Martin v. State

Alaska Supreme Court
Martin v. State, 98 P.3d 206 (Alaska 2004)
2004 Alas. LEXIS 107; 2004 WL 2071084
Bryner, Carpeneti, Eastaugh, Fabe, Matthews

Martin v. State

Opinion of the Court

Order

The court asked the parties for supplemental briefing to discuss the effect on Case No. S-10139 of Doe v. State, Department of Public Safety, 92 P.3d 398 (Alaska 2004). Upon consideration of Martin's 7/8/04 supplemental brief, the state's 6/29/04 notice that it views Doe as dispositive of Martin's case (because Martin's sex offense conviction was set aside in 1988), and the state's notice of 7/9/04,

It Is ORDERED:

1. Opinion No. 1716 issued 01/26/01 by the court of appeals in Case No. A-7089 is hereby VacatEDp.

2. The two judgments of dismissal dated 7/20/98 (one of which may be misdated 7/20/99) entered by the district court in Case Nos. SKN-98-246 and 3KN-98-684, are R-INSTATED.

3. This disposition of Martin's petition in Case No. §-10189 has the effect of mooting the issue, raised in Case No. S-10640, whether the district court had jurisdiction on 5/22/01 to enter new dismissals of the charges against Martin. This makes it unnecessary for this court to consider the question certified to this court on 9/21/01 by the court of appeals in its Opinion No. 1765 in Case Nos. A-8040 and A-8051.

Entered at the direction of the court.

CARPENETI, Justice, not participating.

Reference

Full Case Name
John W. MARTIN, Jr. v. STATE of Alaska, Respondent State of Alaska v. John W. Martin, Jr.
Status
Published