No. A-10241.

199 P.3d 1216 (2009)

STATE of Alaska, Petitioner, v. Brian GALBRAITH, Respondent.

Court of Appeals of Alaska.

January 16, 2009.

Attorney(s) appearing for the Case

Corinne Vorenkamp, Assistant District Attorney, Fairbanks, and Talis J. Colberg, Attorney General, Juneau, for Petitioner.

Renee McFarland, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for Respondent.

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


BOLGER, Judge.

Superior Court Judge Robert B. Downes dismissed an indictment against Brian Galbraith because the judge found that Galbraith was incompetent to stand trial and that he would not recover his competency within a reasonable time. The State then secured a second indictment with identical charges, filed it as a new case, and then filed a peremptory challenge against Judge Downes.

Presiding Judge Douglas Blankenship then issued...

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