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Appeals

After a trial, a decision is made or a verdict is rendered. If you feel that this decision is unjust and incorrect, you can appeal the decision to a higher court for further review.  If you want to file an appeal of a decision, please contact us as soon as possible because the time limits for filing are very short.  The firm handles appeals in all areas, including criminal, domestic relations, Social Security, and civil rights.

Allison Mendel has more than twenty-five years experience in representing clients before appellate courts on a wide range of issues in many different substantive areas of the law.  The summary below of pending and published decisions illustrates the range and breadth of the firm's appellate experience.

Pending decisions

Cartee v. Cartee, Case No. S-13319, Alaska Supreme Court. Challenging a divorce case property division.

Collier v. Harris, Case No. S-13496, Alaska Supreme Court. Challenging the denial of a hearing on custody issues and attorney fee award.

Colton v. Colton, Case No. S-13188, Alaska Supreme Court. Challenging a divorce case property settlement.

Foster v. Professional Guardianship Services Corp., Case No. S-13569. Counsel for personal representative of the deceased, challenging a final accounting of services for conservatorship estate.

Hiler v. Astrue, 3:09-cv-206, Federal District Court. Challenging denial of social security disability benefits.

Million v. Astrue, 3:09-v-205, Federal District Court. Challenging denial of social security disability benefits.

Osterkamp v. Stiles, Case No. 13297/13317, Alaska Supreme Court. Counsel for psychological parent of child challenging a denial of custody and visitation.

Osterkamp v. Stiles, Case No. 13497, Alaska Supreme Court. Challenge to denial of petition for adoption.

Schofield v. City of St. Paul, S-13461, Alaska Supreme Court. Counsel for former employee appealing jury verdict that he was not constructively terminated.

Tapia v. Astrue, 3:09-cv-00110, Federal District Court. Challenging denial of social security disability benefits.

United States v. Brown, Case No. 09-30008, Court of Appeals Ninth Circuit. Counsel for defendant in a sentencing appeal.

United States v. Hunt, Case No. 09-030334, Court of Appeals Ninth Circuit. Counsel for defendant in a sentencing appeal.

United States v. Lee, Case No. 09-30225, Court of Appeals Ninth Circuit. Counsel for defendant in an appeal of his conviction and sentence.

United States v. Roe, Case No. 09-30038, Court of Appeals Ninth Circuit. Counsel for defendant in a sentencing appeal.

United States v. Saelee, Case No. 08-30331, Court of Appeals Ninth Circuit. Counsel for defendant in sentencing appeal.

United States v. Seludo, Case No. 09-030402, Court of Appeals Ninth Circuit. Counsel for defendant in appeal of his sentence and conviction.

Wells v. Astrue, 3:09-cv-00028, Federal District Court. Challenging denial of social security disability benefits.

Warren v. Astrue, 3:09-cv-174, Federal District Court. Challenging denial of social security disability benefits.

Published decisions

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.

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.

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.