Sec. 12.73.020. Findings required for post-conviction DNA testing orders.

357 words·~2 min read·/ak/title-12/chapter-73/12-73-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 the offense that was the basis of the conviction or a lesser included offense, except that the court, in the interest of justice, may waive this requirement; for the purposes of this paragraph, the entry of a guilty or nolo contendere plea is not an admission or concession of guilt;

(4)the evidence either

(A)was not subjected to DNA testing; or

(B)was previously subjected to DNA testing, and

(i)the applicant is requesting DNA testing using a method or technology that is substantially more probative than the previous DNA testing; or

(ii)the court determines that granting the application is in the best interest of justice;

(5)the evidence to be tested has been subject to a chain of custody and retained under conditions that ensure that the evidence has not been substituted, contaminated, or altered in any manner material to the proposed DNA testing;

(6)the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;

(7)the applicant identifies a theory of defense that would establish the applicant's innocence;

(8)the applicant was convicted after a trial and the identity of the perpetrator was a disputed issue in the trial;

(9)the proposed DNA testing of the specific evidence may produce new material evidence that would

(A)support the theory of defense described in

(7)of this section; and

(B)raise a reasonable probability that the applicant did not commit the offense;

(10)the applicant consents to provide a DNA sample for purposes of comparison and to entry of the results into the DNA identification registration system under AS 44.41.035 and into any other law enforcement database; and

(11)the application is timely as described in AS 12.73.040 .