW Supreme Court of Alaska (2023) Kubi Johnson In Tuluksak Native Cmty. v. Dep’t of Health & Soc. Servs., 530 P.3d 359 (Alaska 2023), the supreme court held the Office of Children’s Services (OCS) may place an Alaskan Native child at a psychiatric treatment facility under AS 47.10.087 if the child is suffering from Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2023) Hannah Berg In Martinez v. State, 550 P.3d 1131 (Alaska Ct. App. 2023), the court of appeals held that a lack of a translator in a criminal defendant’s native language does not automatically render involuntary a waiver of the right to testify. (Id. at 1133). Martinez was Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Shaun Thompson In Hudson v. Hudson, 532 P.3d 272 (Alaska 2023), the supreme court held that a person concealing plans to separate from their spouse is not economic misconduct, so long as (1) marital property was not used for the [separating] spouse’s own benefit; (2) while the marriage Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Cara Shanahan In Stockton v. Stockton, 532 P.3d 735 (Alaska 2023), the supreme court held that (1) a person who is experiencing depression but still able to work and care for children is not so incompetent as to invalidate a default judgment dividing marital property; and (2) failure Continue Reading »
HEALTH LAW Supreme Court of Alaska (2023) Steve Stenquist In Matter of Tonja P., 524 P.3d 795 (Alaska 2023), the supreme court ruled that involuntary commitment is proper where a court determines that commitment is the least restrictive possible treatment measure, and that an order to medicate the patient is proper where the side effects Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Sammy Sawyer In Esguerra v. State, 536 P.3d 241 (Alaska Ct. App. 2023), the court of appeals held that the State is not precluded from pursuing criminal charges under the doctrines of res judicata and collateral estoppel when the State failed to prove those same charges in Continue Reading »
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 »
