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Photo of Alaska Unified

Court

Alaska Unified

Alaska

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Case Information

Filed 2022-01-20
Status Reopened
Type Post Conviction Relief Sup Ct (3 Pa)|Post Conviction Relief (after Felony Or Misdemeanor Conviction And Sentencing In Superior Court)
Docket 81 entries

Parties

Defendant Houser, Earl|State Of Alaska
Photo of Hon. Garton Josie

Judge

Hon. Garton Josie

Aleutians East Borough (AK)

Alaska

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Docket Entries

  1. ase has been referred to PCR Central Calendaring for Processing. All documents must be filed with the central calendaring judge.
  2. omplaint for Writ of Habeas Corpus
  3. otion for Expedited Consideration of Timely Filed Notice of Change of Judge Under Civil Rule 42(c) (ppk) Attorney: Self-Represented (0100001) Filing Party: McDermott, Daniel Josef Case Motion #1
  4. imely Filed Notice of Change of Judge Under Civil Rule 42(c) (ppk) Daniel Josef McDermott (Plaintiff);
  5. otion for Expedited Consideration of Notice to Court that Petitioner Notified All Parties of Judicial Assignment and is Requesting Further Guidance From an Attorney Appinted by this Court (ppk) Attorney: Self-Represented (0100001) Filing Party: McDermott, Daniel Josef Case Motion #2
  6. otice to Court that Petitioner Notified All Parties of Judicial Assignment and is Requesting Further Guidance From an Attorney Appinted by this Court (ppk) Daniel Josef McDermott (Plaintiff);
  7. eremptory Disqualification by Plaintiff/Petitioner
  8. ttorney Information Attorney District Attorney (3PA) representing Defendant Houser, Earl as of 02/08/2022
  9. otion Deemed Moot / McDermott, Daniel Josef Case Motion #1 / Motion for Expedited Consideration of Timely Filed Notice of Change of Judge Under Civil Rule 42(c)
  10. otion for Appointment of Counsel (Ex Parte) Attorney: Self-Represented (0100001) Filing Party: McDermott, Daniel Josef Case Motion #3
  11. ase Type Changed to Post-Conviction Relief
  12. rder: Case Motion #2: Motion for Expedited Consideration of Notice to Court that Petitioner Notified All Parties of Judicial Assignment and is Requesting Further Guidance From an Attorney Appinted by this Court (ppk)
  13. rder on Motion for Appointment of Counsel Case Motion #3: Motion for Appointment of Counsel (Ex Parte)
  14. ttorney Information Attorney Mooney-Myers, Thomas representing State of Alaska as of 03/03/2022
  15. ubstitution Of Counsel Thomas Mooney-Myers (Attorney) on behalf of State of Alaska (Defendant)
  16. otion to Amend Caption and Request for Clarification (PPK only) Attorney: Mooney-Myers, Thomas (NA19619) Filing Party: State of Alaska Case Motion #4
  17. esponding to Attorney General's Motion to Amend and Request for Clarification (PPK only) Daniel Josef McDermott (Plaintiff); Case Motion #4: Motion to Amend Caption and Request for Clarification (PPK only)
  18. nswer (PPK only) Thomas Mooney-Myers (Attorney) on behalf of State of Alaska (Defendant)
  19. ontroverting Answer (PPK only) Daniel Josef McDermott (Plaintiff);
  20. irst Amended Answer (Pwk only) Thomas Mooney-Myers (Attorney) on behalf of State of Alaska (Defendant)
  21. ttorney Information Attorney Charles, Nathan M F representing Plaintiff McDermott, Daniel Josef as of 03/29/2022
  22. mended Order Appointing Counsel
  23. rder Granting Motion Case Motion #4 Motion to Amend Caption and Request for Clarification (PPK only)
  24. ivil Deficiency Memo mailed re: TO: THOMAS MOONEY-MYERS The following documents are being returned to you. RE: First Amended Answer ACTION NEEDED TO CORRECT FILING You have recently submitted documents related to the above case. These documents are either incomplete or do not follow correct procedures. Please do the following: You filed your amended answer after a responsive pleading was filed to your original answer, therefore, you must request leave from the judge to amend your answer. Civil Rule 15(a). Civil Deficiency Memo (1/22) Sent on: 04/14/2022 10:03:47.16
  25. Day Notice to Appointed Counsel Re: Post-Conviction Relief Application and Appointment Notice to Appointed Counsel (11/21) Sent on: 04/14/2022 14:03:10.44
  26. otion for Extension of Time (PPK only) Attorney: Charles, Nathan M F (2009080) Filing Party: McDermott, Daniel Josef Case Motion #5
  27. otion to Amend Answer (PPK only) Attorney: Mooney-Myers, Thomas (NA19619) Thomas Mooney-Myers (Attorney) on behalf of State of Alaska (Respondent) Filing Party: State of Alaska Case Motion #6
  28. irst Amended Answer (LODGED - Granted to Amend 5/24/22) Thomas Mooney-Myers (Attorney) on behalf of State of Alaska (Respondent)
  29. ivil Deficiency Memo mailed re: TO: NATHAN M F CHARLES Re: Motion for Extension of Time ACTION NEEDED TO CORRECT FILING You have recently submitted documents related to the above case. These documents are either incomplete or do not follow correct procedures. Please do the following: You must give the other side in the case copies of every document you file in court. This is called service. You must fill out the certificate of service section at the end of the form or file a separate certificate of service form listing: the documents served, who you served, when you did service, and how you provided copies to the other side in the case. You may use the court's Certificate of Service (form TF-700), available at: https://public.courts.alaska.gov/web/forms/docs/tf-700.pdf. Serve by first-class mail or hand-delivery unless otherwise ordered by the court. Or, if the other side agreed to service by fax or e-mail by checking that option in the person's initial filing (or by filing a separate notice of consent), then you may serve by that method instead. Civil Rules 5(f) and 5.1(c)(3). You did not file a proposed order with your request, motion, or opposition. You must file a proposed order, provide the other side in the case with a copy, and file a certificate of service showing when and how you served the other side. You can use the court's Certificate of Service (form TF-700), available at: https://public.courts.alaska.gov/web/forms/docs/tf-700.pdf. Civil Rule 77. Civil Deficiency Memo (1/22) Sent on: 04/28/2022 16:03:54.77
  30. rder Granting Motion to Amend Answer Case Motion #6: Motion to Amend Answer (PPK only)
  31. otion to Withdraw (PPK only) Attorney: Charles, Nathan M F (2009080) Nathan M F Charles (Attorney) on behalf of Daniel Josef McDermott (Applicant) Filing Party: McDermott, Daniel Josef Case Motion #7
  32. rder Granting Motion to Withdraw Case Motion #7: Motion to Withdraw (PPK only)
  33. ttorney Information Attorney Charles, Nathan M F withdrawn for Applicant McDermott, Daniel Josef on 07/18/2022 Nathan M F Charles (Attorney) on behalf of Daniel Josef McDermott (Applicant)
  34. eason for Returned Mail: Not Deliverable as Addressed (PPK only) Date Returned Documents Were Distributed: 7/18/22 Type of Document(s) Distributed and Returned Unserved: Order on Motion to Withdraw Daniel Josef McDermott (Applicant);
  35. ttorney Information Attorney Hayes, Joseph Matthew representing Applicant McDermott, Daniel Josef as of 08/22/2022 Daniel Josef McDermott (Applicant);
  36. rder Appointing Counsel Daniel Josef McDermott (Applicant);
  37. otion for Extension of Time Attorney: Hayes, Joseph Matthew (1211097) Filing Party: McDermott, Daniel Josef Case Motion #8
  38. mended Certificate of Service Case Motion #8: Motion for Extension of Time
  39. otice of Non-Opposition to Motion for Extension of Time Thomas Mooney-Myers (Attorney) on behalf of State of Alaska (Respondent) Case Motion #8: Motion for Extension of Time
  40. ivil Deficiency Memo mailed re: TO: DANIEL JOSEF MCDERMOTT The following documents are being returned to you. Request to Consult with New Attorney ACTION NEEDED TO CORRECT FILING You have recently submitted documents related to the above case. These documents are either incomplete or do not follow correct procedures. Please do the following: 1 You have an attorney representing you, so the attorney must file all documents in your case, unless the court allows the attorney to withdraw. Civil Rule 81. A copy of this deficiency and your letter will be sent to your attorney. Civil Deficiency Memo (1/22) Sent on: 11/02/2022 09:51:38.33
  41. rder Granting Motion for Extension of Time Case Motion #8 Motion for Extension of Time
  42. rder Granting Motion for Extension of Time Case Motion #5 Motion for Extension of Time (PPK only)
  43. nopposed Second Motion for Extension of Time (Pkw only) Attorney: Hayes, Joseph Matthew (1211097) Filing Party: McDermott, Daniel Josef Case Motion #9
  44. nopposed Third Motion for Extension of Time (PPK only) Attorney: Hayes, Joseph Matthew (1211097) Filing Party: McDermott, Daniel Josef Case Motion #10
  45. rder Granting Unopposed Second Motion for Extension of Time Case Motion #9 Unopposed Second Motion for Extension of Time (Pkw only)
  46. rder Granting Unopposed Third Motion for Extension of Time Case Motion #10 Unopposed Third Motion for Extension of Time (PPK only)
  47. nopposed Fourth Motion for Extension of Time (PPK only) Attorney: Hayes, Joseph Matthew (1211097) Filing Party: McDermott, Daniel Josef Case Motion #11
  48. ivil Deficiency Memo mailed re: TO: DANIEL JOSEF MCDERMOTT The following documents are being returned to you. Expedited Notice of Dismissal ACTION NEEDED TO CORRECT FILING You have recently submitted documents related to the above case. These documents are either incomplete or do not follow correct procedures. Please do the following: You have an attorney representing you, so the attorney must file all documents in your case, unless the court allows the attorney to withdraw. Civil Rule 81. I've included a copy of your notice to your attorney. Civil Deficiency Memo (1/22) Sent on: 01/05/2023 10:38:55.87
  49. rder Granting Unopposed Fourth Motion for Extension of Time Case Motion #11 Unopposed Fourth Motion for Extension of Time (PPK only)
  50. equest for Leave to Withdraw Post-Conviction Application Attorney: Hayes, Joseph Matthew (1211097) Filing Party: McDermott, Daniel Josef Case Motion #12
  51. otice of Non-Opposition to Motion to Withdraw PCR Thomas Mooney-Myers (Attorney) on behalf of State of Alaska (Respondent) Case Motion #12: Request for Leave to Withdraw Post-Conviction Application
  52. rder Granting Request for Leave to Withdraw Post-Conviction Application Case Motion #12 Request for Leave to Withdraw Post-Conviction Application
  53. ismissed or Withdrawn by Applicant
  54. ivil Deficiency Memo mailed re: TO: DANIEL JOSEF MCDERMOTT The following documents are being returned to you. Re: Omnibus Motion to Reopen Case ACTION NEEDED TO CORRECT FILING You have recently submitted documents related to the above case. These documents are either incomplete or do not follow correct procedures. Please do the following: Pursuant to Civil Rule 81, a party who has appeared through an attorney may not thereafter appear or act in the party's own behalf until the attorney has been withdrawn from the case. Please contact your attorney for information on how a party may represent themselves. Civil Deficiency Memo (1/22) Sent on: 06/09/2023 11:18:49.48
  55. ttorney Information Attorney Kamm, Marilyn J. representing Applicant McDermott, Daniel Josef as of 10/06/2023
  56. ttorney Information Attorney Hayes, Joseph Matthew dismissed/withdrawn for Applicant McDermott, Daniel Josef on 10/06/2023
  57. ntry of Appearance (PPK only) Marilyn J. Kamm (Attorney) on behalf of Daniel Josef McDermott (Applicant)
  58. nopposed Motion to Reopen PCR (PPK only) Attorney: Kamm, Marilyn J. (7911105) Filing Party: McDermott, Daniel Josef Case Motion #13
  59. rder Granting Unopposed Motion to Reopen PCR Case Motion #13 Unopposed Motion to Reopen PCR (PPK only)
  60. otion to Bifurcate Litigation to Resolve Timeliness Attorney: Kamm, Marilyn J. (7911105) Filing Party: McDermott, Daniel Josef Case Motion #15
  61. equest and Order for Central Calendaring (Post-Conviction Relief). Attorney: Kamm, Marilyn J. (7911105) Filing Party: McDermott, Daniel Josef Filing Party: McDermott, Daniel Josef Case Motion #14
  62. rder Granting Motion McDermott, Daniel Josef Case Motion #14 Request and Order for Central Calendaring (Post-Conviction Relief).
  63. dministrative Judicial Reassignment to PCR CC judge, Kevin M. Saxby
  64. rder placing case on Pending Central PCR Calendaring list.
  65. otice and Order: Central Calendaring (Post-Conviction Relief).
  66. tipulation for Substitution of Counsel Attorney: Kamm, Marilyn J. (7911105) Filing Party: McDermott, Daniel Josef Case Motion #16
  67. uperseding Entry of Appearance Attorney: Rowe, Megan M (1505031) Daniel Josef McDermott (Applicant);
  68. ttorney Information Attorney Rowe, Megan M representing Applicant McDermott, Daniel Josef as of 02/24/2024
  69. ttorney Information Attorney Kamm, Marilyn J. dismissed/withdrawn for Applicant McDermott, Daniel Josef on 02/24/2024
  70. otice of Withdrawal of Stipulation for Substitution of Counsel Attorney: Kamm, Marilyn J. (7911105)
  71. otice of Substitution Of Counsel Attorney: Johansen, Lauren Grace (1411099)
  72. ttorney Information Attorney Johansen, Lauren Grace representing Respondent State of Alaska as of 04/05/2024
  73. ttorney Information Attorney Mooney-Myers, Thomas dismissed/withdrawn for Respondent State of Alaska on 04/05/2024
  74. ttorney Information Attorney Attorney General's Office 3PA (CINA) representing Respondent State of Alaska as of 04/05/2024
  75. rder Granting Motion McDermott, Daniel Josef Case Motion #16 Stipulation for Substitution of Counsel
  76. otion for Reconsideration Attorney: Kamm, Marilyn J. (7911105) Filing Party: McDermott, Daniel Josef Case Motion #17
  77. rder Granting Motion McDermott, Daniel Josef Case Motion #17 Motion for Reconsideration
  78. ttorney Information Attorney Rowe, Megan M dismissed/withdrawn for Applicant McDermott, Daniel Josef on 05/14/2024
  79. ttorney Information Attorney Attorney General's Office - CSSD representing Respondent State of Alaska as of 06/03/2024
  80. dministrative Reassignment from Judge Kevin M Saxby to Judge Josie Garton
  81. rder Staying Case Case Motion #15: Motion to Bifurcate Litigation to Resolve Timeliness

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