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Photo of Alaska Unified

Court

Alaska Unified

Alaska

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Case Information

Filed 2022-04-25
Status Reopened
Type Post Conviction Relief Sup Ct (3 Pa)|Post Conviction Relief (after Felony Or Misdemeanor Conviction And Sentencing In Superior Court)
Docket 79 entries

Parties

Defendant Houser, Earl|State Of Alaska Department Of Corrections|State Of Alaska
Photo of Hon. Woodman Jonathan A

Judge

Hon. Woodman Jonathan A

Anchorage Borough (AK)

Alaska

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Docket Entries

  1. Order Denying Motion To Dismiss Applicstion For PCR For Failure Make Out A Prima Facia Case For Relief Case Motion #12 Motion To Dismiss Applicstion For PCR For Failure Make Out A Prima Facia Case For Relief
  2. Initial Judicial Assignment: Honorable Kristen Stohler
  3. Complaint for Writ of Habeas Corpus Receipt: 1968564 Date: 05/23/2022
  4. Financial Statement - CONFIDENTIAL DOCUMENT Access to confidential documents limited to (1) Parties to Action, (2) Counsel of Record, and (3) Court Personnel. Administrative Bulletin No. 48, Standard 7 Daniel Josef Mcdermott (Plaintiff);
  5. Self-Certification (No Notary Available - no motion link) Daniel Josef Mcdermott (Plaintiff);
  6. Administrative Judicial Reassignment
  7. Motion for Expedited Consideration of Notice to Court That Additional Documents Are A Part Of Complaint / Petition /Charging Document: Requesting Help with Service Attorney: Self-Represented (0100001) Filing Party: Mcdermott, Daniel Josef Case Motion #1
  8. Notice to Court That Additional Documents Are A Part Of Complaint / Petition /Charging Document: Requesting Help with Service Attorney: Self-Represented (0100001) Filing Party: Mcdermott, Daniel Josef Case Motion #2
  9. Letter or Other Correspondence Daniel Josef Mcdermott (Plaintiff);
  10. Motion for Expedited Consideration of Second Notice to Court : Addendums Supporting Habeas Petition (ppk) Attorney: Self-Represented (0100001) Filing Party: Mcdermott, Daniel Josef Case Motion #4
  11. Second Notice to Court : Addendums Supporting Habeas Petition (ppk) Attorney: Self-Represented (0100001) Filing Party: Mcdermott, Daniel Josef Case Motion #5
  12. Order Granting Motion Case Motion #3 Prisoner Request for Filing Fee Exemption
  13. Addendum Supporting Habeas Petition: Unconstitutional Suspension of Court Rules (PPK only) Daniel Josef Mcdermott (Plaintiff);
  14. Notice to Court: Payment of Filing Fee (PPK only) Daniel Josef Mcdermott (Plaintiff);
  15. Request for Equittable Tolling: Notice of Change of Judge (PPK only) Attorney: Self-Represented (0100001) Filing Party: Mcdermott, Daniel Josef Case Motion #6
  16. Order Denying Notice of Change of Judge Case Motion #6 Request for Equittable Tolling: Notice of Change of Judge (PPK only)
  17. Motion Motion for Expedited Consideration of Notice to Court That Additional Documents Are A Part Of Complaint / Petition /Charging Document: Requesting Help with Service Deemed Moot Case Motion #1 Motion for Expedited Consideration of Notice to Court That Additional Documents Are A Part Of Complaint / Petition /Charging Document: Requesting Help with Service
  18. Notice to Court That Additional Documents Are A Part Of Complaint / Petition /Charging Document: Requesting Help with Service Deemed Moot Case Motion #2 Notice to Court That Additional Documents Are A Part Of Complaint / Petition /Charging Document: Requesting Help with Service
  19. Motion for Expedited Consideration of Second Notice to Court : Addendums Supporting Habeas Petition Deemed Moot Case Motion #4 Motion for Expedited Consideration of Second Notice to Court : Addendums Supporting Habeas Petition (ppk)
  20. Second Notice to Court : Addendums Supporting Habeas Petition Deemed Moot Case Motion #5 Second Notice to Court : Addendums Supporting Habeas Petition (ppk)
  21. Order Dismissing Petition for Writ of Habeus Corpus Under Civil Rule 86
  22. Case Dismissed. Case Closed.
  23. Motion to Proceed Under Civil Rule 86(m) (PPK only) Attorney: Self-Represented (0100001) Filing Party: Mcdermott, Daniel Josef Case Motion #7
  24. Adding Postrial Claims Under AS 12.72 Daniel Josef Mcdermott (Plaintiff);
  25. Attorney Information Attorney Public Defender Agency (3PA-CI) representing Plaintiff Mcdermott, Daniel Josef as of 11/29/2022 Daniel Josef Mcdermott (Plaintiff);
  26. Order RE Appointment of Counsel
  27. Civil 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 10:27:05.13
  28. Order for Status Update
  29. Attorney Information Attorney Public Defender Agency (3AN-PCR Anchorage) representing Plaintiff Mcdermott, Daniel Josef as of 01/09/2023
  30. Attorney Information Attorney Merritt, Douglas Wayne representing Plaintiff Mcdermott, Daniel Josef as of 01/09/2023
  31. Attorney Information Attorney Public Defender Agency (3PA-CI) dismissed/withdrawn for Mcdermott, Daniel Josef on 01/09/2023
  32. Motion to Dismiss Application Attorney: Merritt, Douglas Wayne (2111098) Filing Party: Mcdermott, Daniel Josef Case Motion #8
  33. Order Granting Motion to Dismiss Application Case Motion #8 Motion to Dismiss Application
  34. Motion to Proceed Under Civil Rule 86(m) Deemed Moot Case Motion #7 Motion to Proceed Under Civil Rule 86(m) (PPK only)
  35. Order for Status Update
  36. Status Update Douglas Wayne Merritt (Attorney) on behalf of Daniel Josef Mcdermott (Plaintiff)
  37. Civil Deficiency Memo mailed re: Resent 11/14/2023 to new address TO: DANIEL JOSEF MCDERMOTT The following documents are being returned to you. Request and Order Representation Hearing & Notice to court Requesting Compensatory and Punitive Damages 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. Civil Deficiency Memo (1/22) Sent on: 07/26/2023 15:35:55.04
  38. Reason for Returned Mail: Unable to Forward Date Returned Documents Were Distributed: 7/26/23 Type of Document(s) Distributed and Returned Unserved: Civil Deficiency Memo Daniel Josef Mcdermott (Plaintiff);
  39. Non-Oppsed Motion to Reopen Case Attorney: Merritt, Douglas Wayne (2111098) Filing Party: Mcdermott, Daniel Josef Case Motion #9
  40. Civil Deficiency Memo mailed re: TO: DANIEL JOSEF MCDERMOTT The following documents are being returned to you. Motion for Representation Hearing 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 though an attorney may not thereafter appear or act in the party's own behalf until the attorney has been withdrawn from the case. 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). The filed document did not contain a signature or an original signature, so you must sign the document and re-file. Civil Rule 11. You did not file an affidavit (a notarized statement of the facts supporting the request made in your motion). You must file an affidavit, 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 Rules 5 and 77. 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: 11/14/2023 12:00:51.37
  41. Order Granting Non-Opposed Motion to Reopen Case Case Motion #9 Non-Opposed Motion to Reopen Case
  42. Case Reopened
  43. Case Type Changed to Post-Conviction Relief Case
  44. Attorney Information Attorney District Attorney (3PA) representing State of Alaska as of 11/28/2024 District Attorney (3PA) (Attorney) on behalf of State of Alaska (Respondent)
  45. Stipulation for Substitution of Counsel (PPK only) Attorney: Merritt, Douglas Wayne (2111098) Filing Party: Mcdermott, Daniel Josef Case Motion #10
  46. Superseding Entry of Appearance (PPK only) Attorney: Rowe, Megan M (1505031) Daniel Josef Mcdermott (Plaintiff);
  47. Request and Order for Central Calendaring (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031) Filing Party: Mcdermott, Daniel Josef Case Motion #11
  48. Attorney Information Attorney Rowe, Megan M representing Applicant Mcdermott, Daniel Josef as of 01/29/2024
  49. Attorney Information Attorney Public Defender Agency (3AN-PCR Anchorage) dismissed/withdrawn for Applicant Mcdermott, Daniel Josef on 02/02/2024
  50. Attorney Information Attorney Merritt, Douglas Wayne dismissed/withdrawn for Applicant Mcdermott, Daniel Josef on 02/02/2024
  51. Attorney Information Attorney Office of Public Advocacy (3PA-CR) representing Applicant Mcdermott, Daniel Josef as of 02/02/2024
  52. Order Granting Stipulation for Substitution of Counsel Case Motion #10 Stipulation for Substitution of Counsel (PPK only)
  53. Attorney Information Attorney Office of Public Advocacy (3PA-CR) dismissed/withdrawn for Applicant Mcdermott, Daniel Josef on 02/02/2024
  54. Order Granting Motion Mcdermott, Daniel Josef Case Motion #11 Request and Order for Central Calendaring (Post-Conviction Relief).
  55. Administrative Judicial Reassignment to PCR CC judge, Kevin M. Saxby
  56. Order placing case on Pending Central PCR Calendaring list.
  57. Notice and Order: Central Calendaring (Post-Conviction Relief).
  58. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  59. Order placing case on Active Central PCR Calendaring list.
  60. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  61. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  62. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  63. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  64. Amended Application for Post-Conviction Relief Daniel Josef Mcdermott (Applicant); ; Megan M Rowe (Attorney) on behalf of Daniel Josef Mcdermott (Applicant)
  65. Notice of Exhibit's Filed Daniel Josef Mcdermott (Applicant); ; Megan M Rowe (Attorney) on behalf of Daniel Josef Mcdermott (Applicant)
  66. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  67. Attorney Information Attorney Sears, Trina representing Respondent State of Alaska as of 12/09/2024
  68. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  69. Motion To Dismiss Applicstion For PCR For Failure Make Out A Prima Facia Case For Relief Attorney: Sears, Trina (0311065) Earl Houser (Respondent); State of Alaska Department of Corrections (Respondent); State of Alaska (Respondent); ; Trina Sears (Attorney) on behalf of State of Alaska (Respondent) Filing Party: State of Alaska Case Motion #12
  70. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  71. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  72. Opposition to Motion to Dismiss Attorney: Rowe, Megan M (1505031) Daniel Josef Mcdermott (Applicant); ; Megan M Rowe (Attorney) on behalf of Daniel Josef Mcdermott (Applicant) Case Motion #12: Motion To Dismiss Applicstion For PCR For Failure Make Out A Prima Facia Case For Relief
  73. Monthly Status Report (Post-Conviction Relief). Attorney: Rowe, Megan M (1505031)
  74. Reply to Opposition to Dismiss PCR for Failure to Plead a Prima Facia Case Attorney: Sears, Trina (0311065) Case Motion #12: Motion To Dismiss Applicstion For PCR For Failure Make Out A Prima Facia Case For Relief
  75. Stipulation To Return Case To original Court Attorney: Rowe, Megan M (1505031) Attorney: Sears, Trina (0311065) Daniel Josef Mcdermott (Applicant); ; Megan M Rowe (Attorney) on behalf of Daniel Josef Mcdermott (Applicant); Trina Sears (Attorney) on behalf of State of Alaska (Respondent)
  76. Administrative Reassignment from Judge Kevin M Saxby to Judge Josie Garton
  77. Order Returning Case to Original Judge/Location
  78. Administrative Judicial Reassignment
  79. Case has been returned to originating court from the PCR Central Calendaring system

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