Appeal Status

Appeal Timeline To Date:

  • Clayton was wrongfully convicted, and taken into custody, on February 13, 2015.
  • Clayton was sentenced to 40 years with 10 suspended, and 15 years of mandatory probation, on July 15, 2015.
  • The Statement of Points on Appeal (list of items the defense initially plans to appeal on, which reserves the right to appeal at all) was filed in September 2015.
  • Appeals attorneys within the public defender office handle cases on a first-noticed-first-served basis, and therefore applied for a more than 460 day extension before being required to submit the actual appeal brief. The request was granted, bumping out the deadline for submission to the court to January 27, 2017.
  • Clayton was actually assigned to an appeal attorney in the fourth quarter of 2016.
  • The Opening Brief of the Appellant (the actual appeal) was filed with the court on January 26, 2017. Click here to review that filing.
  • The State is customarily granted a 6-month extension before being required to submit their reply to the opening brief. After that, they filed for an additional extension, and were not required to submit their reply until November 20, 2017. Click here to review that filing.
  • Clayton's attorney filed for an extension to their initial reply deadline, and the response was submitted on February 26, 2018. Click here to review that filing.

Anticipated Appeal Timeline (Estimates Only):

  • Clayton's attorney has requested oral arguments, and we are awaiting scheduling. We have been advised that being scheduled into the court's calendar can sometimes take as long as six months.
  • After oral arguments Clayton, his attorneys, and his family must wait for the Court of Appeals to announce its decision in the case. Due to nothing more than the backlog of cases currently accumulated for review with the Court of Appeals, we've been told the judges are currently taking an average of 2.5 years to provide that ruling. This could bump out a resolution to Clayton's appeal to February 2021 or later.

Any time that you would like to check on the status of Clayton's appeal with the court itself, you may do so through the Alaska Appellate Courts Case Management System. Clayton's appellate case number is #A12382.

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