Stephan rule (Alaska) · Go Syfert
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Stephan rule in Alaska

7 Alaska opinions name it 2 courts 1987–2021 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.

Followed or applied (11)

CaseFollowedCited
Stephan v. Stategreen
alaska · 1985 · cited in 3 Alaska opinions naming this issue, 1989–2008
2 sentences

2008See id. at 1162 ; see also Suiter v. State, 785 P.2d 28, 31 (Alaska App.1989) (declining to apply Stephan rule to the booking process where evidence showed that failure to record the proceedings was inadverient rather than intentional). 6 . 774 P.2d 1326 (Alaska 1989). 7 . 629 P.2d 35 (Alaska 1980) rejected on other grounds in Stephan, 711 P.2d at 1163 . 8 .

2008See id. at 1162 ; see also Suiter v. State, 785 P.2d 28, 31 (Alaska App.1989) (declining to apply Stephan rule to the booking process where evidence showed that failure to record the proceedings was inadverient rather than intentional). 6 . 774 P.2d 1326 (Alaska 1989). 7 . 629 P.2d 35 (Alaska 1980) rejected on other grounds in Stephan, 711 P.2d at 1163 . 8 .

13
Noey v. Bledsoegreen
alaska · 1999 · cited in 1 Alaska opinions naming this issue, 2021–2021
1 sentence

2021App. P. 521 (allowing appellate courts to “relax[] or “dispense[] with” the appellate rules “where a strict adherence to them will work surprise or injustice”); In re Adoption of Erin G., 140 P.3d 886, 889 (Alaska 2006) (“[T]he time limit for filing a notice of appeal is not jurisdictional and the rule may be relaxed or dispensed with ‘to avoid surprise or injustice.’ ” (quoting Isaacson Structural Steel Co., Div. of Isaacson Corp. v. Armco Steel Corp., 640 P.2d 812 , 815 n.8 (Alaska 1982)). 7 Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 506 (Alaska 2014). 8 Briggs v. City of

11
In Re the Adoption of Erin G.green
alaska · 2006 · cited in 1 Alaska opinions naming this issue, 2021–2021
2 sentences

2021App. P. 521 (allowing appellate courts to “relax[] or “dispense[] with” the appellate rules “where a strict adherence to them will work surprise or injustice”); In re Adoption of Erin G., 140 P.3d 886, 889 (Alaska 2006) (“[T]he time limit for filing a notice of appeal is not jurisdictional and the rule may be relaxed or dispensed with ‘to avoid surprise or injustice.’ ” (quoting Isaacson Structural Steel Co., Div. of Isaacson Corp. v. Armco Steel Corp., 640 P.2d 812 , 815 n.8 (Alaska 1982)). 7 Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 506 (Alaska 2014). 8 Briggs v. City of

2021App. P. 521 (allowing appellate courts to “relax[] or “dispense[] with” the appellate rules “where a strict adherence to them will work surprise or injustice”); In re Adoption of Erin G., 140 P.3d 886, 889 (Alaska 2006) (“[T]he time limit for filing a notice of appeal is not jurisdictional and the rule may be relaxed or dispensed with ‘to avoid surprise or injustice.’ ” (quoting Isaacson Structural Steel Co., Div. of Isaacson Corp. v. Armco Steel Corp., 640 P.2d 812 , 815 n.8 (Alaska 1982)). 7 Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 506 (Alaska 2014). 8 Briggs v. City of

11
Griswold v. City of Homergreen
alaska · 2011 · cited in 1 Alaska opinions naming this issue, 2021–2021
1 sentence

2021App. P. 521 (allowing appellate courts to “relax[] or “dispense[] with” the appellate rules “where a strict adherence to them will work surprise or injustice”); In re Adoption of Erin G., 140 P.3d 886, 889 (Alaska 2006) (“[T]he time limit for filing a notice of appeal is not jurisdictional and the rule may be relaxed or dispensed with ‘to avoid surprise or injustice.’ ” (quoting Isaacson Structural Steel Co., Div. of Isaacson Corp. v. Armco Steel Corp., 640 P.2d 812 , 815 n.8 (Alaska 1982)). 7 Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 506 (Alaska 2014). 8 Briggs v. City of

11
Conitz v. Alaska State Commission for Human Rightsgreen
alaska · 2014 · cited in 1 Alaska opinions naming this issue, 2021–2021
1 sentence

2021App. P. 521 (allowing appellate courts to “relax[] or “dispense[] with” the appellate rules “where a strict adherence to them will work surprise or injustice”); In re Adoption of Erin G., 140 P.3d 886, 889 (Alaska 2006) (“[T]he time limit for filing a notice of appeal is not jurisdictional and the rule may be relaxed or dispensed with ‘to avoid surprise or injustice.’ ” (quoting Isaacson Structural Steel Co., Div. of Isaacson Corp. v. Armco Steel Corp., 640 P.2d 812 , 815 n.8 (Alaska 1982)). 7 Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 506 (Alaska 2014). 8 Briggs v. City of

11
Briggs v. City of Palmergreen
alaska · 2014 · cited in 1 Alaska opinions naming this issue, 2021–2021
1 sentence

2021App. P. 521 (allowing appellate courts to “relax[] or “dispense[] with” the appellate rules “where a strict adherence to them will work surprise or injustice”); In re Adoption of Erin G., 140 P.3d 886, 889 (Alaska 2006) (“[T]he time limit for filing a notice of appeal is not jurisdictional and the rule may be relaxed or dispensed with ‘to avoid surprise or injustice.’ ” (quoting Isaacson Structural Steel Co., Div. of Isaacson Corp. v. Armco Steel Corp., 640 P.2d 812 , 815 n.8 (Alaska 1982)). 7 Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 506 (Alaska 2014). 8 Briggs v. City of

11
Gilbert v. Nina Plaza Condo Ass'ngreen
alaska · 2003 · cited in 1 Alaska opinions naming this issue, 2020–2020
1 sentence

2020See, e.g., Tobar v. Remington Holdings LP, 447 P.3d 747, 753 (Alaska 2019); Gilbert v. Nina Plaza Condo Ass’n, 64 P.3d 126, 129 (Alaska 2003). -9- 7453 The superior court denied Stephan’s motion, and Cecilia filed a motion for her attorney’s fees and costs.11 Stephan argued that Cecilia waived her right to pursue attorney’s fees when she filed her motion more than ten days after the court distributed its judgment.12 The court awarded Cecilia 20% of her actual attorney’s fees and costs.

11
Tobar v. Remington Holdings LPgreen
alaska · 2019 · cited in 1 Alaska opinions naming this issue, 2020–2020
1 sentence

2020See, e.g., Tobar v. Remington Holdings LP, 447 P.3d 747, 753 (Alaska 2019); Gilbert v. Nina Plaza Condo Ass’n, 64 P.3d 126, 129 (Alaska 2003). -9- 7453 The superior court denied Stephan’s motion, and Cecilia filed a motion for her attorney’s fees and costs.11 Stephan argued that Cecilia waived her right to pursue attorney’s fees when she filed her motion more than ten days after the court distributed its judgment.12 The court awarded Cecilia 20% of her actual attorney’s fees and costs.

11
Suiter v. Stategreen
alaskactapp · 1989 · cited in 1 Alaska opinions naming this issue, 2008–2008
1 sentence

2008See id. at 1162 ; see also Suiter v. State, 785 P.2d 28, 31 (Alaska App.1989) (declining to apply Stephan rule to the booking process where evidence showed that failure to record the proceedings was inadverient rather than intentional). 6 . 774 P.2d 1326 (Alaska 1989). 7 . 629 P.2d 35 (Alaska 1980) rejected on other grounds in Stephan, 711 P.2d at 1163 . 8 .

11
Thorne v. Department of Public Safetygreen
alaska · 1989 · cited in 1 Alaska opinions naming this issue, 2008–2008
1 sentence

2008See id. at 1162 ; see also Suiter v. State, 785 P.2d 28, 31 (Alaska App.1989) (declining to apply Stephan rule to the booking process where evidence showed that failure to record the proceedings was inadverient rather than intentional). 6 . 774 P.2d 1326 (Alaska 1989). 7 . 629 P.2d 35 (Alaska 1980) rejected on other grounds in Stephan, 711 P.2d at 1163 . 8 .

11
Putnam v. Stategreen
alaska · 1980 · cited in 1 Alaska opinions naming this issue, 2008–2008
1 sentence

2008See id. at 1162 ; see also Suiter v. State, 785 P.2d 28, 31 (Alaska App.1989) (declining to apply Stephan rule to the booking process where evidence showed that failure to record the proceedings was inadverient rather than intentional). 6 . 774 P.2d 1326 (Alaska 1989). 7 . 629 P.2d 35 (Alaska 1980) rejected on other grounds in Stephan, 711 P.2d at 1163 . 8 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Isaacson Structural Steel Co. v. Armco Steel Corp. green
alaska · 1982
1 sentence

2021App. P. 521 (allowing appellate courts to “relax[] or “dispense[] with” the appellate rules “where a strict adherence to them will work surprise or injustice”); In re Adoption of Erin G., 140 P.3d 886, 889 (Alaska 2006) (“[T]he time limit for filing a notice of appeal is not jurisdictional and the rule may be relaxed or dispensed with ‘to avoid surprise or injustice.’ ” (quoting Isaacson Structural Steel Co., Div. of Isaacson Corp. v. Armco Steel Corp., 640 P.2d 812 , 815 n.8 (Alaska 1982)). 7 Conitz v. Alaska State Comm’n for Human Rights, 325 P.3d 501, 506 (Alaska 2014). 8 Briggs v. City of

12021–2021
SB v. State green
alaska · 1980
1 sentence

1987Unrecorded statements made during non-custodial interrogations were not at issue in Mallott or its pre-Stephan progeny (see, e.g., McMahan v. State, 617 P.2d 494 (Alaska 1980); S.B. v. State, 614 P.2d 786 (Alaska 1980)).

11987–1987
McMahan v. State green
alaska · 1980
1 sentence

1987Unrecorded statements made during non-custodial interrogations were not at issue in Mallott or its pre-Stephan progeny (see, e.g., McMahan v. State, 617 P.2d 494 (Alaska 1980); S.B. v. State, 614 P.2d 786 (Alaska 1980)).

11987–1987
Resecker v. State green
alaskactapp · 1986
2 sentences

1987We note, however, that in Resecker v. State, 721 P.2d 650 (Alaska App.1986), we declined to extend the Stephan rule to custodial interrogations occurring at crime scene investigations, where recording equipment is available. 721 P.2d at 653 n. 1.

1987We note, however, that in Resecker v. State, 721 P.2d 650 (Alaska App.1986), we declined to extend the Stephan rule to custodial interrogations occurring at crime scene investigations, where recording equipment is available. 721 P.2d at 653 n. 1.

11987–1987
Farleigh v. Municipality of Anchorage green
alaska · 1986
2 sentences

1987Farleigh v. Anchorage, 728 P.2d 637 (Alaska 1986).

1987Farleigh v. Anchorage, 728 P.2d 637 (Alaska 1986).

11987–1987

Where else courts name it

AK 7 (1987–2021) HI 2 (1994–2025)

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.

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