10 Alaska opinions name it 2 courts 1980–2023 1 in the last five years
The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ward v. Stategreen2 sentences1991Where, as here, the plain language of a rule is clear and unambiguous, however, the party asserting a different meaning “bears a correspondingly heavy burden of demonstrating contrary legislative intent.” Ward v. State, 758 P.2d 87 , 90 n. 5 (Alaska 1988) (quoted in Zsupnik, 789 P.2d at 359 ). 1991Where, as here, the plain language of a rule is clear and unambiguous, however, the party asserting a different meaning “bears a correspondingly heavy burden of demonstrating contrary legislative intent.” Ward v. State, 758 P.2d 87 , 90 n. 5 (Alaska 1988) (quoted in Zsupnik, 789 P.2d at 359 ). | 3 | 4 |
Yerrington v. Yerringtongreen2 sentences2013P. 90.3(h)(2); Yerrington v. Yerrington, 933 P.2d 555, 558 (Alaska 1997) ("Although the plain language of the rule applies only to arrearages, we have held that, appropriately interpreted, this rule prohibits both retroactive decreases and increases in child support awards ....") (citations omitted). 2005X(B); Yerrington v. Yerrington, 933 P.2d 555, 558 (Alaska 1997) ("Although the plain language of the rule applies only to arrearages, we have held that, appropriately interpreted, this rule prohibits both retroactive decreases and increases in child support awards prior to the date the modification motion is served on the opposing party."). . | 2 | 2 |
McGautha v. Californiagreen1 sentence2023That said, our case law is clear that a defendant’s express personal waiver is not required in order to toll time under Rule 45(d)(2).50 As the supreme court has recognized, “The outer limits of Alaska’s constitutional right to speedy trial are not defined by Rule 45” and “decisions pertaining to waiver of fundamental constitutional rights are inapplicable[.]”51 49 (...continued) Rule 45(d)(2) based on the Senator’s belief that “any competent defendant has the right to screw up their own defense”); cf. McGautha v. California, 402 U.S. 183, 213 (1971) (“The criminal process . . . is replete wit | 1 | 1 |
In Re Disciplinary Action Against Fullergreen1 sentence2015B AR A SS ’N , STATE A DOPTION OF THE ABA M ODEL RULES OF P R O F E S S I O N A L C O N D U C T A N D C O M M E N T S 1 (2 0 1 1 ) , a v a ila b le a t http://www.americanbar.org/content/dam/aba/migrated/cpr/pic/comments.authcheckd am.pdf. 15 See, e.g., People v. Albright, 91 P.3d 1063, 1067-68 (Colo. 2003) (applying Rule 3.3 to misrepresentations about personal assets and income in lawyer’s personal bankruptcy filing); In re Disciplinary Action Against Fuller, 621 N.W.2d 460, 469 (Minn. 2001) (per curiam) (applying Rule 3.4 to attorney’s submission of misleading evidence in disciplinary proce | 1 | 1 |
Disciplinary Counsel v. Robinsongreen1 sentence2015B AR A SS ’N , STATE A DOPTION OF THE ABA M ODEL RULES OF P R O F E S S I O N A L C O N D U C T A N D C O M M E N T S 1 (2 0 1 1 ) , a v a ila b le a t http://www.americanbar.org/content/dam/aba/migrated/cpr/pic/comments.authcheckd am.pdf. 15 See, e.g., People v. Albright, 91 P.3d 1063, 1067-68 (Colo. 2003) (applying Rule 3.3 to misrepresentations about personal assets and income in lawyer’s personal bankruptcy filing); In re Disciplinary Action Against Fuller, 621 N.W.2d 460, 469 (Minn. 2001) (per curiam) (applying Rule 3.4 to attorney’s submission of misleading evidence in disciplinary proce | 1 | 1 |
People v. Albrightgreen1 sentence2015B AR A SS ’N , STATE A DOPTION OF THE ABA M ODEL RULES OF P R O F E S S I O N A L C O N D U C T A N D C O M M E N T S 1 (2 0 1 1 ) , a v a ila b le a t http://www.americanbar.org/content/dam/aba/migrated/cpr/pic/comments.authcheckd am.pdf. 15 See, e.g., People v. Albright, 91 P.3d 1063, 1067-68 (Colo. 2003) (applying Rule 3.3 to misrepresentations about personal assets and income in lawyer’s personal bankruptcy filing); In re Disciplinary Action Against Fuller, 621 N.W.2d 460, 469 (Minn. 2001) (per curiam) (applying Rule 3.4 to attorney’s submission of misleading evidence in disciplinary proce | 1 | 1 |
Epperson v. Eppersongreen1 sentence1997Boone v. Gipson, 920 P.2d 746 ,- 749 (Alaska 1996) (asserting that Civil Rule 90.3(h)(2) allows the superior court to increase child support obligations from the date the obligor parent was served with the motion for modification); see also Epperson v. Epperson, 835 P.2d 451, 453 (Alaska 1992) (affirming the trial court’s award of increased child support beginning on the date the modification motion was served on the obligor parent). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Duffus v. Duffus
green
1 sentence2005Duffus, 72 P.3d at 320-21 . . - Rule 90.3(b)(2) is intended to restate a federal statute prohibiting retroactive modification of child support arrearages. | 1 | 2005–2005 |
Boone v. Gipson
green
1 sentence1997Boone v. Gipson, 920 P.2d 746 ,- 749 (Alaska 1996) (asserting that Civil Rule 90.3(h)(2) allows the superior court to increase child support obligations from the date the obligor parent was served with the motion for modification); see also Epperson v. Epperson, 835 P.2d 451, 453 (Alaska 1992) (affirming the trial court’s award of increased child support beginning on the date the modification motion was served on the obligor parent). | 1 | 1997–1997 |
Zsupnik v. State
green
2 sentences1991Where, as here, the plain language of a rule is clear and unambiguous, however, the party asserting a different meaning “bears a correspondingly heavy burden of demonstrating contrary legislative intent.” Ward v. State, 758 P.2d 87 , 90 n. 5 (Alaska 1988) (quoted in Zsupnik, 789 P.2d at 359 ). 1991Where, as here, the plain language of a rule is clear and unambiguous, however, the party asserting a different meaning “bears a correspondingly heavy burden of demonstrating contrary legislative intent.” Ward v. State, 758 P.2d 87 , 90 n. 5 (Alaska 1988) (quoted in Zsupnik, 789 P.2d at 359 ). | 1 | 1991–1991 |
Howe v. State
green
1 sentence1980According to the plain language of the rule, the state was entitled to the firearms expert’s report only if the report was “intended by the defendant to be used at trial.” Since there is no indication that Gipson ever intended to use the report at trial, we conclude that the superior court erred in compelling its disclosure. 5 See Howe v. State, 589 P.2d 421 (Alaska 1979). | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.