McLaughlin v. State

The question presented in this appeal is whether a criminal defendant can employ Alaska Civil Rule 60(b) to cireumvent the limitation periods specified in AS 12.72.020 for initiating a petition for post-conviction relief. I agree with my colleagues that Civil Rule 60(b) can not be employed in this manner, but I reach that conclusion for slightly different reasons.

The first underlying question in this case is whether Civil Rule 60(b) provides a method for attacking criminal judgements as well as civil judgements. We noted, but did not resolve, this issue in Wilson v. State, Alaska App.…