Opinion
Court of Appeals No. A-12500 No. 6446
04-05-2017
SIDNEY R. HERTZ, Appellant, v. STATE OF ALASKA, Appellee.
Appearances: Sidney R. Hertz, pro se, Salem, Oregon. Michal Stryszak, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee.
NOTICE Memorandum decisions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited as binding authority for any proposition of law. Trial Court No. 3AN-15-8996 CI
MEMORANDUM OPINION
Appeal from the Superior Court, Third Judicial District, Anchorage, Mark Rindner, Judge. Appearances: Sidney R. Hertz, pro se, Salem, Oregon. Michal Stryszak, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for the Appellee. Before: Allard, Judge, and Coats, Senior Judge. PER CURIAM.
Sitting by assignment made pursuant to Article IV, Section 11 of the Alaska Constitution and Administrative Rule 23(a).
Sidney R. Hertz was convicted of second-degree murder in 1984. Hertz's conviction was affirmed on direct appeal in 1986. Since that time, Hertz has filed multiple applications for post-conviction relief, seeking to collaterally challenge his conviction.
Hertz v. State, 1986 WL 1161056, at *1 (Alaska App. Sept. 10, 1986) (unpublished).
See, e.g., Hertz v. State, 2015 WL 3648553 (Alaska App. June 10, 2015) (unpublished); Hertz v. State, 2012 WL 880619 (Alaska App. Mar. 14, 2012) (unpublished); Hertz v. State, 2009 WL 792779 (Alaska App. Mar. 25, 2009) (unpublished); Hertz v. State, 2004 WL 902158 (Alaska App. Apr. 28, 2004) (unpublished); Hertz v. State, 2003 WL 294408 (Alaska App. Feb. 12, 2003) (unpublished); Hertz v. State, 2002 WL 1333029 (Alaska App. June 19, 2002) (unpublished); Hertz v. State, 2001 WL 1518771 (Alaska App. Nov. 28, 2001) (unpublished); Hertz v. State, 1998 WL 557611 (Alaska App. Sept. 2, 1998) (unpublished); Hertz v. State, 1995 WL 17220322 (Alaska App. Jan. 11, 1995) (unpublished); Hertz v. State, 1992 WL 12152855 (Alaska App. Feb. 19, 1992) (unpublished).
This appeal involves Hertz's most recent application for post-conviction relief, which was dismissed as untimely and successive by the superior court. We have reviewed the pleadings in this case and the parties' briefs and we agree with the superior court that Hertz's most recent application for post-conviction relief is procedurally barred. We also agree with the superior court that Hertz was not entitled to the assistance of publicly appointed counsel to assist him in this procedurally barred application for post-conviction relief.
See AS 12.72.020(a)(3) & (a)(6).
See AS 18.85.100(c)(1). --------
Accordingly, we AFFIRM the judgment of the superior court.