LOREN J. LARSON JR., Petitioner,
STATE OF ALASKA, Respondent.
Application for Relief from the Superior Court No. 4FA-01-511
CI, Fourth Judicial District, Fairbanks, Niesje J.
J. Larson Jr., in propria persona, Wasilla, for the
A. Ringsmuth, Assistant Attorney General, Office of Criminal
Appeals, Anchorage, and Jahna Lindemuth, Attorney General,
Juneau, for the Appellee.
Before: Mannheimer, Chief Judge, Allard, Judge, and Hanley,
District Court Judge. [*]
case arises from an original application for relief that was
filed last year by Loren J. Larson Jr. In November 2016, this
Court issued an order denying Larson's original
application, and Larson now seeks rehearing of our November
this Court denied Larson's original application for
relief, we did so in an unpublished order. Nevertheless, we
have decided to formally publish our reasons for allowing
Larson to file his petition for rehearing, because our
decision involves an interpretation of Alaska Appellate Rule
404(f) declares that a litigant may not file "a petition
for rehearing of the denial of an original application".
As we explain in this opinion, despite the wording of this
rule, we conclude that Larson is entitled to seek
rehearing of our decision denying his original application
the remainder of our decision on rehearing - i.e.,
our analysis of Larson's specific arguments on rehearing
- will be of little interest to anyone other than Larson and
the State of Alaska, so we will answer Larson's arguments
in an unpublished order.
procedural background of this litigation
year, Loren J. Larson filed the current appellate action - an
original application for relief under Alaska Appellate Rule
404. In this original application, Larson asked this Court to
re-open the proceedings in one of his earlier appeals:
Larson v. State, File No. A-l 1835 - an appeal that
we decided in January 2016.
denied Larson's original application for relief in a
five-page order issued on November 21, 2016. Larson now seeks
rehearing of that November 21st decision.
Larson is entitled to seek rehearing of our decision denying
his original application for relief
right to seek rehearing of our decision is seemingly cast in
doubt by Alaska Appellate Rule 404(f), which declares that
"a petition for rehearing of the denial of ...