A14378•Emmanuel Hawley v. State of Alaska
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NOTICE This is a summary disposition issued under Alaska Appellate Rule 214(a). Summary dispositions of this Court do not create legal precedent. See Alaska Appellate Rule 214(d). IN THE COURT OF APPEALS OF THE STATE OF ALASKA EMMANUEL R. HAWLEY, Appellant, v. STATE OF ALASKA, Appellee. Court of Appeals No. A-14378 Trial Court No. 2KB-18-00422 CR SUMMARY DISPOSITION No. 0495 — August 26, 2026 Appeal from the Superior Court, Second Judicial District, Kotzebue, Paul A. Roetman and Gregory A. Miller, Judges. Appearances: Justin N. Gillette, Assistant Public Defender, and Terrence Haas, Public Defender, Anchorage, for the Appellant. Madison M. Mitchell, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Cori M. Mills, Acting Attorney General, Juneau, for the Appellee. Before: Allard, Chief Judge, and Beach and Haines, Judges. Emmanuel R. Hawley was convicted, following a jury trial, of one count of second-degree sexual assault.1 On appeal, Hawley argues that his case should have been dismissed prior to trial based on a violation of Alaska Criminal Rule 45. The parties have filed a joint motion for limited summary disposition under Alaska Appellate Rule 214. In the joint 1 AS 11.41.420(a)(3).
– 2 – 0495 motion, the State concedes that the superior court violated Criminal Rule 45 and that Hawley’s conviction must therefore be vacated. We have reviewed the record, and we conclude that the State’s concession is well-founded.2 Rule 45 requires that a defendant be brought to trial within 120 days of the date of service of the charging document, subject to certain periods excluded by rule.3 Failure to bring a defendant to trial within this time, as extended by certain prescribed excluded periods, requires dismissal of the defendant’s case with prejudice.4 One such excluded period “result[s] from an adjournment or continuance granted at the timely request or with the consent of the defendant and the defendant’s counsel.”5 In Alaska Public Defender Agency v. Superior Court, this Court held that “the plain language of Rule 45(d)(2) is clear: the rule explicitly requires the consent of both a defendant and their counsel.”6 The Court made clear that, as a general matter, no express personal waiver by the defendant is required when a defendant’s counsel requests a continuance.7 “Rather, in the absence of any indication otherwise, courts may presume that defense counsel has spoken with their client and that their client consents to the continuance.”8 However, a court may not toll the speedy trial clock under 2 See Marks v. State, 496 P.2d 66, 67-68 (Alaska 1972) (holding that an appellate court must independently assess whether the State’s concession of error in a criminal case is well-founded). 3 Alaska R. Crim. P. 45(b)-(d). 4 Alaska R. Crim. P. 45(g). 5 Alaska R. Crim. P. 45(d)(2). 6 Alaska Pub. Def. Agency v. Superior Ct., 530 P.3d 604, 611 (Alaska App. 2023). 7 Id. at 607. 8 Id.
– 3 – 0495 Rule 45(d)(2) over the defendant’s personal objection.9 Therefore, “once a defendant brings an objection to the trial court’s attention, the Rule 45 clock resumes running” (unless there are other grounds under the rule to exclude time).10 Here, the State agrees that Hawley clearly objected to his lawyer’s request for a continuance at a March 1, 2023 hearing.11 But the superior court nevertheless tolled the speedy trial clock under Rule 45(d)(2), despite Hawley’s personal objection. Hawley subsequently filed two pro se motions to dismiss his case based on a violation of Rule 45. Both motions were rejected for filing because Hawley was represented. Hawley also renewed his speedy trial claims in two representation hearings shortly before trial. Although the State takes no position on the date of Hawley’s first objection to continuance, the State agrees that the Rule 45 speedy trial clock had fully run before Hawley went to trial and that the superior court should therefore have dismissed Hawley’s case with prejudice under Rule 45(g). We agree that this concession is well-founded.12 We accordingly vacate Hawley’s conviction. The judgment of the superior court is REVERSED and Hawley’s conviction is VACATED. 9 Id. at 610. 10 Id. 11 The State takes no position on whether Hawley’s statements in earlier hearings qualified as objections to the tolling of Rule 45. 12 See Marks v. State, 496 P.2d 66, 67-68 (Alaska 1972).
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