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) untimeliness if the application is filed three years or more after conviction; this presumption may be rebutted if the court finds good cause for filing three years or more after conviction.
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.