Legal Opinion · Concurrence

Cleveland v. State

Court of Appeals of Alaska

Decided October 29, 2010No. A-10236Published

1ConcurrenceMannheimer, Judge

I write separately because my analysis of this case differs somewhat from the analysis presented in the lead opinion.

The underlying legal issue in this case is how to interpret the wording of AS 12.72.020(2)(8), a statute of limitations that imposes deadlines for filing a petition for post-conviction relief.

With respect to petitions for post-conviction relief that relate to a defendant's underlying criminal conviction, the pertinent portion of AS 12.72.020(a)(8)(A) declares that "if the conviction was appealed, [the petition for post-conviction relief can be filed no later than] one year…

2Cases cited9 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Alaska Placer Company v. LeeAlaska Supreme Court · 1972
  3. McCracken v. DavisAlaska Supreme Court · 1977
  4. Wellmix, Inc. v. City of AnchorageAlaska Supreme Court · 1970
  5. Cleveland v. StateCourt of Appeals of Alaska · 2006

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