(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 […]
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 […]
(a) If an application under AS 12.73.010(a) does not set out the specific facts necessary for the court to make the findings required under AS 12.73.020 or does not comply with AS 12.73.010(b), the court shall deny the application without further proceedings. (b) If an application filed under AS 12.73.010(a) is not denied under (a) […]
In determining whether an application is timely under AS 12.73.020(11), there is a presumption of (1) timeliness if the application is filed before three years after the date of conviction; this presumption may be rebutted if the court finds that the application is based solely upon information used in a previously denied application; and (2) […]
(a) If the court grants the application and DNA samples for comparison purposes are required, samples taken from the applicant or a prisoner must be collected at a law enforcement or correctional facility. If the DNA sample is being collected from a person other than the applicant or a prisoner, the sample must be taken […]
The provisions of this chapter do not prohibit an applicant and the prosecuting authority from agreeing to conduct post-conviction DNA testing without the person’s filing an application under this chapter. The parties may also stipulate to the payment of costs for the DNA testing and other costs associated with the terms of the agreement.
In this chapter, unless the context requires otherwise, (1) “DNA” means deoxyribonucleic acid; (2) “innocence” means that the applicant was not a perpetrator of or an accomplice to the offense or lesser included offense for which the applicant was convicted; (3) “prisoner” has the meaning given in AS 33.30.901; (4) “unconditionally discharged” means that a […]
