Alaska Supreme Court Headnotes BILL YANKEE, APPELLANT V. CITY AND BOROUGH OF JUNEAU, ET AL, APPELLEES The Director of Juneau’s Community Development Department has discretionary enforcement authority concerning plat notes and restrictive covenants which is not typically subject to judicial review. Property Law – Standing –...
Alaska Supreme Court Headnotes KYLIE L., APPELLANT V. STATE OF ALASKA, DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF CHILDREN’S SERVICES, APPELLEE. Because the termination of parental rights is such as a drastic measure, the State has an obligation to provide timely and reasonable efforts to...
Alaska Supreme Court Headnotes none Alaska Courts of Appeals Headnotes LEWIS JORDAN JR., APPELLANT, V. STATE OF ALASKA, APPELLEE The prosecutor may voluntarily dismiss a charge against the defendant without the defendant’s consent, but only if the charge is dismissed with prejudice. Criminal law – Dismissal of...
Alaska Supreme Court Headnotes DOUGLAS INDIAN ASSOCIATION, APPELLANT V. CENTRAL COUNCIL OF TLINGIT AND HAIDA INDIAN TRIBES OF ALASKA, ET AL, APPELLEES Because tribal sovereign immunity goes to subject matter jurisdiction, it is not an affirmative defense and may be raised in a motion to dismiss before...
Alaska Supreme Court Headnotes TIMOTHY W., APPELLANT, V. JULIA M., APPELLEE A judge’s unflattering comments about a litigating party’s professional ability and mental health issues will not necessarily create bias or the appearance of bias, when those comments are made in open court and pursuant to the...
Alaska Supreme Court Headnotes none Alaska Courts of Appeals Headnotes ROBERT DEE NICKLIE, APPELLANT, V. STATE OF ALASKA, APPELLEE The current Alaska Court System form for entry of criminal judgment is flawed because its wording does not distinguish between a jury’s multiple guilty verdicts and the actual number of...
Alaska Supreme Court Headnotes none Alaska Courts of Appeals Headnotes KENNETH ARNOLD WAHL, APPELLANT, V. STATE OF ALASKA, APPELLEE Grand jury testimony may not be admitted into evidence at trial due to the unavailability of the grand jury witness unless the party offering the testimony proves that the party...
Alaska Supreme Court Headnotes JEAN R. KOLLANDER, APPELLANT, V. DARYL E. KOLLANDER, APPELLEE An attorney’s failure to take reasonable steps to investigate the facts of the case before pleading those facts in court documents is enough to warrant Rule 11 sanctions against the attorney. Family law...
Alaska Supreme Court Headnotes CAITLYN E., APPELLANT V. STATE OF ALASKA, DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF CHILDREN’S SERVICES, APPELLEE. The state’s expert witness was properly qualified because her expert testimony was based on cultural knowledge and therefore did not rely on formal...
Alaska Supreme Court Headnotes ESTATE OF JAMES V. SEWARD, DECEASED A scrivener’s error during the preparation of a will does not automatically void that will if it is otherwise valid. Probate law – Wills MATTHEW H., APPELLANT, V. STATE OF ALASKA, DEPARTMENT OF...
