The text of this opinion can be corrected before the opinion is published in the
Pacific Reporter. Readers are encouraged to bring typographical or other formal
errors to the attention of the Clerk of the Appellate Courts:
303 K Street, Anchorage, Alaska 99501
Fax: (907) 264-0878
E-mail: corrections @ appellate.courts.state.ak.us
IN THE COURT OF APPEALS OF THE STATE OF ALASKA
) Court of Appeals No. A-9797
) Trial Court No. 3AN-06-7583 Civ
) O P I N I O N
STATE OF ALASKA,
) No. 2129 — December 7, 2007
Appeal from the Superior Court, Third Judicial District,
Anchorage, Mark Rindner, Judge.
Appearances: Eric Holden, in propria persona, Wasilla, for the
Appellant. Douglas H. Kossler, Assistant Attorney General,
Office of Special Prosecutions and Appeals, Anchorage, and
Talis J. Colberg, Attorney General, Juneau, for the Appellee.
Amici Curiae: Joshua P. Fink, Public Advocate, Anchorage;
Margi Mock, Assistant Public Defender, and Quinlan Steiner,
Public Defender, Anchorage.
Before: Coats, Chief Judge, and Mannheimer and Stewart,
The Alaska Legislature has enacted a statute of
AS 12.72.020(a)(3) – (4), that sets time limits for filing a petition for post-conviction
1 See Appellate Rules 507(b) and 512(a)(2)[b].
– 2 –
relief. The legislature has also declared that an indigent defendant who files an untimely
petition for post-conviction relief is not entitled to the assistance of counsel at public
expense. See AS 18.85.100(c).
The question presented to this Court is whether, when an indigent defendant
files a petition for post-conviction relief that appears to be untimely under the rules set
forth in AS 12.72.020, the Alaska Constitution nevertheless guarantees the defendant a
limited right to counsel: the right to have a court-appointed lawyer invest