16 Feb Alaska Supreme & Appellate Court Headnotes From 2.10.2017
Alaska Supreme Court Headnotes
Featured Case: Civil Law | Prisoner Transport | Richard B. Factors | Waiver on Appeal | Plain Error
ALEX H., APPELLANT, V. STATE OF ALASKA, DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF CHILDREN’S SERVICES, APPELLEE. Alaska Supreme Court
A prisoner’s request for transport to attend his termination of parental rights trial was properly denied because a lower court’s failure to address all of the Richard B. factors did not constitute plain error.
Civil law – Prisoner transport – Richard B. factors – Waiver on appeal – Plain error
OFFICE OF CHILDREN’S SERVICES, APPELLEE. Alaska Supreme Court
Litigant’s decision not to testify in accordance with his Fifth Amendment right against self-incrimination did not constitute a penalty when it was taken into consideration in support of the decision not to provide him transport services so he could attend his termination of parental rights trial.
Fifth Amendment – Right against self-incrimination
CENTRAL RECYCLCING SERVICES, INC., APPELLANT, V. MUNICIPALITY OF ANCHORAGE, APPELLEE. Alaska Supreme Court
Despite the presence of an ambiguously written ordinance, based on the expressio unius tool of statutory interpretation, as well as legislative intent, a recycling company was not entitled to a full rebate of waste disposal fees.
Civil law – Summary Judgment – Tools of statutory construction – Expressio unius est exclusio alterius – Legislative intent
ALEX H., APPELLANT, V. STATE OF ALASKA, DEPARTMENT OF HEALTH & SOCIAL SERVICES, OFFICE OF CHILDREN’S SERVICES, APPELLEE. Alaska Supreme Court
Parent was not deprived of his due process rights because any prejudice toward the parent was theoretical and parent’s prisoner transport request was made at the last minute and would have created a financial and administrative burden on the government.