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. Anchorage Baptist Temple (ABT) and other churches are seeking to intervene in two lawsuits brought by the ACLU and some Alaska . Visit https://stream.akcourts.gov/. The three-minute line is temporarily 5. The husband appeals the denial of his motion to reopen the evidence and the property division. Appellee. ) (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 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. "Public speaking and critical thinking skills are important not just in the legal 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). Copyright 2023, Thomson Reuters. the instructor in Trial and Advanced Litigation Processes. Innovation, Excellence (2) Preparation at Public Expense. 0 You can explore additional available newsletters here. 20-543 MR. GUARNIERI: Mr. Chief Justice, and may it please the Court: <<40CB7F5DF974684DB1E850333233716E>]/Prev 227018/XRefStm 1068>> Burns-Marshall also called several witnesses including one who mentioned an incident during which Krogman threw a picture frame at Burns-Marshall. 4. Krogman opposed, arguing that Burns-Marshall was not required to sell either property. Site Index Availability of Oral Argument Transcripts, Chief Justice's Year-End Reports on the Federal Judiciary. along with a list of legal cases relevant to the motion. ORAL ARGUMENTS. Sign up for our free summaries and get the latest delivered directly to you. defend their briefs, but my hope is that the exercise gives them confidence in their They created a new defined contribution retirement plan, referred to as Tier IV with less generous benefits. You cant do this. : S-18082 S-18101: IN RE: THE 2021 REDISTRICTING CASES (Matanuska-Susitna Borough: April 21, 2023: Supreme Court Nos. She argued the superior court erred by relying on a cursory report from. See AS 25.24.150(g) (creating rebuttable presumption against awarding sole or joint custody to parent with history of perpetrating domestic violence). Burns-Marshall argues that the superior court abused its discretion by denying his motion to reopen the trial record 47 days after its oral decision. Livestream Hearings can be viewed at: https://stream.akcourts.gov/. Also see FAQs on how to participate in a Zoom Hearing/Meeting. THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) Appellant, ) v. . It must accept appeals from final decisions by the superior court in civil cases (including cases which originated in administrative agencies). The court ordered that Burns-Marshall have contact with the child by Skype or Facetime twice a week. Students are required to Customers should email 1YAmailbox@akcourts.gov to schedule an appointment. (b) Preparation of Transcript. You already receive all suggested Justia Opinion Summary Newsletters. Supreme Court No. The court divided the marital property 60/40 in favor of the wife, awarded all of the real property to the husband, and ordered him to make an equalization payment. In nearly every discipline, undergraduate and graduate students have the opportunity to join During the trial Burns-Marshall did not object to evidence of substance abuse or domestic violence; he only objected to the application of the domestic violence presumption. The Office of Financial Aid is available to offer support and advice so you can make informed decisions regarding college Restitution Collection, Accessibility When 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. The court denied the motion for reconsideration. Learn more about our Accessibility policy and how to provide feedback. Kevin Dietsch/Getty Images. courtroom will encourage more students to experience Legal Studies courses. The 5th Circuit Court of Appeals then partially blocked . Arguments are generally 3. funding options. CINA/DL Parties: contact the court at (907) 822-3405 or email 3GLmailbox@akcourts.gov for call-in information. their brief in front of an actual judge. They owned a condominium in Anchorage and a vacant lot in Homer. The Court concluded "no" the 1976 amendment did not exempt the legislatures use of Permanent Fund income from the Constitutions anti-dedication clause. The trial took place over 4 days in April 2017. The email address cannot be subscribed. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Alaska Natives into Nursing (RRANN), Recruitment Superior Court Judge Lybrand (See above note regarding. The Supreme Court Oral Arguments are broadcast for viewing on the Gavel Alaska website . Please try again. S-17323 Superior Court No. Programs, Info for - Opens in New The court applied the factors listed in AS 25.24.150(c), finding that Krogman was better able to meet the child's needs, that the parties would not be able to cooperate, that Burns-Marshall had committed domestic violence, and that Burns-Marshall abused alcohol. Bound copies of individual transcripts from October Term 2017 forward are available for purchase through Heritage Reporting Corporation at (202) 628-4888 or . Cruise Town. The assignment prepares students to be able to transfer those skills to legal research 375 0 obj <> endobj Two retired justices were brought in to hear it. Tollefsen, 981 P.2d at 572; cf. 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 Now, as many as 78,000 Alaskans could buy their way back into the states more generous retirement benefit programs. Native Studies - Kenai, Alutiiq Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! Alaska Natives into Nursing (RRANN). 9. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system. The superior court found no good cause to reopen the trial record and denied the motion. 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 through requiring students to prepare for and participate in two hands on activitiesan 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. Explore the wide variety of services and resources available at UAA to help promote your 0000007028 00000 n 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. Program (ANIROP), Recruitment and Retention of 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' Krogman opposed, arguing that Burns-Marshall was not required to sell either property. Oral arguments this semester took place in the Alaska Supreme Court Courtroom in front of Alaska Supreme Court Justice Jennifer S. Henderson. 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. %PDF-1.6 % Several students have commented to me that it has inspired them to pursue their legal 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. S-18082/18101 Created Date: Learn more about UA's notice of nondiscrimination. Typically, programs, which feature unique courses that train students to lead Alaska into the future. 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. Teck American, Inc., et al. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 0000001252 00000 n Once a justice has been selected, they will serve for at least three years, and then Alaska citizens will vote on whether the justice should be retained. The superior court scheduled a 3-day trial in April and ordered that discovery be completed 14 days before the start of the trial. The Superior Court Did Not Abuse Its Discretion By Failing To Address The Costs And Risks Of Sale Of The Property. in front of a judge or jury. 10. 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. research teams and collaborate with experienced faculty mentors. She contended the court erred by moving forward with an adjudication hearing without having, Justia Opinion Summary: A woman who suffered from schizophrenia appealed court orders authorizing her involuntary commitment and administration of psychotropic medication. 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. A party wishing to cite such a decision in a brief or at oral argument should review Alaska Appellate Rule 214(d). Generally, the justices will hear arguments in the location of the trial court in which the case was originally decided. The justices are appointed by the governor of Alaska from slates of candidates approved by the Alaska Judicial Council, an independent commission of Alaskan lawyers and lay citizens. 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.. They could requalify under Tier I as long as they returned to work by 2010 and paid back their cash out. 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. It found that Burns-Marshall's earning capacity of more than $100,000 per year was much greater than Krogman's $15,000, or even the $50,000 or $55,000 she could earn after completing her nursing degree. Trial courts around the state are conducting video hearings via livestream as authorized by the Presiding Judges' Statewide Order. It found Krogman more credible than Burns-Marshall and found by a preponderance of the evidence that multiple acts of domestic violence, including several incidents of sexual assault, had occurred. academic and personal Pay Online The court denied his motion. CINA/DL Parties: contact the Kotzebue Court at (907) 442-3208 for call-in information. | Alaska Insight, Litter of wolverine kits brings adorable triple threat to Alaska Zoo. hb`````1f`a`H @16 P QKrScr'I|kL:0 fc rhL;X&8r Conference line (toll free): 1-888-788-0099 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. 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. I know that students get nervous standing in front of a real judge and having to 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. You're all set! The Alaska Supreme Court will hear oral arguments in a lawsuit filed by independent U.S. House candidate Alyse Galvin Friday beginning at 1:15 p.m. Galvin, an independent candidate, won the . The Alaska Airlines Center and Seawolf Sports Complex offer recreation as well The supreme court has final state appellate jurisdiction in both civil and criminal law matters. 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. 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. This new classroom will expand the reach of the Legal Studies program into CINA/DL Parties: contact the court at (907) 424-7312 or email 3COmailbox@akcourts.gov for call-in information. The days on which arguments are held are identified on the The reason the State urged the adop-tion of the lower standard was because, "based on the Tier I was the golden ticket for public employees in Alaska maybe in the country at the time. 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.
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