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DAYTON v. STATE

No. A-9422.

198 P.3d 1189 (2009)

Andrew J. DAYTON, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 16, 2009.

Attorney(s) appearing for the Case

Daniel Lowery, Assistant Public Defender, and Quinlan Steiner, Public Defender, 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, MANNHEIMER, Judge, and STEWART, Senior Court of Appeals Judge.

OPINION

MANNHEIMER, Judge.

This case requires us to clarify the limits on a judge's discretion to dismiss litigation when the plaintiff fails to adhere to pleading deadlines. As we explain in more detail below, the superior court struck Dayton's amended petition for post-conviction relief, and then dismissed his underlying lawsuit for post-conviction relief, because the amended petition was filed almost six months after the deadline set by the court...

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