Alaska Statutes: AS 12.73.040. Timeliness.

Alaska Statutes. Title 12. Code of Criminal Procedure Chapter 73. Post-Conviction DNA Testing Procedure Section 40. Timeliness.

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AS 12.73.040. Timeliness.

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.

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