Community Advancement in Psychology (ANCAP), Alaska Native, Indigenous & Rural Outreach Burns-Marshall worked seasonally as a pipe layer and found other temporary employment or collected unemployment compensation during the winter. %PDF-1.7 % The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. Alaska Supreme Court oral arguments - Alaska Court System - Facebook Supreme Court Nos. To participate by phone, you need to (1) call the conference line, and then (2) dial the specific Meeting ID associated with the courtroom or judge. If you have any questions, please contact the court at (907) 874-2311 or send an email to 1WRmailbox@akcourts.gov. 40 Years in Corrections: Are We Going Forward or Backward? (4) Time for Completion. All podcasts. S-18314 ) ) ) Superior Court No. ORAL ARGUMENTS. 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. Unless otherwise ordered by the court, oral argument will be held only as provided in this subsection. When a position needs to be filled, the Alaska Judicial Council will compile a list of nominees, from which the Governor of Alaska must choose the new justice within 45 days. The eight-year-old class action lawsuit was previously considered by thelower courts twice alreadyandtwice appealedto the Alaska Supreme Court. The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. Until the creation of the court of appeals in 1980, the supreme court was also required to accept appeals from final decisions in criminal cases; now, however, the court of appeals fills this role, although the supreme court still has jurisdiction to exercise its discretion to accept appeals from decisions of the court of appeals (or upon certification from the court of appeals that the case involves a significant question of constitutional law or an issue of substantial public interest). (a)Oral Argument; Requests for Oral Argument. To participate by phone, you need to (1) call the conference line, and then (2) dial the specific Meeting ID associated with the courtroom or judge. Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. 0000001252 00000 n Customers should email 1YAmailbox@akcourts.gov to schedule an appointment. All rights reserved. Represent Yourself The Alaska Supreme Court must review any appeal of a civil case in an Alaska Superior Court or a decision made by an administrative agency. It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). The court divided the property 60/40 in Krogman's favor because of the disparity in the parties earning capacity and because she would no longer have health insurance through Burns-Marshall's job. The District Court Criminal/Minor Offenses Meeting ID is used for all District Court criminal cases, regardless of which judge is presiding. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. Forms Tools, Research Dundas v. Dundas, 362 P.3d 468, 477-78 (Alaska 2015) (holding that tax consequences of sale must be considered when court orders that property be distributed in a way that creates an immediate and specific tax liability (quoting Oberhansly v. Oberhansly, 798 P.2d 883, 887 (Alaska 1990))). They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. In July the court issued its decree of divorce and its written findings of fact and conclusions of law. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. Integrity & But he could have avoided such a surprise: he could have conducted discovery before trial. After this initial election, each justice will go through another retention election every 10 years. [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. Alaska Public Media 2023. 14. Burns-Marshall appeals the superior court's denial of the motion to reopen and its property division. 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. Justice '07, AK-SAKI conducts research on DPS policies, procedures, Justice Center welcomes back students with a BBQ, Embracing Diversity and Alaska Supreme Court sides with the Division of Elections, allowing this through requiring students to prepare for and participate in two hands on activitiesan The Fairbanks 4: Lessons Learned from Alaska's First Exoneration, How the U.S. The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well Typically, But lawmakers also imposed a deadline for former employees who cashed out their retirement contributions when they left. Indigenous and Rural 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. Supreme Court No. Kevin Dietsch/Getty Images. Alaska R. App. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! students to explore in depth a complicated legal issue and really examine how legal If you are unsure which number to call for your hearing, please contact the court at (907) 463-4700 and hit 0 or send an email to 1JUmailbox@akcourts.gov to verify. S-17323 Superior Court No. Williams v. Barbee, 243 P.3d 995, 1001 (Alaska 2010). ALASKA COURT RULES 2 210 Record on Appeal. Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. style. The opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Guerin, et al. There is little likelihood that the appeals court will substantially change its view after oral arguments in the case. You already receive all suggested Justia Opinion Summary Newsletters. 375 23 While its central location is in Anchorage, where it hears arguments monthly, the Alaska Supreme Court also hears arguments in Fairbanks, Juneau, and other locations less regularly. Krogman opposed, arguing that Burns-Marshall had waived any right to reopen discovery and that he had actual and constructive notice of the allegations of substance abuse and domestic violence. It is a principle, Metcalfe said. The trial court could reasonably conclude that filing a motion to reopen the trial record 47 days after the court's oral decision was insufficient to preserve Burns-Marshall's opportunity to present additional evidence.8 Accordingly it was not an abuse of discretion to find no good cause to reopen the trial record. This assignment requires A weekly Alaska news email from KTOO. Please try again. The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. Several students have commented to me that it has inspired them to pursue their legal careers further," Fortson says. 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. Sitka Tribe of Alaska's herring appeal heard before state's Supreme Court And that deadline is where lawmakers broke the promise made to state employees. I know that students get nervous standing in front of a real judge and having to Shows & Podcasts. 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 Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. Supreme Court Calendar (October Term 2022) (PDF) - (Current Term) (Amended Dec. 12, 2022) Supreme Court Calendar . hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r Docket Search; Orders of the Court; . Calendars In her testimony Krogman criticized Burns-Marshall's parenting, alleging that he did not take care of their child's hygiene or safety, made homophobic and racist comments in front of the child, and did not support her relationship with the child. In 2005, the Legislature shut all of that down. Yakutat customer service is modified to be appointment only. Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. Because it found that Burns-Marshall had engaged in a pattern of domestic violence but that Krogman had not, the court applied the domestic violence presumption and awarded Krogman sole legal and primary physical custody. The Court holds oral argument in about 70-80 cases each year. Burns-Marshall argues that the court abused its discretion by failing to take into account the costs and risks associated with selling the real property it awarded to him and that it therefore clearly erred in its valuation of the property. each argument week, the Court also makes the audio of the weeks arguments available. It ordered Burns-Marshall to obtain a substance abuse assessment and comply with its recommendations, as well as to complete a domestic violence intervention program. Their only child was born in 2011. locations provide unparalleled access to industry connections, Arctic research, outdoor He argued that he would receive significantly less than 40% of the marital estate once the cost of selling the property was taken into account. The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college the local legal community, and within UAA, the hope is that the presence of a simulated 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.. While its central location is in Anchorage, where it hears arguments monthly, the Alaska Supreme Court also hears arguments in Fairbanks, Juneau, and other locations less regularly. (6) Costs. Teck American, Inc., et al. Wright v. Black, 856 P.2d 477, 480 (Alaska 1993) (concluding that appellant had waived right to object to his lack of notice that paternity would be at issue at child support modification hearing because he failed to object when the master announced at the beginning of the hearing that he would resolve the paternity issue, asked if anyone had a problem with his taking testimony on both issues, [and] directed his questions to the paternity issue), overruled on other grounds by B.E.B. The court also ordered that, if Krogman was still on the title for the Homer property, Burns-Marshall had to remove her from the title within a year or sell the property. UAA is the premier university in the heart of Alaska's largest city with campuses throughout 0000009687 00000 n Partner, Impact Sitka. simulated trial with examination of witnesses. Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. When possible, students travel to a judges courtroom After her separation from Burns-Marshall, Krogman moved to Arizona. 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. Krogman opposed, arguing that Burns-Marshall was not required to sell either property. We've adopted a different strategy in this case from, say, Lieu v. FEC: Our aim is to argue to the originalists on the United States Supreme . startxref At the time of trial she was enrolled in a nursing program at an Arizona university. The U.S. Supreme Court has ruled in favor of police officers in two cases involving qualified immunity, the controversial legal doctrine that protects police officers . From 13 competitive NCAA teams to recreation and intramural and club sports, students have the opportunity to The thrust of their argument was that a 1976 constitutional amendment creating the Alaska Permanent Fund gave the legislature constitutional authority to pass laws dedicating use of Permanent Fund income without need for annual appropriations and, therefore, not subject to annual gubernatorial veto. S-18026 Superior Court No. Dundas, 362 P.3d at 478-80 (finding that tax consequences had to be considered for equipment sold before property division, property already in process of being sold at time of trial, and property that court approved sale of before trial). Supports Peacekeeping in Africa: Policing and Training, Criminal Justice Reform: A Discussion of Senate Bill 91, A Discussion of Community Policing in Anchorage, Mental Health Care Among Juvenile and Adult Correctional Populations, 60 Years Later: The Alaska Constitution, History in Context, Adapting for the Next Generation: ANCSA at 45, North to the Future: Opportunities and Change in Alaska's Emerging Frontiers, Alumni Profile: Tabatha Harris, B.A. their brief in front of an actual judge. 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? All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. 1957 - March 22, 2023 Appeal from the Alaska Workers' Compensation Appeals Commission. After more than three hours of oral arguments in a single case last week, Supreme Court Chief Justice John Roberts uttered the traditional closer, "The case is submitted.". A justice can be removed by being impeached by two-thirds of the Alaska Senate and convicted by two-thirds of the Alaska House of Representatives. the day call for each argument session. scheduled on specified Monday, Tuesday and Wednesday mornings beginning on the first Monday in October, and continuing through the end of April. The court meets after oral argument and on a bi-weekly basis to confer on cases argued orally and on cases submitted on the briefs. Cases are browsable by date and searchable by docket number, case title, and full text. Legal Notices The assignment prepares students to be able to transfer those skills to legal research AVCG sought the States approval to create overriding royalty interests on the leases. Native Studies - Kenai, Alutiiq endstream endobj 396 0 obj <>/Filter/FlateDecode/Index[74 301]/Length 33/Size 375/Type/XRef/W[1 1 1]>>stream Court System Information A narrower definition is also compelled by Alaska Supreme Court precedent broadly interpreting the dedicated funds clause found in Article : IX, 7. . ACLU v. Alaska - ACLU Brief in Reply to State's AK Supreme Court Appeal It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. 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 days on which arguments are held are identified on the Learn more about the, Want to know what course we're offering for the current and next semester? Burns-Marshall alleged that Krogman deliberately concealed her intended arguments before trial. Jaymot v. Skillings-Donat, 216 P.3d 534, 544 (Alaska 2009) (An issue raised [for the first time in a motion for reconsideration] is untimely and is not properly before the court on appeal.). Calendars and Lists - Supreme Court of the United States to the public on a first-come, first seated basis. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) Krogman's counsel did not question him about domestic violence or substance abuse. success and well-being. Learn more about UA's notice of nondiscrimination. CINA/DL Parties: contact the court at (907) 424-7312 or email 3COmailbox@akcourts.gov for call-in information. PDF Alaska Supreme Court, MOJ No. 1957 - cases.justia.com projects either in the legal field or in law school. Native Community Advancement in Psychology (ANCAP), Alaska Native, Contact your local cable provider for channel information. %PDF-1.6 % 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'
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