Sec. 12.75.050. Hearing without production of person.
When, from the sickness or infirmity of the person directed to be produced, that person cannot without danger be brought before the court, the person in whose custody or power that person is may state that fact in the return to the writ. If the court is satisfied of the truth of the return and […]
Sec. 12.75.060. Proceedings on disobedience of writ.
If the person upon whom the writ is served refuses or neglects to obey it within the time required, and no sufficient excuse is shown, it is the duty of the court before whom the writ is returnable, upon due proof of service, to immediately issue a warrant against that person, directed to a peace […]
Sec. 12.75.070. Precept to peace officer.
A court that issues a writ without requiring the production of the person or that issues a warrant may also, at any time before final decision, issue a precept to the peace officer to whom the writ or warrant is directed commanding the officer to immediately bring the person for whose benefit the writ was […]
Sec. 12.75.080. Discharge of party.
If no legal cause is shown for the imprisonment or restraint, or for its continuation, the court shall discharge the party from the custody or restraint under which the party is held or grant any other appropriate remedy.
Sec. 12.72.040. Burden of proof in post-conviction relief proceedings.
A person applying for post-conviction relief must prove all factual assertions by clear and convincing evidence.
Sec. 12.75.090. Remand of party legally detained.
The court shall remand the party if it appears that the party is legally detained in custody.
Sec. 12.73.010. Application for post-conviction DNA testing.
(a) A person convicted of a felony against a person under AS 11.41 who has not been unconditionally discharged may apply to the superior court for an order for DNA testing of evidence. The application must be filed in the court that entered the judgment of conviction, and a copy shall be served on the […]
Sec. 12.75.100. Remedy of person in custody by virtue of civil process.
If it appears on the return of the writ that the prisoner is in custody by virtue of an order or civil process of a court legally constituted, or issued by an officer in the course of judicial proceedings before the officer, authorized by law, the prisoner shall be discharged or granted any other appropriate […]
Sec. 12.73.020. Findings required for post-conviction DNA testing orders.
The court shall order post-conviction DNA testing of specific evidence if (1) the applicant was convicted of a felony under AS 11.41; (2) the applicant and, if represented, the applicant’s attorney, have submitted the affidavits required by AS 12.73.010(b); (3) the applicant did not admit or concede guilt under oath in an official proceeding for […]
Sec. 12.75.110. Limitation on scope of court’s inquiry.
No court or judge, on the return of a writ of habeas corpus, may inquire into the legality or justice of any order, judgment, or process specified in AS 12.75.020 or into the justice, propriety, or legality of a commitment for a contempt made by a court, officer, or body, according to law, and charged […]