Alaska Supreme Court

The court vacated the final judgment quieting title because the judgment created an access route that did not reflect the historical easement or its partial extinguishment by prescription.

The court affirmed dismissal of Dot Lake Village's suit against Dená Nená Henash for lack of subject matter jurisdiction because the intertribal organization qualified for arm-of-the-tribe sovereign immunity under the five-factor framework.

The Alaska Supreme Court adopted a "stop and clarify" rule under article I, sections 9 and 11 of the Alaska Constitution: when a suspect who has waived Miranda rights later makes an ambiguous request for counsel, interrogating officers must stop questioning and clarify whether the suspect is requesting a lawyer.

The Alaska Supreme Court affirmed the superior court's dismissal of the mother's state-court custody complaint so the dispute could proceed in the Kenaitze Tribal Court, holding that because the father filed his tribal custody petition before the mother filed her state complaint, the first-filed tribal court is the…

The Alaska Supreme Court affirmed dismissal of Lora Reinbold's claims arising from an Ethics Committee investigation into her social-media conduct. It held that the claims against the State alleged no actionable executive-branch conduct, while claims against the Ethics Committee were barred by legislative immunity…

The Alaska Supreme Court held that under article I, sections 9 and 11 of the Alaska Constitution, when a suspect who has waived Miranda rights later makes an ambiguous request for counsel, interrogating officers must stop questioning and clarify whether the suspect wants a lawyer — a 'stop and clarify' rule that…

The Alaska Supreme Court affirmed the superior court's judgment exempting NSHC's seven-unit staff apartment building in Nome from property taxation under AS 29.45.030(a)(3). The court held that housing medical staff near a hospital serves 'hospital purposes,' but that the apartments were not used 'exclusively' for…

The Alaska Supreme Court affirmed the superior court's amendment of written custody findings to reflect that the mother committed a single act of domestic violence, as the original trial judge had orally found.

The Alaska Supreme Court affirmed the denial of Alyeska International's small business tax exemption for tax years 2016-2018. It held that the State's determination was timely, that the Clinic performed services in the field of health because its value substantially depended on professional skill and judgment, and…

The Alaska Supreme Court affirmed termination of Erin's parental rights to Kameron, an Indian child, based on her failure to protect him from repeated domestic violence in the home.

The court affirmed dismissal of the father's CINA case as moot because the child's adoption had become unchallengeable after the statutory one-year period, leaving no possible relief that could restore the father's legal parentage or custody.

The Alaska Supreme Court affirmed termination of the father's parental rights, holding that OCS made reasonable efforts toward reunification when its efforts were considered in their entirety.

The court held that the cultural expert testimony supporting termination of Viva's parental rights was legally insufficient under ICWA because it did not connect the parents' specific conduct to the Tribe's social and cultural standards.

The court affirmed dismissal of Blake J.'s tort claims as barred by the two-year statute of limitations. It held that extended foster-care custody does not postpone adulthood for limitations purposes, that prior guardianship proceedings did not preclude OCS from contesting Blake's competency to sue, and that equitable…

The Alaska Supreme Court affirmed dismissal under Alaska Civil Rule 12(b)(6) of a self-represented litigant's complaint against Alaska Housing Finance Corporation. Reviewing de novo and construing the pleadings liberally, the court identified six potential claims and held that three were time-barred (failure to…

The Alaska Supreme Court held that appeals from involuntary admission and involuntary medication orders are categorically reviewable under the public-interest exception even after the orders expire.

The Alaska Supreme Court affirmed the dismissal of Joshua Richardson's first civil suit as untimely under the two-year personal-injury limitations period, holding his claims accrued no later than July 14, 2010 and that neither mental incompetency under AS 09.10.140(a)(2) nor incarceration-related hardships equitably…

The court affirmed the termination of Sylvia's parental rights to three children. It held that any error in allowing OCS to amend its petition to add mental illness as a termination ground was harmless because unchallenged alternative grounds independently supported the CINA findings; that OCS made the required…

The Alaska Supreme Court affirmed termination of Chloe W.'s parental rights to her three-year-old son, an Indian child, because the record supported findings that she had not remedied her substance-abuse and mental-health conditions, OCS had made active reunification efforts, returning the child would likely cause…

The Alaska Supreme Court reversed summary judgment for a car dealership in a strict products liability suit arising from a 2008 moose collision that left the driver with bilateral frontal lobe brain damage.

The Alaska Supreme Court affirmed every aspect of the superior court's divorce judgment challenged by the father, Rene Limeres. It held that the $40,000 annual income finding supporting his $1,514-per-month child support obligation was not clearly erroneous despite his conflicting testimony and later tax return…

The Alaska Supreme Court affirmed the termination of Sherman B.'s parental rights to Kadin. It held that clear and convincing evidence supported findings that Sherman abandoned Kadin and failed to remedy the conduct underlying that finding, that OCS made reasonable reunification efforts, and that termination served…

The Alaska Supreme Court reversed the property characterization and valuation rulings in a divorce case. It held that the jointly titled lot purchased with proceeds from refinancing a marital home was entirely marital property, and that the marital home's equity ordinarily must be valued as close as practicable to…

The Alaska Supreme Court affirmed the termination of Sherman B.'s parental rights to his daughter Darcy, holding that clear and convincing evidence supported the findings that Darcy was a child in need of aid based on abandonment, that Sherman failed to remedy the abandonment within a reasonable time, and that OCS…

The court affirmed termination of David's parental rights to Hannah and affirmed denial of his motion to set aside the judgment for ineffective assistance of counsel. It held that the evidence supported findings of abandonment, incarceration without adequate arrangements, and substance abuse; that OCS made the active…

The court held that the prosecutor improperly used Adams's pretrial silence to impeach his trial testimony and argue that he was less credible. Alaska law constitutionally protects post-arrest silence and generally excludes evidence of pre-arrest silence under the evidence rules because its probative value is low and…

The Alaska Supreme Court affirmed the termination of Christina J.'s parental rights to her infant son Gideon, an Indian child. The court held that clear and convincing evidence supported the findings that Christina failed, within a reasonable time, to remedy the substance abuse and domestic violence conditions placing…

The Alaska Supreme Court affirmed the termination of a Laotian father's parental rights to his three sons, who qualify as Indian children under the Indian Child Welfare Act. The court held that OCS's reunification efforts—hearing aids, interpreters, culturally tailored outreach through a Buddhist temple, visitation…

The Alaska Supreme Court affirmed the termination of Lucy J.'s parental rights to her two Indian children, Jack and Carmen, under AS 47.10.088 and the Indian Child Welfare Act. Abundant evidence supported the findings that she failed to remedy her substance abuse and neglect, that OCS made the active efforts ICWA…

The Alaska Supreme Court affirmed the termination of Barbara's and Leo's parental rights to their children Michael and Gary. It held that the superior court did not abuse its discretion in admitting a psychologist's testimony based on a two-year-old evaluation, that clear and convincing evidence supported findings…

The Alaska Supreme Court affirmed the termination of Dale's parental rights to his Indian child, concluding that the evidence supported each required termination finding. Dale had abandoned the child, failed to remedy the conditions placing him at risk within a reasonable time, and did not complete required…

The Alaska Supreme Court affirmed termination of the incarcerated father's parental rights because the evidence supported findings that the conditions harming the children remained unremedied, the State made active efforts to reunify the Indian family, and termination was in the children's best interests.

The Alaska Supreme Court affirmed the termination of Jon S.'s parental rights to his daughter Melissa, an Indian child under the Indian Child Welfare Act. The court held the record contained substantial evidence supporting the child-in-need-of-aid adjudication on abandonment grounds, the failure-to-remedy finding, the…

The court held that the appeal was technically moot but reviewable under the public interest exception because involuntary-medication proceedings present recurring issues that are likely to evade review.

The Alaska Supreme Court affirmed the termination of Ben M.'s parental rights to his daughter Nicole, an Indian child under the Indian Child Welfare Act. It held the trial court did not abuse its discretion in denying Ben's day-of-trial continuance because his substitute counsel had more than seven weeks to prepare, a…

The Alaska Supreme Court held that applying ASORA to a person who committed and was convicted of a sex offense before ASORA's enactment violates the Alaska Constitution's ex post facto clause.

The Alaska Supreme Court affirmed the termination of Audrey's parental rights to Abby and Kit. It held that the superior court made adequate findings, supported by clear and convincing evidence, that the children were neglected because Audrey failed to provide care and control necessary for their mental health and…

The Alaska Supreme Court sustained the constitutionality of AS 47.30.915(7)(B)'s 'gravely disabled' standard only as construed to require a level of incapacity so substantial that the respondent cannot survive safely in freedom, rejecting both API's reliance on Addington's 'some danger' phrasing and Wetherhorn's…

The Alaska Supreme Court reversed a summary judgment dismissing Christine Cikan's personal injury suit against ARCO as time-barred, holding that her psychiatrist's affidavit, corroborating lay affidavits and records, and her own verified statements raised a genuine issue of material fact as to whether post-accident…

The court affirmed the rulings admitting the challenged expert, photographic, insurance-appraisal, and impeachment evidence and affirmed denial of a new trial. It held that Daubert applies to scientific expert testimony but not to experience-based testimony, and that a treating physician testifying about treatment…