(e)Oral Argument. Shows & Podcasts. Burns-Marshall alleged that Krogman deliberately concealed her intended arguments before trial. 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. Metcalfes attorney, Mark Choate, said he remembers when lawmakers were debating the changes to the retirement 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. and 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. The court scheduled an additional day of trial to allow Burns-Marshall to rebut Krogman's evidence. Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. 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. Welcome to FindLaw's searchable database of Supreme Court of Alaska decisions since January 1980. Alaska Natives into Nursing (RRANN). Justia Opinion Summary: Alaskas United States Representative Don Young died unexpectedly in March 2022. Alaska Supreme Court oral arguments for cases scheduled for March and April will be argued by telephone. For the written portion of the J?* h 9$XDvf`5@HE=K[4# . tickets to many games. The court ordered Burns-Marshall to make an equalization payment to Krogman. The Tribe asked the high court to reverse a 2021 Superior Court decision that ruled in favor of the state on a constitutional claim. S-18306 Alaska Workers' Compensation Appeals Commission No. In 2005, the Legislature shut all of that down. Their only child was born in 2011. Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. October 11, 2022. Burns-Marshall testified that he had never sexually assaulted Krogman or been physically violent against her. amazing university experience. 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. 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. ORAL ARGUMENT OF MATTHEW GUARNIERI ON BEHALF OF THE PETITIONER IN CASE 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). The trial took place over 4 days in April 2017. The husband filed a motion to reopen the evidence regarding domestic violence and substance abuse more than a month after the court's oral decision. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . (6) Costs. Krogman's counsel did not question him about domestic violence or substance abuse. 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. Appearances: Terry M. Parsons, pro se, Hope Mills, North Carolina, Appellant. Unless otherwise ordered by the court, oral argument will be held only as provided in this subsection. Contact Us
We disagree. The recordings are maintained at The National Archives and Records Administration. 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. The five supreme court justices, by majority vote, select one of their members to be the chief justice. 0000007028 00000 n
Courtroom lectures are offered on a first-come, first-served basis. 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). Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. In the Matter of the Necessity for the Hospitalization of: Tonja P. Nils Theisen v. Stephanie Thompson (Unpublished). A final ruling on the matter could take months. Sitka. 3AN-14-10875 CI MEMORANDUM OPINION AND JUDGMENT* No. Learn more about UA's notice of nondiscrimination. Tab/Window, Embracing 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. Cruise Town. The court found her testimony credible, applied the statutory domestic violence presumption, and awarded her primary physical and sole legal custody of the child. recreation and more, facilitating once-in-a-lifetime experiences, groundbreaking education and Student StoriesResearchEvents and HighlightsAlumniIn the News, AwardsCommunityCOVID-19Diversity, Equity, and Inclusion, View all COH NewsMedia InquiriesContent Experts. Burns-Marshall filed for divorce in November 2016 and sought joint legal and shared physical custody of their child. But the governor vetoed about half of the appropriation, and the legislature did not override the veto. 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. Sign up for our free summaries and get the latest delivered directly to you. The Alaska Supreme Court says the Legislature violated the state constitution when it arbitrarily limited when some public employees could return to work and resume making retirement contributions. This assignment requires Alaska's supreme court was founded along with the rest of Alaska's court system, about six months after statehood. ability to think through and explain the law, says associate professor Ryan Fortson, own trial simulation courtroom, constructed to resemble courtrooms in the Alaska Court Anchorage Baptist Temple (ABT) and other churches are seeking to intervene in two lawsuits brought by the ACLU and some Alaska . 0000001852 00000 n
The court denied the motion for reconsideration. Choate said two current justices had to recuse themselves during the latest appeal because they also worked as state employees earlier in their career. After Alaska became a state in 1959, the Alaska Constitution created the Alaska Supreme Court. 0000003828 00000 n
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. Livestream Hearings can be viewed at: https://stream.akcourts.gov/. hb`````1f`a`H @16 P QKrScr'I|kL:0
fc rhL;X&8r You already receive all suggested Justia Opinion Summary Newsletters. You can explore additional available newsletters here. It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). each argument week, the Court also makes the audio of the weeks arguments available. Prior to the 2010 Term, the recordings from one Term of Court were not available until the beginning of the next Term. 14. Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. All rights reserved. Krogman testified that there had been incidents of domestic violence both before and during their marriage. Docket Search; Orders of the Court; . S-17323 Superior Court No. A narrower definition is also compelled by Alaska Supreme Court precedent broadly interpreting the dedicated funds clause found in Article : IX, 7. . Tollefsen, 981 P.2d at 572; cf. Note: The Court will hear all scheduled oral arguments for the Term in the Courtroom. 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. Burns-Marshall objected to application of the domestic violence presumption because he was surprised by Krogman's request. All rights reserved. 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.. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . They closed the first three tiers of PERS and TRS, the Teachers Retirement System, to new members. Court System Information
The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. Alaska Native curriculum at UAA provides an in-depth perspective on contemporary Alaska Native societies, A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Current MO&Js are also available on the Alaska Court System website. The written findings of fact and conclusions of law recited almost verbatim its oral decision except that the court had calculated the precise amount of the equalization payment to $73,266.29.3. 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. After this initial election, each justice will go through another retention election every 10 years. : S-18170: LANCE PRUITT v. And having the chance to argue their brief in front of a judge is the reward 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. 0000004380 00000 n
In a split three to twoopinion issued on April 2, Alaska Supreme Court justices ruled in Metcalfes favor. Skylar J. BURNS-MARSHALL, Appellant, v. Victoria A. KROGMAN, Appellee. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. Teck American, Inc., et al. social sciences. The public may watch proceedings on Gavel Alaska, but not attend in-person. be filed in court. arguments are constructed.. Students can take advantage of cheering for SeawolfNation with free 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 cafeteria and gift shop are
The assignment prepares students to be able to transfer those skills to legal research S-18026 Superior Court No. Legal Notices
On the Friday of
in front of a judge or jury. 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.. See what's for all of their hard work," Fortson says. AVCG sought the States approval to create overriding royalty interests on the leases. The parties filed a number of pretrial motions. 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. 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. Each justice faces a judicial retention election after their third year of service and once every ten years thereafter. The supreme court has final state appellate jurisdiction in both civil and criminal law matters. Arguments are generally
The chief justice, Peter Maassen began his term in February 2023, succeeding Justice Daniel Winfree. 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. Supreme Court Calendar (October Term 2022) (PDF) - (Current Term) (Amended Dec. 12, 2022) Supreme Court Calendar . 0
In July the court issued its decree of divorce and its written findings of fact and conclusions of law. The court consists of five justices, one of whom is internally chosen to serve as chief justice for a three-year term. (4) Time for Completion. locations provide unparalleled access to industry connections, Arctic research, outdoor TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Courts yearly calendar. College, Alaska Native Science & Engineering Program (ANSEP), Alaska Native The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. simulated trial with examination of witnesses. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. She argued the superior court erred by relying on a cursory report from. On the afternoon of each argument, the Court posts transcripts of that days arguments. Through Continuous Improvement, Cost of Attendance, Aid Types and Planning Anchorage Campus, Alaska Native Studies Skylar Burns-Marshall and Victoria Krogman married in Anchorage in June 2007. open to the public. A divorcing couple disputed custody of their child and division of their marital property. Fortson v. Fortson, 131 P.3d 451, 456 (Alaska 2006). Students are required to 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. Burns-Marshall requested primary physical custody and shared legal custody. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! And that deadline is where lawmakers broke the promise made to state employees. careers further, Fortson says. | Alaska Insight, Litter of wolverine kits brings adorable triple threat to Alaska Zoo. Forms
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. It hears cases on a monthly basis in Anchorage, approximately quarterly in Fairbanks and Juneau, and as needed in other Alaska communities. Contact us. The Anchorage property was solely in Burns-Marshall's name. field, but in everyday life. 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). 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. All hearings continue to be telephonic only. Tab/Window, - Opens in New 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. Valhalla Mining, LLC, et al. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (a) Composition of Record. 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. 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. It was a defined benefit retirement plan which included guaranteed income for life for a retired employee. Although the superior court did not reach this question, the courts ultimate conclusion nevertheless was correct: the legislatures use of Permanent Fund income is subject to normal appropriation and veto budgetary processes. Alaska Public Media 2023. 180 0 obj
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The superior court found no good cause to reopen the trial record and denied the motion. Matt Miller is a reporter at KTOO in Juneau. 0000000771 00000 n
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. 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. 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. Hearings will no longer be streamed on YouTube. And the court permitted Burns-Marshall to briefly testify again to address the surrebuttal evidence. 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. 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. 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?" Students thus learn proper document formatting and legal writing this through requiring students to prepare for and participate in two hands on activitiesan go to law school will benefit from taking Legal Studies courses," Fortson says. (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). HlS]O0+M{CBHi [K!u6M]iVmt9Nj]qj}VOvM7ox\bs"Ar}yz~q6nuv.v1d\A>sL+#
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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. Argument Transcripts; Argument Audio; Calendars and Lists; Courtroom Seating; CASE DOCUMENTS. 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. PHOTOGRAPHING, FILMING, RECORDING, OR STREAMING A COURT PROCEEDING - You must have permission from the court. The legislators argued that the longstanding dividend program was a law exempt from the anti-dedication clause. oral argument in front of a judge on a legal brief written by the students, and a 18332, 18419: AVCG LLC v. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES: April 7, 2023: Supreme Court No. assignment, students are expected to produce a document that looks like one that would In Anchorage, arguments are held in the fifth floor courtroom of the Boney Courthouse at 303 K Street. Native Studies - Kenai, Alutiiq 1742 . 13. Typically,
Sign up for our free summaries and get the latest delivered directly to you. 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 holds two arguments each day beginning at 10:00 a.m., each lasting one hour. Transcripts for oral arguments prior to October Term 2000 have been scanned from the Supreme Court Library collection. : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. It is a principle, Metcalfe said.
Integrity & You can explore additional available newsletters here. Two retired justices were brought in to hear it. In nearly every discipline, undergraduate and graduate students have the opportunity to join Burns-Marshall conducted no discovery; he did not depose Krogman or send her interrogatories. here to help you have an The Supreme Court's oral argument calendar is viewable at http://courts.alaska.gov/appcts.htm. 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.
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