McMullen v. State

Judge WOLLENBERG.

Daniel Matthew McMullen appeals the denial of his judicial peremptory challenge. Under Alaska Criminal Rule 25(d), the prosecution and the defense in a criminal case are each entitled to one change of judge as a matter of right. In this case, the court denied McMullen's challenge of District Court Judge John W. Wolfe on the ground that McMullen had previously exercised a peremptory challenge against a different judge, Superior Court Judge Kari Kristiansen.

On appeal, McMullen argues that his prior peremptory challenge never took effect because, two days after he challenged…