Justia Alaska Supreme Court Opinion Summaries

A mother appealed the superior court’s decision adjudicating her child as a child in need of aid, contending the court relied in part on the record from her previous custody proceeding without giving her prior notice. The mother argued that by not giving her notice, the court violated her due process rights. Relying on cases involving judicial bias, she then claimed the superior court’s due process violation warranted automatic reversal of the court’s adjudication finding, or, alternatively, reversal on the basis that the error was not harmless. The Alaska Supreme Court determined, after review of this case, the mother failed to demonstrate that this alleged error was anything but harmless. View "Amy S. v. State of Alaska, DHSS, OCS" on Justia Law

Jerry Hatten lived with Beverly Toland for 20 years. He died intestate. Hatten had named Toland as the sole beneficiary to his individual retirement account, but did not provide for her to inherit any of his other assets. She sought a larger share of his estate, arguing: (1) Hatten promised to support her financially if she moved to Alaska to live with him; and (2) the court should divide Hatten's property according to their intent because she and Hatten were domestic partners. A special master recommended rejecting Toland's claims, and the superior court adopted the master's recommendation. Finding no reversible error in that decision, the Alaska Supreme Court affirmed. View "In the Matter of the Estate of Jerry Hatten" on Justia Law

The Alaska Workers’ Compensation Board denied a Bryce Warnke-Green's request that his employer pay for a van modified to accommodate his work-related disability. On appeal, the Alaska Workers’ Compensation Appeals Commission decided that a modifiable van was a compensable medical benefit. Warnke-Green moved for attorney’s fees. The Commission reduced the attorney’s hourly rate, deducted a few time entries, and awarded him less than half of what was requested. Warnke-Green asked the Commission to reconsider its award, but the Commission declined to do so because of its view that the Alaska Workers’ Compensation Act (the Act) allowed it to reconsider only the final decision on the merits of an appeal. The Alaska Supreme Court granted Warnke-Green's petition for review, and held that the Commission had the necessarily incidental authority to reconsider its non-final decisions. The Court also reversed the Commission’s award of attorney’s fees and remanded for an award that was fully compensable and reasonable. View "Warnke-Green v. Pro-West Contractors, LLC" on Justia Law

Guy Berry and Colleen Coulman had a daughter, born in May 2010. Berry and Coulman never married. Berry was a soldier stationed at Fort Wainwright until shortly before their daughter was born, when he was transferred to Fort Bragg, North Carolina. Berry and Coulman did not have a custody agreement. Coulman had sole physical custody of their daughter from her birth. After Berry’s transfer Coulman contacted Alaska’s Child Support Services Division (CSSD) for assistance in obtaining child support from Berry. In May 2011 CSSD entered an order requiring Berry to pay Coulman $773 per month in child support. Berry appealed his child support obligation, arguing: (1) the superior court lacked subject matter jurisdiction to modify the order; or alternatively, (2) the court abused its discretion by modifying the support order without sufficient proof of a material change in circumstances; and (3) the court impermissibly retroactively modified the support order. The Alaska Supreme Court held the superior court properly exercised its jurisdiction in modifying the support order, that it did not abuse its discretion in modifying the order because there was sufficient proof of material change of circumstances, and that the one-day retroactive modification was a de minimis error that did not require correction. View "Berry v. Coulman" on Justia Law

A husband appealed the superior court’s unequal property division in a divorce proceeding that gave the wife the majority of the marital estate. He argued the superior court abused its discretion when dividing the property, and that the property division was therefore inequitable. The Alaska Supreme Court determined the property division was neither clearly unjust nor based on clearly erroneous factual findings, and affirmed the superior court’s decision. View "Downs v. Downs" on Justia Law

The Alaska Department of Health and Social Services required most healthcare facilities to document the need for proposed services before the state approves construction of a new facility. The agency determined that an ambulatory surgical facility seeking to relocate from Anchorage to Wasilla did not need to submit such documentation because it was moving within the same community as defined by the relevant statute. Competing medical facilities in the Matanuska-Susitna Borough objected to the determination, arguing that Anchorage and Wasilla were not the “same community” and that the proposed relocation required the usual certification of need. Because Anchorage and Wasilla were not the same community as contemplated by the statute, the Alaska Supreme Court reversed the determination that the facility was exempt from the required certification process. View "Alaska Spine Center, LLC v. Mat-Su Valley Medical Center, LLC" on Justia Law

A wife with serious medical conditions filed for divorce, but during trial, the parties agreed to a legal separation to ensure the wife’s continued access to her husband’s employer-sponsored health insurance. The separation agreement’s primary focus was delaying the divorce for 4 years, until the wife reached age 62 and became eligible for 36 months of post-divorce continuing health insurance coverage through the husband’s employer-sponsored health insurance. The superior court divided the marital estate and ordered the husband to pay spousal support for 3 years and to pay for the wife’s health insurance coverage after the expected later divorce. The wife appealed, arguing the court erred by failing to value the husband’s post-retirement medical benefits, declining to consider her agreement to legally separate as a factor in her favor when dividing the marital estate, wrongfully conflating spousal support with its property award, and unfairly allocating the overall property division. After review, the Alaska Supreme Court reversed the court’s ruling that it did not need to value the husband’s retirement health benefits and remanded for its valuation and a renewed equitable property distribution. View "Wilkins v. Wilkins" on Justia Law

Yvonne Gambini appeals the superior court’s property division order for her divorce from Perry Hamilton. Gambini argues that she is entitled to more than half of the marital estate and that the superior court erroneously treated a loan she made to Hamilton prior to their marriage as a marital obligation. She also contends that the court incorrectly valued Hamilton’s retirement account and that several of its procedural decisions unfairly prejudiced her or violated her rights. The Alaska Supreme Court determined none of Gambini’s claims amounted to reversible error. View "Gambini v. Hamilton" on Justia Law

The district court found that a woman, "Linda M.," charged with several misdemeanors was incompetent to stand trial and committed her to a state hospital. The hospital later brought petitions in the superior court for civil commitment and involuntary medication. Linda moved to dismiss or stay the proceedings, contending that the superior court was an improper forum because of the criminal case pending in the district court. The superior court denied the motion, asserted its jurisdiction to hear the case, and granted the hospital’s petition for authority to administer medication. Linda appealed. The Alaska Supreme Court held the superior court properly asserted its jurisdiction over the civil commitment and involuntary medication petitions and that the superior court did not err in finding that involuntary medication was in Linda's best interests. View "In Re Hospitalization of Linda M." on Justia Law

Connor J. was living at a shelter for homeless youth, when his psychiatric condition allegedly began to deteriorate. A social worker filed a petition in superior court seeking authority to hospitalize Connor for evaluation. The petition noted Connor had a history of suicidal thoughts; that he had been diagnosed at various times with depression, anxiety, post-traumatic stress disorder, and oppositional defiant disorder; and that he had been treated for mental illness in the past at a hospital and several counseling centers. Connor was transported to Alaska Psychiatric Institute (API) for an evaluation. A few days later API filed a petition for 30-day commitment and a proceedings were initiated that lead to his commitment. The superior court issued a 30-day involuntary commitment order after finding that Connor was "gravely disabled" and there were no less restrictive alternatives to hospitalization. The respondent appealed, arguing that it was plain error to find he waived his statutory right to be present at the commitment hearing, that it was clear error to find there were no less restrictive alternatives, and that the commitment order should be amended to omit a finding that he posed a danger to others, a finding the superior court meant to reject. The Alaska Supreme Court concluded it was not plain error to find that the respondent waived his presence at the hearing. We further conclude that it was not clear error to find that there were no less restrictive alternatives to a 30-day hospital commitment. However, because there was no dispute that the “danger to others” finding should not have been included in the commitment order, the case was remanded for issuance of a corrected order. View "In Re Hospitalization of Connor J." on Justia Law