State v. Bourdon

I write separately to further explain why I conclude that the State's arguments in this appeal have no merit.

The State's first argument is that Bour-don's petition for post-conviction relief was legally deficient-that the petition failed to comply with Alaska Criminal Rule 835.1(d) because Bourdon did not submit an affidavit that "set out separately" all of the "[flacts within [his] personal knowledge".

But as Judge Zervos correctly observed, Bourdon's claim for relief did not rest on facts "within [his] personal knowledge" in the sense that there were facts known to Bour-don that might not…