18332, 18419: AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES: April 7, 2023: Supreme Court No. v. Alaska, Division of Elections. 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. representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. 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. 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. Justia Opinion Summary: Alaskas United States Representative Don Young died unexpectedly in March 2022. simulated trial with examination of witnesses. CINA/DL Parties: contact the court at (907) 424-7312 or email 3COmailbox@akcourts.gov for call-in information. social sciences. Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. Calendars Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, Careers Original story Oral argument will be held on Monday, October 12, 2020 at 1:30 PM in the State of Alaska v. Arctic Village. Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. If you have any questions, please contact the court at (907) 874-2311 or send an email to 1WRmailbox@akcourts.gov. Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). In nearly every discipline, undergraduate and graduate students have the opportunity to join When possible, students travel to a judges courtroom (ANSEP), Alaska Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. Copyright 2023, Thomson Reuters. Mr. Guarnieri. 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.). Justice '07, AK-SAKI conducts research on DPS policies, procedures, Justice Center welcomes back students with a BBQ, Embracing Diversity and 0000004380 00000 n The Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. 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. 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. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. All rights reserved. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. The ruling struck down as unconstitutional a newly enacted law prohibiting all marijuana possession, holding that the privacy protections afforded by the Alaska constitution protect adults who possess marijuana in their homes. 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. Where culture, innovation and adventure converge, the unique Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. Request Copies But the governor vetoed about half of the appropriation, and the legislature did not override the veto. The supreme court has further adopted rules for the practice of law in Alaska and procedural rules for children's matters, probate, and appeals. During the Supreme Court oral arguments about armative action in October 2022, Justice Elena Kagan asked, "[I]f you're a hospital and you serve a diverse group of patients, is it super important to you to have a diverse set of doctors?" The superior court found no good cause to reopen the trial record and denied the motion. endstream endobj 396 0 obj <>/Filter/FlateDecode/Index[74 301]/Length 33/Size 375/Type/XRef/W[1 1 1]>>stream The chief justice holds that office for three years and may not serve consecutive terms. B. 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.). In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. Trial and Advanced Litigation Processes (LEGL A487) embraces The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. CINA/DL Parties: contact the Utqiagvik Court at (907) 852-4800 for call-in information. The husband appeals the denial of his motion to reopen the evidence and the property division. The Trial Court Did Not Abuse Its Discretion When It Declined To Reopen The Trial Record. The District Court Criminal/Minor Offenses Meeting ID is used for all District Court criminal cases, regardless of which judge is presiding. A final ruling on the matter could take months. 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). For the oral argument assignment, pictured 0000006408 00000 n All paperwork, except for initial filings, can be scanned (as a PDF file) to 1WRmailbox@akcourts.gov or faxed to (907) 874-3509. THE SUPREME COURT OF THE STATE OF ALASKA MARK N. WAYSON, Appellant, v. WILLIAM E. STEVENSON, Appellee. ) hbbd``b`AD6`y$$A - F!+hO0012YT"3|0 w( 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. academic and personal Krogman testified that Burns-Marshall had sexually assaulted her on a number of occasions and asked the court to apply the statutory presumption regarding domestic violence in its custody determination.1. 0000002547 00000 n If you have any questions, please contact the court at (907) 747-3291 or send an email to 1SImailbox@akcourts.gov. %%EOF - Opens in New They separated in October 2016 and shared custody of the child. Krogman's counsel did not question him about domestic violence or substance abuse. 12. 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.. 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. 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. 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. We have only required the court to consider the sales costs when sale of the awarded property is inevitable. Fortson, 131 P.3d at 461. Superior Court Judge Lybrand (See above note regarding. All podcasts. Native Studies - Anchorage, Alaska oral argument in front of a judge on a legal brief written by the students, and a system. Please refer to the 30-day rolling calendar 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. success and well-being. 2021 University of Alaska Anchorage UA is an AA/EO employer and educational institution and prohibits illegal discrimination against any individual. ability to think through and explain the law, says associate professor Ryan Fortson, "Public speaking and critical thinking skills are important not just in the legal Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. 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. On Wednesday, I had an oral argument "in" (virtually, unfortunately) the Alaska Supreme Court in our case arguing to uphold the state's law regulating SuperPACs, Patrick, et al., v. Alaska. Williams v. Barbee, 243 P.3d 995, 1001 (Alaska 2010). Cf. It hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. I know that students get nervous standing in front of a real judge and having to The court also found the incident where Krogman threw a picture frame at Burns-Marshall to be an incident of domestic violence but did not find that Krogman had committed any other domestic violence. 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. 10. This site is protected by reCAPTCHA and the Google. S-18082/18101 Created Date: Innovation, Excellence For CINA and Mental Commitment cases conference line information, please call the Ketchikan Court at 907-225-3195 extension 0. 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. The superior court ruled against the legislators, concluding the legislatures actual use of the income remained subject to normal appropriation and veto budgetary processes. Curious Juneau. In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . From academic advising to student clubs and residence life, we're One current and two former legislators later sued to effectively set aside the governors veto. argue them, are identified on hearing lists for each session and on The following is a list of conference line numbers for each judge. Wrangell customer service is modified to be appointment only. The supreme court has final state appellate jurisdiction in both civil and criminal law matters. Legal Notices The practice of law is always geared in one way or another toward making arguments R.L.B., 979 P.2d 514 (Alaska 1999). the Court holds two arguments each day beginning at 10:00 a.m., each lasting one hour. [1], The court originally consisted of two associate justices and a chief justice. graduation. Alaska. careers further, Fortson says. But he could have avoided such a surprise: he could have conducted discovery before trial. 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. be filed in court. `/v%,XBY0-cd86f~lL\2:D ]v_{PWiou$6&=n6I[m[&\cn`j`l` * @h @/205vi {"%O3c8Gv0. Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. 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. Several students have commented to me that it has inspired them to pursue their legal careers further," Fortson says.