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.
  • Clayton's attorney requested oral arguments in March 2018, which was initially scheduled for September 2018. However, Clayton's initial appeals attorney was promoted to a Superior Court Judge position, and oral arguments were rescheduled to give the new attorney time to become familiar with the case. Oral arguments were eventually rescheduled to take place on the 4th anniversary of Clayton's wrongful conviction - February 13, 2019. The event is open to the public, and Clayton will be attending by phone.

Anticipated Appeal Timeline (Estimate Only):

  • After oral arguments Clayton, his attorneys, and his family must wait for the Court of Appeals to announce its decision in the case. We have learned that they actually vote on the decision very close to the oral argument date (although they reserve the right to change their vote). However, we've been told that the Court of Appeals judges are currently taking an average of 1-1.5 years to provide the ruling in writing. No one is allowed to know what they have voted for until that paperwork is finally filed. This could easily bump out a resolution to Clayton's appeal to February 2020 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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