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

Published Decisions

  • Matter of Adoption of E.H., 431 P.3d 1190 (Alaska 2018). Counsel for grandparents seeking to uphold lower court’s decision to vacate adoption and place children with grandparents.

  • Burns-Marshall v. Krogman, 433 P.3d 1121 (Alaska 2018). Counsel for father challenging custody and property issues in divorce based on due process and other grounds.

  • Fredrickson v. Button, 426 P.3d 1047 (Alaska 2018). Counsel for mother challenging various aspects relating to the lower court’s award of child support.

  • Geldermann v. Geldermann, 428 P.3d 477 (Alaska 2018). Counsel for mother challenging lower court’s custody and child support decision.

  • Laura B. v. Wade B., 424 P.3d 315 (Alaska 2018). Counsel for mother challenging lower court’s custody modification decision on due process grounds.

  • Moore v. McGillis, 408 P.3d 1196 (Alaska 2018). Counsel for mother challenging lower court’s decision on custody modification and child support issues.

  • Swaney v. Granger, 2017 WL 655746 (Alaska Feb. 15, 2017) (Swaney II) (Memorandum Opinion). Counsel for a father challenging the amount of child support awarded.

  • Moore v. State, 372 P.3d 922 (Alaska Ct. App. 2016). Counsel for criminal defendant challenging search as violation of Fourth Amendment.

  • Wikan v. State, 2016 WL 1719546 (Alaska Ct. App. 2016) (Memorandum Opinion. Counsel for criminal defendant challenging conviction and sentence.

  • Gunn v. Gunn, 367 P.3d 1146 (Alaska 2016). Counsel for appellant challenging interpretation of settlement agreement.

  • Charles v. State, 2015 WL 5772417 (Alaska Ct. App. 2015) (Memorandum Opinion). Counsel for criminal defendant challenging conviction.

  • Lewis v. State, 356 P.3d 795 (Alaska Ct. App. 2015). Counsel for criminal defendant challenging admission of scientific evidence at trial.

  • Moore v. Moore, 349 P.3d 1076 (Alaska 2015). Counsel for mother challenging superior court decision allowing father to take child on international visitation to countries not signatories to the Hague Convention.

  • 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) (Swaney I). 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.

  • Sawiki 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.

  • Hildebrand v. Hilderbrand, 962 P.2d 887 (Alaska 1998). Counsel for wife defending child support award in divorce case.

  • Pierce v. Pierce, 949 P.2d 498 (Alaska 1997). Counsel for wife, defending a Rule 60(b) decision to set aside a child support order in divorce case.

  • Batey v. Batey, 933 P.2d 551 (Alaska 1997). Counsel for putative wife in property division.

  • Davila v. Davila, 908 P.2d 1025 (Alaska 1995). Counsel for husband challenging award of alimony in divorce case.

  • Staso v. State, 895 P.2d 988 (Alaska 1995). Counsel for claimant challenging denial of peremptory disqualification of judge.

  • U.S. v. Kienenberger, 13 F.3d 1354 (9th Cir. 1994). Counsel for defendant challenging conviction and sentence, and denial of self-representation, in tax evasion case.

  • D.M. v. D.A., 885 P.2d 94 (Alaska 1994). Counsel for same sex domestic partner in property division.

  • J.M.F. v. C.M.H., 881 P.2d 1116 (Alaska 1994). Counsel for parents seeking to defend cultural adoption.

  • Davila v. Davila, 876 P.2d 1089 (Alaska 1994). Counsel for husband challenging valuation of marital property and award of reorientation alimony.

  • Rhodes v. Rhodes, 867 P.2d 802 (Alaska 1994). Counsel for wife defending characterization of property as marital.

  • Faipeas v. Municipality, 860 P.2d 1214 (Alaska 1993). Counsel for citizens challenging legality of municipal ballot initiative.

  • Rich v. Berry, 857 P.2d 341 (Alaska 1993). Counsel for mother challenging conduct of guardian ad litem in custody case.

  • Odum v. UAA, 845 P.2d 432 (Alaska 1993). Counsel for professor challenging denial of tenure.

  • Carvalho v. Carvalho, 838 P.2d 259 (Alaska 1992). Counsel for husband challenging award of child support arrears on due process grounds.

  • Lowdermilk v. Lowdermilk, 825 P.2d 874 (Alaska 1992). Counsel for wife challenging denial of disqualification of husband’s counsel, characterization of property as separate, and reimbursement award to husband.

  • Robison v. Francis, 713 P.2d 259 (Alaska 1986). Counsel for intervenor Union defending local hire law against constitutional challenge.

  • Van Gulik v. RDC, 695 P.2d 1071 (Alaska 1985). Counsel for lottery winner defending prize award.

  • Trustees v. Hanson, 688 P.2d 587 (Alaska 1984). Counsel for trustees of employee benefits trust funds challenging court dismissal of action for collection of unpaid contributions on preemption grounds.

  • UFCW v. D & A, 688 P.2d 165 (Alaska 1984). Counsel for union seeking penalties for unpaid wages from employer on behalf of employee-members.

     

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