Pointer v. State, 020520 AKCA, A-12651

Docket Nº:A-12651
Opinion Judge:MANNHEIMERM JUDGE.
Party Name:EDRICK C. POINTER, Appellant, v. STATE OF ALASKA, Appellee.
Attorney:Paul E. Malin, under contract with the Public Defender Agency, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant. Diane L. Wendlandt, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.
Judge Panel:Before: Allard, Chief Judge, Harbison, Judge, andMannheimer, Senior Judge.
Case Date:February 05, 2020
Court:Court of Appeals of Alaska
 
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EDRICK C. POINTER, Appellant,

v.

STATE OF ALASKA, Appellee.

No. A-12651

Court of Appeals of Alaska

February 5, 2020

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the Superior Court Trial Court No. 3AN-14-10554 CI, Third Judicial District, Anchorage, Michael D. Corey, Judge.

Paul E. Malin, under contract with the Public Defender Agency, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Diane L. Wendlandt, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.

Before: Allard, Chief Judge, Harbison, Judge, andMannheimer, Senior Judge. [*]

MEMORANDUM OPINION

MANNHEIMERM JUDGE.

Edrick C. Pointer appeals the superior court's dismissal of his petition for post-conviction relief. The superior court dismissed Pointer's petition after ruling that it was untimely.

Pointer was convicted of first-degree sexual assault, and this Court affirmed his conviction on appeal.1 Pointer then petitioned the Alaska Supreme Court to review this Court's decision, but the supreme court denied Pointer's petition on December 14, 2010.

Under the provisions of AS 12.72.020(a)(3)(A), if Pointer wished to petition the superior court for post-conviction relief, his deadline for filing the petition was December 15, 2011. Pointer submitted a petition for post-conviction relief to the superior court in October 2011 (i. e., several weeks before the statutory deadline expired), but Pointer's petition was missing a key component.

At all relevant times, Pointer was a prisoner in the custody of the Alaska Department of Corrections. Because of this, when Pointer submitted his petition for post-conviction relief, he was required to either (1) pay the full normal filing fee for petitions to the superior court, or (2) expressly seek a reduction of the filing fee, and include the financial documentation that would allow the superior court to calculate Pointer's mandatory minimum filing fee under AS 09.19.010(d). When Pointer submitted his petition for post-conviction relief in October 2011, he failed to include the financial documentation that would allow the superior court to calculate the mandatory minimum filing fee.

Because of this, and because of other deficiencies in Pointer's petition, the superior court clerk's office refused to accept Pointer's petition for filing. Instead, on October 21, 2011, the clerk's office returned the...

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