(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) of this section, the prosecuting authority shall file a response within 45 days after service of the application. The court shall conduct an evidentiary hearing to resolve any disputed facts.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 73. Post-Conviction DNA Testing Procedure
Sec. 12.73.010. Application for post-conviction DNA testing.
Sec. 12.73.020. Findings required for post-conviction DNA testing orders.
Sec. 12.73.030. Summary dismissal and response.
Sec. 12.73.050. Testing procedures.