Section 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.

Authorities

12.73.020

Notes

References

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

History

(Sec. 6 ch 20 SLA 2010)