Appeals

Appeals

Mendel Colbert & Associates, Inc. assists clients with appeals in all types of cases. Parties may appeal cases when they believe the trial court has incorrectly decided an issue in their case. In Alaska, depending on the type of case, the Superior Court, Court of Appeals, or Supreme Court may hear an appeal.

The appellate court does not hear any new testimony or evidence; instead, its job is to decide whether the lower court correctly applied the law to the evidence presented in the trial.

At Mendel Colbert & Associates, Inc., we have extensive experience handling not only domestic relations appeals, but appeals in all areas of civil and criminal law, in both state and federal courts. Some of our attorneys have not only worked with, but within, the appellate courts: attorney Allison Mendel served as a clerk for the 9th Circuit Court of Appeals and the Alaska Supreme Court.

If you believe your case was not decided correctly, you have a very limited time in which to seek an appeal before that window closes forever. Contact Mendel Colbert & Associates, Inc. without delay to discuss whether your case qualifies for an appeal.

Below is a partial listing of the cases Mendel Colbert & Associates, Inc. has handled on appeal:

Pending Decisions

  • Moore v. Moore, Case No. S-15712, Alaska Supreme Court. Counsel for appellant challenging superior court decision.
  • Gunn v. Gunn, Case No. S-15648, Alaska Supreme Court. Counsel for appellant challenging interpretation of settlement agreement.
  • Wikan v. State, Case No. A-11686, Alaska Court of Appeals. Counsel for criminal defendant challenging conviction and sentence.
  • Erickson v. State, Case No. A-11459, Alaska Court of Appeals. Counsel for criminal defendant challenging instruction to jury in DUI case.
  • Moore v. State, Case No. A-11397, Alaska Court of Appeals. Counsel for criminal defendant challenging search as violation of Fourth Amendment.
  • Lewis v. State of Alaska, Case No. A-11189, Alaska Court of Appeals. Counsel for criminal defendant challenging admission of scientific evidence at trial.

Published Decisions

  • Kristen L. v. Benjamin W., 2014 WL 2716842 (Alaska, Jun. 11, 2014) (Memorandum Opinion). Counsel for appellee in custody determination.
  • United States v. Maxon, No. 12-30239, 2014 WL 2611212 (9th Cir. 2014) (Memorandum Opinion). Counsel for criminal defendant.
  • United States v. Brooks, No. 12-30261, 540 Fed. Appx. 593 (9th Cir. 2013) (Memorandum Opinion). Counsel for criminal defendant challenging sentence.
  • United States v. Reese, No. 11-30100, 539 Fed. Appx. 752 (9th Cir. 2013) (Memorandum Opinion). Counsel for defendant challenging sentence.
  • United States v. Fields, No. 12-30315, 539 Fed. Appx. 776 (9th Cir. 2013) (Memorandum Opinion). Counsel for defendant challenging conviction and sentence.
  • Bright v. State of Alaska, 2014 WL 1356865 (Alaska App., Apr. 2, 2014) (Memorandum Opinion). Counsel for criminal defendant challenging conviction.
  • Pouzanova v. Morton, 327 P.3d 865 (Alaska 2014). Counsel for plaintiff in personal injury case.
  • Walters v. Cook, 2013 WL 6732878 (Alaska, Dec. 18, 2013) (Memorandum Opinion). Counsel for mother challenging custody determination.
  • Karels v. State, 2013 WL 870635 (Alaska App. 2013) (Memorandum Opinion). Counsel for defendant in a criminal case challenging the trial court’s interpretation of the defendant’s right to a speedy trial.
  • Swaney v. Granger, 297 P.3d 132 (Alaska 2013). Counsel for a father challenging the amount of child support awarded.
  • U.S. v. Mingarelli, No. 12-30077, 2013 WL 1174052 (9th Cir. 2013). Counsel for criminal defendant in a sentencing appeal.
  • Hiler v. Astrue, 687 F.3d 1208 (9th Cir. 2012). Challenging denial of social security disability benefits.
  • McKitrick v. State, Public Employees Retirement System, 284 P.3d 832 (Alaska 2012) Challenging the denial of Public Employee Retirement System benefits.
  • Poland v. State, 2012 WL 6062113 (Alaska App. 2012) (Memorandum Opinion). Counsel for defendant in a criminal case challenging conviction.
  • U.S. v. Gonzales, 451 Fed. Appx. 689 (9th Cir. 2011) Counsel for criminal defendant in a sentencing appeal.
  • U.S. v. Hunt, 656 F.3d 906 (9th Cir. 2011) Counsel for defendant challenging constitutionality of sentencing.
  • Collier v. Harris, 261 P.3d 397 (Alaska 2011). Challenging the denial of a hearing on custody issues and attorney fee award.
  • Foster v. Professional Guardianship Services Corp., 258 P.3d 102 (Alaska 2011). Counsel for personal representative of the deceased, challenging a final accounting of services for conservatorship estate.
  • United States v. Lee, 394 Fed.Appx. 432 (9th Cir. 2010). Counsel for defendant in an appeal of his conviction and sentence.
  • United States v. Roe, 372 Fed.Appx. 793 (9th Cir. 2010). Counsel for defendant in a sentencing appeal.
  • United States v. Saelee, 383 Fed.Appx. 656 (9th Cir. 2010). Counsel for defendant in sentencing appeal.
  • United States v. Seludo, 410 Fed. Appx. 27 (9th Cir. 2010). Counsel for defendant in appeal of his sentence and conviction.
  • United States v. Brown, 372 Fed.Appx. 714 (9th Cir. 2010). Counsel for defendant in a sentencing appeal.
  • Cartee v. Cartee, 239 P.3d 707 (Alaska 2010). Challenging a divorce case property division.
  • Colton v. Colton, 244 P.3d 1121 (Alaska 2010). Challenging a divorce case property settlement.
  • Osterkamp v. Stiles, 235 P.3d 178 (Alaska 2010). Counsel for psychological parent of child challenging a denial of custody and visitation.
  • Osterkamp v. Stiles, 235 P.3d 193 (Alaska 2010). Challenge to denial of petition for adoption.
  • Schofield v. City of St. Paul, 238 P.3d 603 2010 (Alaska 2010). Counsel for former employee appealing jury verdict that he was not constructively terminated.
  • Tapia v. Astrue, 3:09-cv-00110, Federal District Court (April 27, 2010). Challenging denial of social security disability benefits.
  • Wells v. Astrue, 3:09-cv-00028, Federal District Court (March 10, 2010). Challenging denial of Social Security disability benefits.
  • Warren v. Astrue, 3:09-cv-174, Federal District Court (July 27, 2010). Challenging denial of social security disability benefits.
  • Young v. Lowery, 221 P.3d 1006 (Alaska 2009). Counsel for husband challenging property division.
  • Johnson v. Johnson, 214 P.3d 369 (Alaska 2009). Counsel for wife defending division of retirement benefits in a divorce case.
  • Parks v. Parks, 214 P.3d 295 (Alaska 2009). Counsel of wife challenging an award of joint legal custody and unsupervised visitation to husband in a divorce case involving domestic violence.
  • Grow v. Astrue, 2009 U.S.Dist. Lexis 9007 (D. Alaska 2009). Counsel for disabled individual challenging denial of Social Security benefits.
  • Million v. Astrue, 260 Fed.Appx. 918 (7th Cir. 2008). Challenging denial of social security disability benefits.
  • Onstead v. Astrue, 2008 U.S.Dist. Lexis 39268 (D. Alaska 2008). Counsel for disabled individual regarding attorney fees under Equal Access to Justice Act.
  • Ferguson v. Ferguson, 195 P.3d 127 (Alaska 2008). Counsel for wife challenging the denial of request to modify child support and an award of attorney fees.
  • Sawicki v. Haxby, 186 P.3d 546 (Alaska 2008). Counsel for wife challenging a denial of her request to reduce her child support obligation and an award of attorney fees.
  • Sawicki v. Haxby, 186 P.3d 546 (Alaska 2008). Counsel for mother in appeal of child support modification.
  • United States v. Rendon-Duarte, 490 F.3d 1142 (9th Cir. 2007). Counsel for defendant challenging his sentence.
  • Cooper v. Dist. Ct., 133 P.3d 692 (Alaska App. 2006). Counsel for defendant opposing party status for victim.
  • Rowland v. Monsen, 135 P.3d 1036 (Alaska 2006); Counsel for wife seeking to overturn award of attorney’s fees.
  • ACLU v. State, 122 P.3d 781 (Alaska 2005). Counsel for same-sex couples seeking right to employment benefits from public employers.
  • Lebiedzinski v. Crane, 2005 U.S. Dist Lexis 45787. Counsel for father in custody and attorney fee dispute under the Hague Convention and International Child Abduction Remedies Act.
  • Miller v. Miller, 105 P.3d 1136 (Alaska 2005). Counsel for wife defending property division and award of attorney fees in divorce case.
  • Schmitz v. Schmitz, 88 P.3d 1116 (Alaska 2004). Counsel for wife challenging custody award and property division, and award of attorney fees, in divorce case.
  • U.S. v. Franklin, 321 F.3d 1231 (9th Cir. 2003). Counsel for defendant challenging conviction and sentencing in bank robbery case.
  • Rausch v. Devine, 80 P.3d 733 (Alaska 2003). Counsel for unmarried domestic partner in constructive/resulting trust case.
  • Edelman v. Edelman, 61 P.3d 1 (Alaska 2002). Counsel for husband defending award of marital property.
  • Brandal v. Shangin, 36 P.3d 1188 (Alaska 2001). Counsel for wife defending property valuation and distribution in divorce case.
  • Tolan v. Kimball, 33 P.3d 1152 (Alaska 2001). Counsel for unmarried domestic partner defending division of partnership property.
  • U.S. v. Colvin, 204 F.3d 1221 (9th Cir. 2000). Counsel for defendant challenging dismissal of habeas petition on grounds of untimeliness.
  • Sanders v. Barth, 12 P.3d 766 (Alaska 2000). Counsel for mother in child support case, seeking award of attorney fees.
  • Edelman v. Edelman, 3 P.3d 348 (Alaska 2000). Counsel for husband in divorce case, defending award of marital property and termination of alimony.
  • Tollefsen v. Tollefsen, 981 P.2d 568 (Alaska 1999). Counsel for wife challenging property and alimony award in divorce case.

For More Information

Fill out our online form