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STATE v. CARLIN

Nos. S-13385, S-13573.

249 P.3d 752 (2011)

STATE of Alaska, Petitioner, v. John T. CARLIN III, Respondent. Jimmie Dale, Petitioner, v. State of Alaska, Respondent.

Supreme Court of Alaska.

March 25, 2011.

Attorney(s) appearing for the Case

Diane L. Wendlandt , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Daniel S. Sullivan , Attorney General, Juneau, for State of Alaska.

Marjorie Allard , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, as amicus curiae and previous counsel for Respondent Carlin.

Christine S. Schleuss , Law Office of Christine Schleuss, Anchorage, for Petitioner Dale.

Allen M. Bailey , Law Offices of Allen M. Bailey, Anchorage, for Amici Curiae National Crime Victim Law Institute and Alaska Office of Victims' Rights.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

We consolidated these two cases to resolve the following question: What is the effect of the death of a criminal defendant while an appeal is pending? John Carlin III was convicted of first-degree murder. He appealed his conviction to the court of appeals and died before the opening brief was filed. Jimmie Dale was convicted of several crimes arising out of a drunk driving incident. He appealed to the...

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