Jimmy Lee Walker v. William H. Huston, Director

Walker was convicted of rape in , Alaska state court. He filed a habeas corpus petition in district court challenging the constitutionality of Alaska Stat. § 12.30.040 (b) (1981), which denies bail pending appeal to persons convicted of first degree murder, kidnapping, armed robbery, or rape. The district court held that the classification of rape as a nonbailable offense violates equal protection because the classification is not rationally related to a legitimate state interest. The state appeals. As we find this case moot, we do not reach the merits, but vacate the judgment of the district court and remand with instructions to dismiss the complaint.

I.

Walker was convicted of forcible rape in Alaska state court on May 24, 1979. Walker orally gave notice of appeal and requested bail pending appeal. The Superior Court upheld the constitutionality of Alaska Stat. § 12.30.040 (b), and ordered Walker imprisoned without bail.

Walker moved the Alaska Supreme Court to be admitted to bail pending appeal. A single justice of the Alaska Supreme Court denied Walker’s motion for bail. Walker then applied for an en banc rehearing on his motion for bail. The full Alaska Supreme Court…