Amending Criminal Rule 35.1, 1625

Full title: Amending Criminal Rule 35.1 concerning post conviction relief

Court: Supreme Court of Alaska

Date published: Apr 16, 2007

Order No. 1625 (Alaska Apr. 16, 2007)

Opinion

Order No. 1625.

Dated: September 14, 2006.

Effective Date: April 16, 2007.

IT IS ORDERED:

Criminal Rule 35.1 is amended to read as follows:

Rule 35.1. Post-Conviction Procedure.

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(e) Indigent Applicant. (1) If the applicant is indigent, filing fees shall be paid under the provisions of AS 09.19 and counsel shall be appointed consistent with AS 18.85.100 to assist the applicant.

(2) Within 60 days of an attorney's court appointment on behalf of an indigent applicant, under (e)(1) of this rule, counsel the attorney shall file with the court and serve on the prosecuting attorney

(A) an amended application or a notice that counsel a statement that the litigation will proceed on the grounds claimsalleged in the application filed by the applicant; or

(B) an amended application for post-conviction relief; or

(C B) a certificate that the attorney counsel

(i) does not have a conflict of interest;

(ii) has completed a review of reviewed the facts and law in of the underlying proceeding or action challenged in the application, and the pertinent law;

(iii) has consulted with the applicant and, if appropriate, with trial counsel; and

(iv) has determined that the claims presented in the application have no arguable merit and application does not allege a colorable claim for relief that the applicant has no other colorable claims for post-conviction relief.

(3) The certificate described in subparagraph (e)(2)(C) shall include a full description of

(A) the claims the attorney has considered;

(B) the materials the attorney has reviewed;

(C) the investigations the attorney has conducted; and

(D) the reasons why the attorney has concluded that all of the applicant's potential claims have no arguable merit.

/s/____________________________ Chief Justice Fabe

/s/____________________________ Justice Matthews

/s/____________________________ Justice Eastaugh

/s/____________________________ Justice Bryner

/s/____________________________ Justice Carpeneti