outset hearing in Alaska

2022See Williams v. Abood, 53 P.3d 134, 148 (Alaska 2002) (“[F]ailure to make the appropriate objection during the hearing waives the right to appeal procedural errors.”). -24- 7635

2016A continuance must be requested before or at the outset of the hearing.” 19 Klockenbrink v. State, 472 P.2d 958, 965 (Alaska 1970). 20 Fairbanks Fire Fighters Ass’n, Local 1324 v. City of Fairbanks, 48 P.3d 1165, 1167 (Alaska 2002) (quoting Gerstein v. Axtell, 960 P.2d 599, 601 (Alaska 1998)). 21 See id. (“A claim is moot if it is no longer a present, live controversy, and the party bringing the action would not be entitled to relief, even if it prevails.” (citing Gerstein, 960 P.2d at 601 )). -13- 7109 those allegations.

2016A continuance must be requested before or at the outset of the hearing.” 19 Klockenbrink v. State, 472 P.2d 958, 965 (Alaska 1970). 20 Fairbanks Fire Fighters Ass’n, Local 1324 v. City of Fairbanks, 48 P.3d 1165, 1167 (Alaska 2002) (quoting Gerstein v. Axtell, 960 P.2d 599, 601 (Alaska 1998)). 21 See id. (“A claim is moot if it is no longer a present, live controversy, and the party bringing the action would not be entitled to relief, even if it prevails.” (citing Gerstein, 960 P.2d at 601 )). -13- 7109 those allegations.

2016A continuance must be requested before or at the outset of the hearing.” 19 Klockenbrink v. State, 472 P.2d 958, 965 (Alaska 1970). 20 Fairbanks Fire Fighters Ass’n, Local 1324 v. City of Fairbanks, 48 P.3d 1165, 1167 (Alaska 2002) (quoting Gerstein v. Axtell, 960 P.2d 599, 601 (Alaska 1998)). 21 See id. (“A claim is moot if it is no longer a present, live controversy, and the party bringing the action would not be entitled to relief, even if it prevails.” (citing Gerstein, 960 P.2d at 601 )). -13- 7109 those allegations.

2016A continuance must be requested before or at the outset of the hearing.” 19 Klockenbrink v. State, 472 P.2d 958, 965 (Alaska 1970). 20 Fairbanks Fire Fighters Ass’n, Local 1324 v. City of Fairbanks, 48 P.3d 1165, 1167 (Alaska 2002) (quoting Gerstein v. Axtell, 960 P.2d 599, 601 (Alaska 1998)). 21 See id. (“A claim is moot if it is no longer a present, live controversy, and the party bringing the action would not be entitled to relief, even if it prevails.” (citing Gerstein, 960 P.2d at 601 )). -13- 7109 those allegations.

2011I conclude that both parties' express statements made at the outset of the hearing that it was "not [their] intent" to place Rainbow "automatically in default" but rather to "re-key the dates" at least creates a question of fact as to whether they intended to rescind the original agreement and re-negotiate a new one. [10] Op. at 1014. [11] E.g., Osterkamp v. Stiles, 235 P.3d 193, 196 (Alaska 2010) ("The general elements required for the application of the doctrine of equitable estoppel are the assertion of a position by conduct or word, reasonable reliance thereon by another party, and resulti

2011Utils., Inc., 576 P.2d 97, 102 (Alaska 1978))); Sowinski v. Walker, 198 P.3d 1134, 1147 (Alaska 2008) (explaining that the doctrine of equitable estoppel "bars a speaker from taking a position inconsistent with a prior statement when another person has reasonably and detrimentally relied on the earlier statement" and that the doctrine's purpose is to "protect parties' reasonable expectations").

2011Utils., Inc., 576 P.2d 97, 102 (Alaska 1978))); Sowinski v. Walker, 198 P.3d 1134, 1147 (Alaska 2008) (explaining that the doctrine of equitable estoppel "bars a speaker from taking a position inconsistent with a prior statement when another person has reasonably and detrimentally relied on the earlier statement" and that the doctrine's purpose is to "protect parties' reasonable expectations").

1978We have often held that “we will not consider on appeal any objection which was not raised at the trial level.” 10 Therefore, before we will reverse a conviction on this ground, we must be convinced that the alleged misconduct amounted to plain error. 11 An appellant raising an error as plain error on appeal “must shoulder the heavy burden of demonstrating that the alleged misconduct raises a substantial and important question.” Garroutte v. State, 508 P.2d 1190,1191 (Alaska 1973).

1975Nicholas v. State, 477 P.2d 447, 448 (Alaska 1970). 11 .Id. at 448-49 states: It should be clear at the outset that the standard of review concerning the exercise of sentencing discretion by the trial judge requires of necessity a broad view, for it is not the purpose of appellate review to enforce uniformity or to chill initiative on the part of the trial judge in attempting to arrive at a proper sentence.