12.07.2015 Views

112706-Motion for reconsideration - Alaska State of Corruption

112706-Motion for reconsideration - Alaska State of Corruption

112706-Motion for reconsideration - Alaska State of Corruption

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

civil law. 7Rom uses this fiction to advance the theory that theevidence gathered during a post-conviction relief procedurewould not be allowed in Haeg's appeal – and thus his appealshould not be stayed pending a post-conviction relief procedure.Yet this is the exact reasoning <strong>for</strong> the vast majority <strong>of</strong> courtsto require post conviction relief – so an appeal without anadequate record may move <strong>for</strong>ward after the record issupplemented through a post-conviction relief procedure. Romcites Appellate Rule 210 in support. Rom again is mistaken -Appellate Rule 217 governs appeals from district court. Rule217(c) states: "the record on appeal shall consist <strong>of</strong> the entiredistrict court file, together with recordings <strong>of</strong> the parts <strong>of</strong>the electronic record designated by the parties." In otherwords, all Haeg's post conviction procedures, as by rule theywill be conducted, recorded, and filed in the district court,will be admissible on appeal.Rom again uses the perjury that Appellate Rule 210 governsto argue that <strong>of</strong>ficial proceedings be<strong>for</strong>e the <strong>Alaska</strong> BarAssociation, district court representation hearing, and <strong>Alaska</strong>Commission on Judicial Conduct are "excluded by this rule." AsHaeg already explained Rule 217 governs and allows the addition<strong>of</strong> these proceedings by stating, "Unless otherwise ordered bythe court <strong>of</strong> appeals, the record on appeal shall consist <strong>of</strong> theentire district court file..." Also, Haeg again maintains it is7 See Rule 35.1. Post-Conviction Procedure. (a) Scope. A person who has been convicted <strong>of</strong> or sentenced <strong>for</strong> acrime may institute a proceeding <strong>for</strong> post- conviction relief under AS 12.72.010 - 12.72.040 if the person claims:<strong>Motion</strong> <strong>for</strong> Reconsideration Page 36 <strong>of</strong> 47

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!