All rights reserved. Its 42-page preliminary order is based, in part, on the Comstock Act , a law . There is little likelihood that the appeals court will substantially change its view after oral arguments in the case. On days when the Court is not in session, the building will be open to the public from 9:00 a.m. to 3:00 p.m., excluding weekends and federal holidays. courtroom will encourage more students to experience Legal Studies courses. 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. Please try again. The court denied the motion for reconsideration. 1916 - August 31, 2022 Appeal from the . Alaska Supreme Court sides with the Division of Elections, allowing Native Community Advancement in Psychology (ANCAP), Alaska Native, ORAL ARGUMENTS. The Court began audio recording oral arguments in 1955. 1. Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. 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. It awarded Burns-Marshall the $112,334.26 in debt on the Anchorage property and $57,008.39 in debt on the Homer property, and stated that Burns-Marshall could choose to keep or sell both properties.2. Like all Alaska state court judges, Alaska Supreme Court justices are appointed under a Missouri Plan system. the instructor in Trial and Advanced Litigation Processes. hbbrf`b``3 uz PDF Alaska Rules of Court Burns-Marshall testified that he had never sexually assaulted Krogman or been physically violent against her. But the hearing . Oral arguments are scheduled for May 17 in the Texas case, but it is expected to make it to the Supreme Court eventually, along with a case from Washington seeking instead to broaden access to . Curious Juneau. You're all set! The supreme court has final state appellate jurisdiction in both civil and criminal law matters. We disagree. After this initial election, each justice will go through another retention election every 10 years. 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. Williams v. Barbee, 243 P.3d 995, 1001 (Alaska 2010). The Alaska Supreme Court consists of five justices. 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. Important Note: District Court criminal cases are often scheduled before multiple Judges; most frequently Judges Pickrell, Lybrand, and Schulz. a.m.) CHIEF JUSTICE ROBERTS: We will hear argument first this morning in Case 20-543, Yellen versus the Confederated Tribes, and the consolidated case. Krogman argued that she should have sole legal and exclusive physical custody, and alleged that Burns-Marshall did not care for the child's basic needs. 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. 0000005682 00000 n After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. But Burns-Marshall does not provide any citations or legal arguments for why that was error and the issue is waived. It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. Supreme Court Bar. 0000007028 00000 n Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. The narrow question this case presented for the Alaska Supreme Court's review was whether the 1976 amendment to the Alaska Constitution exempted the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. 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. The high court's order halts a decision from Texas-based U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump who earlier this month ruled against the FDA's 2000 approval of mifepristone, in response to a lawsuit brought by right-wing activists ultimately aiming to end abortion care nationwide.. 0000001068 00000 n But that wasnt the point. 0000003205 00000 n The court also found in the alternative that it would have awarded Krogman sole legal and primary physical custody based upon its consideration of the child's best interests. The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. ) ) ) ) ) ) ) ) ) Supreme Court No. impactful careers. 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. She also testified that Burns-Marshall had substance abuse issues throughout their relationship. 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. startxref Supreme Court oral arguments are taking forever. The justices - CNN Tollefsen, 981 P.2d at 572; cf. PDF In the Superior Court for The State of Alaska Burns-Marshall asserted that two hours on the additional day of trial would be sufficient to present his rebuttal. From academic advising to student clubs and residence life, we're Southcentral Alaska. 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 $7,500 plus statutory interest. The Supreme Court Oral Arguments are broadcast for viewing on the Gavel Alaska website . Court System Information 11. Innovation, Excellence (3) Preparation Not at Public Expense. We've adopted a different strategy in this case from, say, Lieu v. FEC: Our aim is to argue to the originalists on the United States Supreme . trailer argue them, are identified on hearing lists for each session and on In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Sarah D. v. John D., 352 P.3d 419, 430 (Alaska 2015) (Under AS 25.24.150(g) superior courts must consider alleged incidents of domestic violence. (quoting Parks v. Parks, 214 P.3d 295, 302 (Alaska 2009) (per curiam))). J?* h 9$XDvf`5@HE=K[4# . 16. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) Alaska Supreme Court Decisions :: Alaska Case Law - Justia Law Mariah B. v. State of Alaska, DHSS, OCS :: 2022 :: Alaska Supreme Court Contact Us Tiffany A. Semenza v. Jeffrey Rady (Unpublished), AVCG, LLC v. Alaska Department of Natural Resources, Jack W. Fredrickson v. Allison O. Hackett (Unpublished), Terry M. Parsons v. Craig City School District and Alaska Municipal League Joint Insurance Association (Unpublished), Michael Mann Jr. v. Hannah Maus (Unpublished), M.T. 0000005078 00000 n Tab/Window, Embracing A narrower definition is also compelled by Alaska Supreme Court precedent broadly interpreting the dedicated funds clause found in Article : IX, 7. . Mr. Guarnieri. The District Court Criminal/Minor Offenses Meeting ID is used for all District Court criminal cases, regardless of which judge is presiding. The court also changed the day of one of the scheduled weekly calls between Burns-Marshall and the child. 5. Cruise Town. 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). To be eligible for appointment, a person must be a citizen of the United States and a resident of Alaska for five years prior to appointment. In her pleadings and motions Krogman made seemingly inconsistent statements about the trial and her marriage with Burns-Marshall. 397 0 obj <>stream Yakutat customer service is modified to be appointment only. The Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. The court prefers to hear oral arguments in the city where the case was heard in the trial court. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. Arguments are generally Sale of either property and payment of costs associated with the sale would not defeat the court's intent to award Krogman a greater portion of the marital estate because of her significantly smaller earning capacity. Careers Restitution Collection, Accessibility Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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.). Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . The chief justice holds that office for three years and may not serve consecutive terms. It is a principle, Metcalfe said. This assignment requires Minor, Alaska Native Science and Engineering Program After the second company abandoned the claims, the first company, Justia Opinion Summary: Alaska Venture Capital Group, LLC (AVCG) owned interests in oil and gas leases on state lands. P. 505. PDF Alaska Supreme Court, MOJ No. 1953 - cases.justia.com 0 Wielechowski v. Alaska :: 2017 :: Alaska Supreme Court Decisions Represent Yourself Burns-Marshall also argues that the court did not provide a reasonable period for Burns-Marshall to sell the property before issuing a judgment and imposing interest. success and well-being. Through Continuous Improvement, Cost of Attendance, Aid Types and Planning 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 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. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. The Oral Argument in Patrick v. Alaska | by Lessig | Medium S-18314 ) ) ) Superior Court No. in front of a judge or jury. In this photo taken in February 2015, Alaska Supreme Court Justice Daniel Winfree and Chief Justice Dana Fabe listen to oral arguments in Peter Metcalfe vs. State of Alaska during the first time . 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. It recognized that there may be a problem funding the equalization payment and that Burns-Marshall would have to deal with that either by selling assets or by taking money, if he can, out of his pension retirement. The court also ordered Burns-Marshall to pay rehabilitative alimony of $1,000 per month for two years, and it awarded Krogman $7,500 in attorney's fees due to the economic disparity between the parties. "Students really appreciate appearing before an actual judge and receiving feedback. 2. 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 . ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. 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. to the public on a first-come, first seated basis. 375 0 obj <> endobj Following his death, Alaska held a special primary election and a special general election to select a candidate to complete the remainder, Justia Opinion Summary: After a mining company abandoned its mining claims, the claims were located and recorded by a second mining company, which also abandoned the claims. (7) Form of Transcript. And having the chance to argue their brief in front of a judge is the reward The Court holds oral argument in about 70-80 cases each year. (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). Alaska Natives into Nursing (RRANN), Recruitment Metcalfes attorney, Mark Choate, said he remembers when lawmakers were debating the changes to the retirement program. And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. 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. 0000001715 00000 n %PDF-1.6 % 1742 . I know that students get nervous standing in front of a real judge and having to Students are required to For the written portion of the Cases are browsable by date and searchable by docket number, case title, and full text. Argument Transcripts - Supreme Court of the United States S-18026 Superior Court No. ACLU v. Alaska - ACLU Brief in Reply to State's AK Supreme Court Appeal The wife alleged for the first time during trial that the husband had engaged in a pattern of domestic violence. Contact us. Courtroom lectures are offered on a first-come, first-served basis. languages, cultures, history, politics, art, governments and corporations. 0000001852 00000 n draft a legal brief either supporting or opposing the motion. Indigenous and Rural When possible, students travel to a judges courtroom 0 Availability of Oral Argument Transcripts, Chief Justice's Year-End Reports on the Federal Judiciary. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! 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. All hearings conducted in the Palmer court will be by phone, unless otherwise ordered by the assigned judge. CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. The court overruled his objection, holding that the presumption could be raised at any point. After her separation from Burns-Marshall, Krogman moved to Arizona. Alaska legislators apologize after breaking COVID rules by bringing friends for ping-pong, basketball at Capitol gym, Alaska sues PFAS makers as lawmakers seek broader action from regulators, Army grounds aviators for training after fatal crashes in Alaska and Kentucky, How do electric vehicles perform in Alaska? 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. Podcasts. Alaska Supreme Court Oral Arguments Media Player Error Oral Arguments: Allen v. Phillips Petroleum, S-8690 Allen appeals a denial for compulsory unitization of two oil and gas leases. All paperwork, except for initial filings, can be scanned (as a PDF file) to 1WRmailbox@akcourts.gov or faxed to (907) 874-3509. Several students have commented to me that it has inspired them to pursue their legal careers further," Fortson says. Burns-Marshall affirmatively stated that two hours of additional trial time for rebuttal should be more than enough to present his rebuttal witnesses.7 Burns-Marshall did nothing to suggest that he wished to present additional evidence after presenting his rebuttal and sur-surrebuttal. A final ruling on the matter could take months. %%EOF 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. Matt Miller is a reporter at KTOO in Juneau. The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> Request Copies Explore the wide variety of services and resources available at UAA to help promote your The ACLU's brief to the Alaska Supreme Court asking that the Court affirm a state Superior Court ruling and dismiss the government's appeal. Alaska Supreme Court - Wikipedia (5) Filing and Distribution. academic and personal Shows & Podcasts. Garden Talk. It hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. On the afternoon of each argument, the Court posts transcripts of that days arguments. 12. Alaska Supreme Court restores access to public employee and teacher The Court may hear an appeal of a criminal case if the lower court certifies that it involves an issue of substantial public interest or a significant question of constitutional law. 0000001742 00000 n Courtroom seating is available They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. The court usually announces its decisions of the cases by issuing opinions for official publication (in Westlaw, the Pacific Reporter and the Alaska Reporter) as well as memorandum opinions and judgments (MO&Js) and orders summarily ruling on the merits of cases or dismissing them. 0000000016 00000 n All podcasts. Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. Krogman then called three surrebuttal witnesses. For a broadcast schedule, to view oral arguments live as they occur, or to view archived videos of oral arguments before the Alaska Supreme Court, visit the Gavel . 15. The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well 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. The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Superior Court Judge Lybrand (See above note regarding. 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.". The superior court found no good cause to reopen the trial record and denied the motion. The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. And that deadline is where lawmakers broke the promise made to state employees. UAA is a hub for cutting-edge theoretical and applied research in health, engineering, and the physical and Hearings & Trials - Alaska Court System ) Supreme Court No. Trial and Advanced Litigation Processes (LEGL A487) embraces hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r AK Supreme Court Opinions and Cases | FindLaw 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. The cafeteria and gift shop are In July the court issued its decree of divorce and its written findings of fact and conclusions of law. 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' Beal v. Beal, 88 P.3d 104, 117 (Alaska 2004); see Fortson v. Fortson, 131 P.3d 451, 461 (Alaska 2006); Tollefsen v. Tollefsen, 981 P.2d 568, 571-72 (Alaska 1999). Contact your local cable provider for channel information. the Court holds two arguments each day beginning at 10:00 a.m., each lasting one hour. I was very pleased to learn that on Friday, the [Alaska] Supreme Court reaffirmed the Constitution, that its not constitutional for the legislature to try just, by legislation, overcome a promise in the Constitution, said Peter Metcalfe of Juneau, who brought the suit. Burns-Marshall filed a motion for reconsideration of the superior court's property division, asking the court to consider the costs and risks involved in selling the property and to modify the property division by awarding Krogman the Homer lot or, alternatively, calculating the equalization payment based on the actual sale price. Alaska Supreme Court, Opinion No. Alaska Supreme Court rules that absentee voters won't need witnesses - KTOO Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. (1) If either party desires oral argument on the motion, that party shall request a hearing within five days after service of a responsive pleading or the time limit for filing such a responsive pleading, whichever is earlier. The superior court made oral findings on April 27. A divorcing couple disputed custody of their child and division of their marital property. 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. The court found that Burns-Marshall had an earning capacity of more than $100,000 per year, while Krogman's current earning capacity was around $15,000 per year and would likely be $50,000 to $55,000 per year after she obtained her nursing degree. Burns-Marshall worked seasonally as a pipe layer and found other temporary employment or collected unemployment compensation during the winter. HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+# CTF35b4N%r/yea\z_13@ pprM,-g=>qc0"bfA`$wgS8!ds{Gai uMm. arguments are constructed.. Supreme Court blocks lower court decision in case on FDA approval of UAA strives to make its online experiences accessible. The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. Justia Opinion Summary: Alaskas United States Representative Don Young died unexpectedly in March 2022. Justices must retire from the court when they reach the age of 70. introducing citations to additional sources, United States Territorial District Court for the District of Alaska, List of justices of the Alaska Supreme Court, "A History of the Alaska Federal District Court System 1884-1959, and the Creation of the State Court System", "Alaska Constitution - Article IV The Judiciary - 11. Wrangell customer service is modified to be appointment only. B. style. Also see FAQs on how to participate in a Zoom Hearing/Meeting. CINA/DL Parties: contact the court at (907) 822-3405 or email 3GLmailbox@akcourts.gov for call-in information. They separated in October 2016 and shared custody of the child. October 11, 2022. 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 [1], The court originally consisted of two associate justices and a chief justice. The court ordered Burns-Marshall to make an equalization payment to Krogman. UAA offers more than 100 degree and certificate programs that consistently prepare students for success after Kenai Peninsula College, Alutiiq Studies Kodiak be filed in court. 3AN-17-05729 CI ) MEMORANDUM OPINION ) AND JUDGMENT* Current MO&Js are also available on the Alaska Court System website. Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. Forms 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. Stay up-to-date with how the law affects your life. Site Index Krogman testified that there had been incidents of domestic violence both before and during their marriage. When 40 Years in Corrections: Are We Going Forward or Backward? Midnight Oil. PDF In the Supreme Court of the United States here to help you have an Students can take advantage of cheering for SeawolfNation with free Hearings will no longer be streamed on YouTube. Cf. Students really appreciate appearing before an actual judge and receiving feedback. Kevin Dietsch/Getty Images. The assignment prepares students to be able to transfer those skills to legal research
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