Fisher v. State

OPINION

ALLARD, Judge.

Daniel Paul Fisher filed a petition for writ of habeas corpus, raising issues that could be pursued in an application for post-conviction relief under Alaska Rule of Criminal Procedure 85.1. The superior court reviewed Fisher's habeas petition and sua sponte dismissed it, instructing Fisher to refile his claim as an application for post-conviction relief. Fisher filed a motion for reconsideration, pointing out that Alaska Rule of Civil Procedure 86(m) requires the court to treat a habeas corpus petition as an application for post-conviction relief if the claims can be…