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IN THE COURT OF APPEALS OF THE STATE OF ALASKA
) Court of Appeals No. A-9332
) Trial Court No. 3PA-04-1675 Civ
) O P I N I O N
STATE OF ALASKA,
) No. 2134 — December 21, 2007
Appeal from the Superior Court, Third Judicial District, Palmer,
Eric Smith, Judge.
Appearances: David E. George, Anchorage, for the Appellant.
Nancy R. Simel, Assistant Attorney General, Office of Special
Prosecutions and Appeals, Anchorage, and Talis J. Colberg,
Attorney General, Juneau, for the Appellee.
Before: Coats, Chief Judge, and Mannheimer and Stewart,
Jeffrey Kolody was charged with several counts of controlled substance
misconduct. On December 9, 2004, while these charges were pending, Kolody filed a
petition for writ of habeas corpus. In this petition, Kolody contended that he was entitled
to immediate release, and to dismissal of the charges against him, because his court-
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appointed attorney had neglected his case and had failed to give him competent
Superior Court Judge Eric Smith denied Kolody’s petition. Judge Smith
noted that Kolody could pursue his complaints about his attorney by filing a motion or
by otherwise seeking relief in his underlying (and still pending) criminal case.
Accordingly, Judge Smith concluded that Kolody was not entitled to raise these
complaints in a petition for writ of habeas corpus — because Alaska Civil Rule 86(n)
declares that the writ of habeas corpus can not be used as “a substitute for ...