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eBook details

• Title: William A. Rust v. State Alaska
• Author : Supreme Court of Alaska
• Release Date : January 15, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

RABINOWITZ, Justice. OPINION ON REHEARING. In its petition for rehearing, the state takes exception to this court's Discussion of Rust's claim that he was entitled to receive treatment for his dyslexic condition. The crux of the state's position in its petition for rehearing is that the superior court, sitting as a sentencing court, lacked jurisdiction to inquire into treatment decisions of the Division of Corrections, particularly in the procedural context of a Criminal Rule 35(a) motion. 1 In support of this contention, the state argues that the issues in the instant case do not involve any general claims of inmates to the right to treatment in the absence of specific sentencing recommendations. The state further contends that the issues do not concern the general power of the judiciary, in an appropriate civil proceeding, to inquire into a prisoner's claim that constitutional or statutory rights to treatment are being violated.

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