LABRAKE v. STATE

No. A-9189.

152 P.3d 474 (2007)

Timothy Jude LABRAKE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

February 2, 2007.


Attorney(s) appearing for the Case

Marcia E. Holland, Assistant Public Defender, Fairbanks, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Diane L. Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for the Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.


OPINION

MANNHEIMER, Judge.

Timothy Jude LaBrake appeals the superior court's dismissal of his petition for post-conviction relief. For the reasons explained here, with one exception, we agree with the superior court that LaBrake failed to present a prima facie case for post-conviction relief — and we therefore affirm the superior court's dismissal of LaBrake's petition in all respects but one. The one exception is that, for the reasons explained...

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