From Casetext: Smarter Legal Research

Larson v. Schmidt

Court of Appeals of Alaska
Aug 16, 2023
No. A-13835 (Alaska Ct. App. Aug. 16, 2023)

Opinion

A-13835 0339

08-16-2023

LOREN J. LARSON JR., Appellant, v. JOE SCHMIDT, Commissioner of Corrections, and JOHN C. TURNBULL, Superintendent of Spring Creek Correctional Facility, Appellees.

Loren J. Larson Jr., in propria persona, Wasilla, Appellant. Eric A. Ringsmuth, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellees.


UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the Superior Court, Fourth Judicial District, Fairbanks, Trial Court No. 4FA-12-01083 CI Paul R. Lyle, Judge.

Loren J. Larson Jr., in propria persona, Wasilla, Appellant.

Eric A. Ringsmuth, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellees.

Before: Allard, Chief Judge, and Harbison and Terrell, Judges.

In May 2020, Loren J. Larson Jr. filed a motion for relief from judgment under Civil Rule 60(b) in his first post-conviction relief case (Trial Court No. 4FA-01-00511 CI), arguing that the Alaska Supreme Court's decision in Alvarez-Perdomo v. State changed the law on the privilege against self-incrimination and that this change entitled him to relief. The superior court rejected this argument, and we affirmed the superior court's ruling on direct appeal, explaining that Alvarez-Perdomo did not create a new rule that would entitle Larson to relief.

See Alvarez-Perdomo v. State, 454 P.3d 998 (Alaska 2019).

Larson v. State, 2023 WL 2783943, at *1 (Alaska App. Apr. 5, 2023) (unpublished summary disposition).

In September 2020, Larson filed a nearly identical Civil Rule 60(b) motion in a related case (Trial Court No. 4FA-12-01083 CI). The superior court again rejected his argument and dismissed his motion. Larson now appeals that ruling. For the same reasons we explained in Larson's previous appeal, we conclude that Alvarez-Perdomo did not create a new rule that would entitle him to relief.

Id.

The judgment of the superior court is AFFIRMED.


Summaries of

Larson v. Schmidt

Court of Appeals of Alaska
Aug 16, 2023
No. A-13835 (Alaska Ct. App. Aug. 16, 2023)
Case details for

Larson v. Schmidt

Case Details

Full title:LOREN J. LARSON JR., Appellant, v. JOE SCHMIDT, Commissioner of…

Court:Court of Appeals of Alaska

Date published: Aug 16, 2023

Citations

No. A-13835 (Alaska Ct. App. Aug. 16, 2023)