Reseña de State Alaska v. Natividad Salinas

State Alaska v. Natividad Salinas de Supreme Court of Alaska Resumen del Libro

PER CURIAM. The question presented by this petition for review is whether the superior court has jurisdiction to grant a new trial on the grounds of newly discovered evidence, after an appellate court has affirmed a judgment of conviction and issued a mandate ordering the defendant to be taken into custody, but has not remanded the case to the superior court for the purpose of granting a new trial. Respondent was indicted for the crime of arson in the first degree on February 24, 1958 and convicted of arson in the second degree in the United States District Court for the District (Territory) of Alaska, Second Judicial Division on May 1, 1958. He appealed the conviction to the United States Court of Appeals for the Ninth Circuit. While the appeal was pending respondent moved the United States District Court for the District (Territory) of Alaska, on January 3, 1960, for a new trial on the ground of newly discovered evidence. On February 20, 1960, the Alaska Court System assumed its full jurisdiction and the United States District Court for the District (Territory) of Alaska went out of existence. 1 On February 20, 1960, all cases pending before the United States District Court for the District (Territory) of Alaska, Second Judicial Division, were divided between the newly created United States District Court for the District of Alaska and the Superior Court for the State of Alaska, Second Judicial District, according to the character of each case, and the requirements of section 15 of the Alaska Statehood Act. 2 This case and the pending motion of the respondent for a new trial were transferred to the Superior Court for the State of Alaska, Second Judicial District. Respondent's conviction was affirmed by the United States Court of Appeals for the Ninth Circuit on May 2, 1960 3 and a mandate issued on June 6, 1960. The Superior Court for the Second Judicial District of Alaska granted a new trial on August 23, 1960. On November 4, 1960 petitioner filed a motion to vacate the order granting a new trial. This motion was denied on January 31, 1961 and it is from this order that petitioner seeks review.

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