alaska supreme court oral argument

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. 1916 - August 31, 2022 Appeal from the . 40 Years in Corrections: Are We Going Forward or Backward? 180 0 obj <>/Filter/FlateDecode/ID[<165A4196B83FBD4C8B5F2921154FFD01>]/Index[166 32]/Info 165 0 R/Length 76/Prev 274855/Root 167 0 R/Size 198/Type/XRef/W[1 2 1]>>stream 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. RELATED: Click to viewPERS Plan Comparison Chartcourtesy of Division of Retirement and Benefits. 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. 12. simulated trial with examination of witnesses. But he could have avoided such a surprise: he could have conducted discovery before trial. 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 . The court ordered that Burns-Marshall would be allowed to have unsupervised visits over Thanksgiving, Christmas, and spring vacation after he completed any recommended treatment. endstream endobj 376 0 obj <>/Metadata 72 0 R/Pages 71 0 R/StructTreeRoot 74 0 R/Type/Catalog>> endobj 377 0 obj <>/ProcSet[/PDF/Text/ImageB]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 378 0 obj [146 0 R] endobj 379 0 obj <> endobj 380 0 obj <>stream : S-18170: LANCE PRUITT v. suspended. The superior court made oral findings on April 27. Supreme Court Nos. Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. academic and personal Alaska Natives into Nursing (RRANN), Recruitment Other matters that the Alaska Supreme Court may review include non-final decisions by lower courts in civil and criminal cases, attorney disciplinary issues, and state law questions that arise in a case in a federal court. Garden Talk. the instructor in Trial and Advanced Litigation Processes. 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. Courtroom seating is available 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. Contact your local cable provider for channel information. A final ruling on the matter could take months. Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. 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 . Copyright 2023, Thomson Reuters. Matt Miller is a reporter at KTOO in Juneau. (a)Oral Argument; Requests for Oral Argument. 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. Continuous Improvement, Cost of Attendance, Aid Types and Planning Tools, Student Health and The parties filed a number of pretrial motions. Even students who do not want to become paralegals or The Supreme Court Building will otherwise be closed to the public on days when the Court is in session. A Public Discussion on Marijuana Law and Policy, No More Silence in the Dark: A Panel Discussion on Reducing Domestic Violence and Sexual Assault in Alaska, Traffic Stops: What To Expect From Police. Program (ANIROP), Recruitment and Retention of Students can take advantage of cheering for SeawolfNation with free (4) Time for Completion. The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. You're all set! They also can be removed, suspended, or censured at the discretion of the Supreme Court, based on a recommendation by the Alaska Commission on Judicial Conduct. Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. The supreme court has final state appellate jurisdiction in both civil and criminal law matters. 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. 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. 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. For the oral argument assignment, pictured Alaska R. App. 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))). 13. this through requiring students to prepare for and participate in two hands on activitiesan Cf. 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. Typically, Diversity and Inclusion, Community Careers Learn more about our Accessibility policy and how to provide feedback. B. This new classroom will expand the reach of the Legal Studies program into The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. J?* h 9$XDvf`5@HE=K[4# . 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 . assignment, students are expected to produce a document that looks like one that would But that wasnt the point. In the suit, civil rights groups are challenging the Alaska state. Located in the ancestral homelands of the Dena'ina, Ahtna Dene, Alutiiq/Sugpiak, Chugachmiut and Eyak peoples, Cruise Town. The court denied the motion for reconsideration. Calendars The appointed justice must be approved by the voters on a nonpartisan ballot at the first statewide general election held more than three years after appointment; thereafter, each justice must participate in another retention election every ten years. The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. the local legal community, and within UAA, the hope is that the presence of a simulated You can explore additional available newsletters here. R.L.B., 979 P.2d 514 (Alaska 1999). Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. 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 . The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. amazing university experience. Seating for the oral argument sessions will be provided to the public, members of the Supreme Court Bar, and press. 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. 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. She argued the superior court erred by relying on a cursory report from. and other impacts were raised during oral argument. (2) Preparation at Public Expense. The chief justice is also the administrative head of the Alaska Court System. UAA strives to make its online experiences accessible. 0000012321 00000 n for available lectures. The following is a list of conference line numbers for each judge. 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?" Copyright 2023, Thomson Reuters. For the written portion of the Podcasts. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their 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. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). 15. Alaska. 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.. 0000001742 00000 n The opinions published on Justia State Caselaw are sourced from individual, This site is protected by reCAPTCHA and the Google, Guerin, et al. The cafeteria and gift shop are graduation. Burns-Marshall requested primary physical custody and shared legal custody. I know that students get nervous standing in front of a real judge and having to We disagree. Learn more about admissions processes, taking classes, tour UAA in-person or virtually, and find out more about financial aid. Explore the wide variety of services and resources available at UAA to help promote your <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> Tab/Window, Embracing (6) Costs. Conference line (toll free): 1-888-788-0099. Site Index arguments are constructed.. 5 ; The Committee's response to all of these potential impacts is essentially to shrug and leave them for another day. in the slideshow, students are provided a legal motion and a simple set of pleadings, It is a principle, Metcalfe said. 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: In 1967, the court was expanded to five justices, and the chief justice was restricted to a three-year term.[2]. One current and two former legislators later sued to effectively set aside the governors veto. as hosting community events and concerts. 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. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! You can explore additional available newsletters here. 166 0 obj <> endobj We disagree. 4. 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. ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE NO. The court also changed the day of one of the scheduled weekly calls between Burns-Marshall and the child. The trial took place over 4 days in April 2017. 0000001372 00000 n TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. This assignment requires 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. 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. 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 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 arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). defend their briefs, but my hope is that the exercise gives them confidence in their After her separation from Burns-Marshall, Krogman moved to Arizona. In July the court issued its decree of divorce and its written findings of fact and conclusions of law. 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. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. The arguments are an opportunity for the Justices to ask questions directly of the attorneys open to the public. Appellee. ) 5. 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. Snider v. Snider, 357 P.3d 1180, 1184 (Alaska 2015). For an exact broadcast schedule, visit the Gavel to Gavel website or contact them at 1-800-870-5866. The court accepted the parties stipulated values for their real property ($130,000 for the Anchorage condo and $120,000 for the Homer lot) and awarded both of the properties to Burns-Marshall. See what's 9. Oral arguments this semester took place The superior court ruled against the legislators, concluding the legislatures actual use of the income remained subject to normal appropriation and veto budgetary processes. 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. Compliance, Activities and Conference line (toll free): 1-888-788-0099 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.
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