O'Dell v. State

OPINION

Judge MAN NHEIMER

Alaska Criminal Rule 58 grants broad authority to trial court judges to relax the other Rules of Criminal Procedure; Rule 53 declares that the criminal rules "may be re-lazed or dispensed with by the court in any case where it shall be manifest to the court that a strict adherence to them will work injustice." The question presented in this appeal is whether a trial court can employ Criminal Rule 53 to relax the 90-day filing deadline specified in Criminal Rule 82.6(c)(2) for restitution requests that are to be litigated after the defendant's sentencing.

The defendant…