Burns-Marshall failed to do any of these things; it was reasonable to find he was not entitled to introduce new evidence over a month after the court's decision.11. "Students really appreciate appearing before an actual judge and receiving feedback. At the time of trial she was enrolled in a nursing program at an Arizona university. The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Superior Court Judge Lybrand (See above note regarding. xref to the public on a first-come, first seated basis. assignment, students are expected to produce a document that looks like one that would 1742 . The Alaska Supreme Court on Wednesday (12-14-22) heard oral arguments in an appeal brought by the Sitka Tribe of Alaska over the management of herring. scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. If you have any questions, please contact the court at (907) 772-3824 and hit 0 or send an email to 1PEmailbox@akcourts.gov, If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. Terms of Use, Coordinated Resources Project /CRP/Mental Health Court, The District Court Criminal/Minor Offenses, Defendants who are in Ketchikan are expected to appear in person for criminal hearings. The Alaska Supreme Court consists of five justices. Alaska. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. 14. 11. The supreme court has final state appellate jurisdiction in both civil and criminal law matters. Typically, Current MO&Js are also available on the Alaska Court System website. UAA is a comprehensive, open access, public university established on the ancestral The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. be filed in court. Language Assistance students to explore in depth a complicated legal issue and really examine how legal 21-002 MEMORANDUM OPINION AND JUDGMENT* No. (1) In expedited election appeals under Rule 216.5, oral argument will automatically be held unless it is affirmatively waived under Rule 216.5 (g). Burns-Marshall worked seasonally as a pipe layer and found other temporary employment or collected unemployment compensation during the winter. Customers should call 874-2311 or email 1WRmailbox@akcourts.gov to schedule a time to meet with the Clerk. [T]he superior court must consider sales costs when its property division is premised on an economically disadvantaged party being forced to sell a house.12 But that was not the case here: the court found that Burns-Marshall was the economically advantaged party and allowed him to decide whether to sell the property awarded to him.13. Cruise Town. Cf. Supreme Court Nos. From 1884 until the establishment of Alaska Supreme Court, the United States Territorial District Court for the District of Alaska was the highest judicial body in Alaska. Locations & Hours 0 The Alaska Legislature may change the court's procedural rules by passing an act expressing its intent to do so by a two-thirds majority of both houses. Students really appreciate appearing before an actual judge and receiving feedback. UAA strives to make its online experiences accessible. The chief justice holds that office for three years and may not serve consecutive terms. Kenai Peninsula College, Alutiiq Studies Kodiak The court observed that Krogman would no longer have health insurance and that the disparity in the parties income required it to deviate from a 50/50 split. v. In the suit, civil rights groups are challenging the Alaska state. THE SUPREME COURT OF THE STATE OF ALASKA ANTHONY V. BENNETT, Appellant, v. EUGENIA BENNETT, Appellee. ) The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. It included inflation and cost-of-living adjustments, and medical coverage for a public employee or teacher and their dependents when they retired as soon as age 50. argue them, are identified on hearing lists for each session and on Sarah D. v. John D., 352 P.3d 419, 430 (Alaska 2015) (Under AS 25.24.150(g) superior courts must consider alleged incidents of domestic violence. (quoting Parks v. Parks, 214 P.3d 295, 302 (Alaska 2009) (per curiam))). It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. CINA/DL Parties: contact the court at (907) 424-7312 or email 3COmailbox@akcourts.gov for call-in information. <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. On the Friday of 18332, 18419: AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES: April 7, 2023: Supreme Court No. Careers Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, Livestream Hearings can be viewed at: https://stream.akcourts.gov/. (3) Preparation Not at Public Expense. But that wasnt the point. Also see FAQs on how to participate in a Zoom Hearing/Meeting. Learn more about UA's notice of nondiscrimination. Through The superior court found no good cause to reopen the trial record and denied the motion. Their only child was born in 2011. Contact your local cable provider for channel information. Alaska R. App. AVCG sought the States approval to create overriding royalty interests on the leases. Metcalfe said he doesnt really plan to work for the state a requirement for him to buy his way back into the Tier 1 benefit program. trailer and other impacts were raised during oral argument. Details. Please try again. When the legislature did this in 2005, there was a lot of pushback, I think, within the legal community, people giving advice, saying This is not right. - Opens in New Program (ANIROP), Recruitment and Retention of Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. You cant do this. Under the Alaska Constitution, the supreme court establishes rules for the administration of all courts in the state and for practice and procedure in civil and criminal cases. The Court holds oral argument in about 70-80 cases each year. The public may watch proceedings on Gavel Alaska, but not attend in-person. The court also changed the day of one of the scheduled weekly calls between Burns-Marshall and the child. Burns-Marshall testified that he and Krogman were both great parents and that neither of them had substance abuse problems or had committed domestic violence. Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. In June Burns-Marshall filed a motion to reopen the trial record under Alaska Civil Rule 59 on the grounds that [he] had no notice of the issues to be tried and was unable to present relevant evidence as a result. He argued that he would have presented different evidence at trial if he had notice that Krogman would allege domestic violence and substance abuse. But the hearing . Students are required to style. I dont think the legislature or the governor should be willy-nilly trying to limit benefits, or freedom of speech, or anything else that is protected in the Constitution.. All podcasts. %PDF-1.7 % You're all set! Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. You can explore additional available newsletters here. They owned a condominium in Anchorage and a vacant lot in Homer. The following is a list of conference line numbers for each judge. 40 Years in Corrections: Are We Going Forward or Backward? HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+# CTF35b4N%r/yea\z_13@ pprM,-g=>qc0"bfA`$wgS8!ds{Gai uMm. Indigenous and Rural 0000005790 00000 n Arguments are generally Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach Choate said the decision applies to any former employee who cashed out and has yet to return to work and those who already returned to work under a less-generous retirement plan. Compliance, Activities and See what's Rikelman speaks to abortion rights supporters after the U.S. Supreme Court heard oral arguments on March 4, 2020 Alyssa SchukarCenter for Reproductive Rights/AP 'Concerning for the rule of law' The cafeteria and gift shop are Contact us. Alternate conference lines (toll free): 1-877-853-5247 or 1-833-548-0276 or 1-833-548-0282, See also Court Calendars, Court Directory, Filing Instructions, Search Cases. Request Copies ORAL ARGUMENTS. For the oral argument assignment, pictured Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. And the legislature chose to do it anyway because they thought it would save them a lot of money. available via our. In the course of the 2016 budgetary process, the Alaska legislature appropriated a sum of money for dividend distributions. ) ) ) ) ) ) ) ) ) Supreme Court No. KTOO News Update. ALASKA COURT RULES 2 210 Record on Appeal. Alaska Supreme Court, Opinion No. social sciences. 12. Tab/Window, - Opens in New (Mother) v. State of Alaska DHSS, OCS, Estate of Molly Parks v. Petersburg Borough, William Chris Allen, & State of Alaska (Unpublished), AAA Concrete Construction, Inc. v. Richard Humphrey, Richard Humphrey v. Michael L. Mitchell and AAA Concrete Construction, Inc. (Unpublished), Hajjah Din f/k/a Raymond Leahy v. Earl Houser and James Duncan (Unpublished), Mark N. Wayson v. William E. Stevenson (Unpublished), Zachary Bryant McCann v. Jennifer Whitney McCann (Unpublished). Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. success and well-being. This site is protected by reCAPTCHA and the Google. The court denied his motion. : S-18170: LANCE PRUITT v. In November the court entered a partial final judgment against Burns-Marshall in the principal amount of $73,266.29 and attorney's fees in the amount of $7,500 plus statutory interest. The superior court is required to consider evidence of domestic violence in a child custody determination.9 The primary purpose of the statutory domestic violence presumption in child custody cases is to protect children from potentially adverse custody determinations in response to growing evidence that domestic violence has severe and long-lasting effects on children by ensuring that domestic violence [is] adequately and specifically included when courts analyzed a child's best interests.10 Krogman alleged a pattern of domestic violence by Burns-Marshall; it was appropriate and necessary for the court to consider it. Restitution Collection, Accessibility open to the public. From academic advising to student clubs and residence life, we're After her separation from Burns-Marshall, Krogman moved to Arizona. The assignment prepares students to be able to transfer those skills to legal research A justice must be licensed to practice law in Alaska at the time of appointment and must have engaged in the active practice of law for eight years. the local legal community, and within UAA, the hope is that the presence of a simulated And maybe, nobody would do anything about it.. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. graduation. `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). Furthermore, the superior court is only required to consider the cost of sale of awarded property in a property division when the sale is certain and the direct result of the property division.14 Here the court acknowledged that Burns-Marshall could decide whether to sell or keep the properties, even though it recognized that Burns-Marshall would likely have to sell or liquidate some assets to make the equalization payment. Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college Burns-Marshall called five rebuttal witnesses who testified that Krogman had never told them that Burns-Marshall committed domestic violence or had a substance abuse problem. the instructor in Trial and Advanced Litigation Processes. Shows & Podcasts. TECK AMERICAN INCORPORATED STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES v. VALHALLA MINING LLC, IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough, AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES, LANCE PRUITT v. STATE OF ALASKA OFFICE OF LT GOVERNOR KEVIN MEYER DIVISION OF ELECTIONS GAIL FENUMIAI ELIZABETH HODGES SNYDER, MIRANDA v. DEPARTMENT OF HEALTH SOCIAL SERVICES OFFICE OF CHILDREN SERVICES. CINA/DL Parties: contact the court at (907) 822-3405 or email 3GLmailbox@akcourts.gov for call-in information. In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. go to law school will benefit from taking Legal Studies courses," Fortson says. But the governor vetoed about half of the appropriation, and the legislature did not override the veto. Court of Appeals Oral Argument Calendar April 2023 Anchorage, Boney Courthouse Date Time Minutes Case# Case Name Per Side A13622 Anthony Jenkins-Alexie v. State of Alaska 04/27/2023 9:30 am 30 Party Attorney Firm Anthony Jenkins-Alexie Public Defender Agency, Anchorage Emily L. Jura State of Alaska Donald Soderstrom Attorney General's Office urged the West Virginia Supreme Court to join the courts rejecting probable cause and hold "that reason-able suspicion applies here" (Oral Argument at 1:19:29-1:19:45 (Sept. 27, 2022), https://youtu.be/ 2tzFiUgkrAc). S. Henderson. State-of-the-art classroom instruction and hands-on learning collide in UAA's innovative academic Anchorage Baptist Temple (ABT) and other churches are seeking to intervene in two lawsuits brought by the ACLU and some Alaska . Burns-Marshall asserted that two hours on the additional day of trial would be sufficient to present his rebuttal. 1. Because the husband waived any argument that he should be allowed to present additional evidence and the court did not abuse its discretion in its property division, we affirm. Retention of Alaska Natives into Nursing, Listen to podcasts of UAA Campus Bookstore presentations, Conversations about landlord tenant law in Alaska, Ingrid Johnson's newest publication explores victim-survivors reasons for not reporting to the police, Working in Institutional and Community Corrections, The Resurgence of Tribal Courts: A Tribal Judge's Perspective, Time to Legalize? The five supreme court justices, by majority vote, select one of their members to be the chief justice. Trial and Advanced Litigation Processes (LEGL A487) embraces See Kollander v. Kollander, 400 P.3d 91, 94 n.3 (Alaska 2017) (Because [appellant] addresses these issues only cursorily and does not cite to authority for either argument, we consider them waived.). All rights reserved. 375 0 obj <> endobj Diversity and Inclusion, Community Courtroom lectures are offered on a first-come, first-served basis. In 2005, the Legislature shut all of that down. Innovation, Excellence Wrangell customer service is modified to be appointment only. Mr. Guarnieri. While the court's property division made it likely that Burns-Marshall would have to sell or liquidate some property to make the equalization payment to Krogman, the sale of the real property was not so certain as to require the court to consider the consequences of its sale.15 Under these circumstances, it was not an abuse of discretion to award Burns-Marshall the property without considering the costs of sale.16. (6) Costs. Fortson, 131 P.3d at 461 (Where a court order or external conditions force a party to sell, the court must grant the party necessary costs because the court's failure to make provision for the costs of repairs and sale of the real property awarded defeat[s] its stated goal of awarding [an economically disadvantaged party] the greater share of the marital estate. (alterations in original) (quoting Tollefsen, 981 P.2d at 572)); see also Beal, 88 P.3d at 117. The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. academic and personal Alaska Natives into Nursing (RRANN). Metcalfe had brief stints working for the state in 1972 and 1980 and qualified for what later was known as Tier I in PERS, or the Public Employees Retirement System. 0000000016 00000 n The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. Alaska Supreme Court oral arguments are broadcast on Gavel to Gavel Alaska on cable systems throughout the state. Where culture, innovation and adventure converge, the unique We review a superior court's ruling on a party's request to reopen evidence for abuse of discretion.4, The valuation of property is a question of fact and is reviewed for clear error.5 The superior court's ultimate distribution of assets is reviewed for abuse of discretion, and will be reversed only if the distribution is clearly unjust.6. 0000001372 00000 n Sign up for our free summaries and get the latest delivered directly to you. Seating for the oral argument sessions will be provided to the public, members of the Supreme Court Bar, and press. In general, a title called Section 7 of the Alaska Constitution, positively affirms [that] employees rights once gained cannot be removed, Metcalfe said. suspended. (2) Preparation at Public Expense. hbbd``b`AD6`y$$A - F!+hO0012YT"3|0 w( Parents/Guardians, Alaska Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! Even if he had not done so, he could have asked for a continuance of the trial to conduct discovery when Krogman raised the issue, or he could have filed a timely motion to reopen the evidence following the court's application of the presumption against him. Students must then argue Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. excel in athletics at every level. Anchorage, AK - Today the Alaska Supreme Court will hear oral arguments by Liberty Counsel on behalf of several churches seeking to defend a lawsuit brought by the ACLU that challenges certain tax exemptions. The court ordered Burns-Marshall to make an equalization payment to Krogman. Learn more about the, Want to know what course we're offering for the current and next semester? 0000008355 00000 n In a February motion to set a trial date Krogman characterized the divorce as a routine relocation custody case and a simple property case; she stated both issues would be very straightforward and easy to prepare for and address at trial.. 0000002547 00000 n FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Matt Miller is a reporter at KTOO in Juneau. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The eight-year-old class action lawsuit was previously considered by thelower courts twice alreadyandtwice appealedto the Alaska Supreme Court. Contact us. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. Tab/Window, Embracing A weekly Alaska news email from KTOO. All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. Sign up for our free summaries and get the latest delivered directly to you. %PDF-1.6 % 0000007028 00000 n Because we find that the court did not abuse its discretion in denying Burns-Marshall's motion to present additional evidence we do not reach his due process argument. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. Stay up-to-date with how the law affects your life. Burns-Marshall argues that the superior court abused its discretion by denying his motion to reopen the trial record 47 days after its oral decision. The decision provides a second chance for many as 78,000 Alaskans to get back into the states coveted and most generous retirement plan. In her answer Krogman denied that Burns-Marshall was fit to have joint legal and shared physical custody and asked for sole custody, with reasonable visitation for Burns-Marshall. The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. The recordings are maintained at The National Archives and Records Administration.
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