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State Courts -
Alaska - July 18 - July 23, 2008
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State Dep't of Corr. v. Lundy, Court of Appeals Nos. A-9493, A-9494, and A-9836, No. 2176,
COURT OF APPEALS OF ALASKA, July 18, 2008, Decided
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Overview: Superior court lacked subject matter jurisdiction to decide in its sentencing orders the issue of whether defendants had a constitutional right to receive sex offender treatment while in prison under Alaska Const. art. I, ? 12. The issue could be brought in a civil lawsuit against the DOC, not in an Alaska R. Crim. P. 35(a) motion.
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