Legal Opinion
Black v. State
Court of Appeals of Alaska
Decided August 29, 2003No. A-8613PublishedCited by 1 opinion
1Opinion of the Court
OPINION
COATS, Chief Judge.
Herman J. Black is charged with driving under the influence of an alcoholic beverage. 1 Prior to trial, he attempted to peremptorily challenge District Court Judge Joel Bolger. 2 Judge Bolger denied the challenge, finding that it was untimely. Black appeals, claiming that his challenge was timely because he placed it in the mail within the five-day period set out in Criminal Rule 25(d)(2). 3 We agree with Judge Bolger that a challenge is not filed when it is mailed but only when it is received. We therefore affirm his decision that the challenge was untimely.
Black…
2Cases cited5 opinions
- Benjamin Parker Blades v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- Wirtz v. Local Union 169, International Hod Carriers', Building & Common Laborers' Union of America, AFL-CIODistrict Court, D. Nevada · 1965
- Silides v. ThomasAlaska Supreme Court · 1977
- Riley v. StateAlaska Supreme Court · 1980
- Washington v. StateCourt of Appeals of Alaska · 1988