(a) A person convicted of a felony against a person under Alaska Stat. Chapter 11.41 who has not been unconditionally discharged may apply to the superior court for an order for DNA testing of evidence. The application must be filed in the court that entered the judgment of conviction, and a copy shall be served on the prosecuting authority responsible for obtaining the conviction.
Terms Used In Alaska Statutes 12.73.010
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Conviction: A judgement of guilt against a criminal defendant.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(b) An application filed under (a) of this section must specifically identify the evidence sought to be tested and must include facts from which the court can make the findings required under Alaska Stat. § 12.73.020. The application must also include
(1) an affidavit by the applicant that attests to the following:
(A) the applicant did not commit the offense for which the applicant was convicted or a lesser included offense;(B) the applicant did not solicit another person to commit, or aid or abet another person in planning or committing, that offense or a lesser included offense; and(C) 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 subparagraph, the entry of a guilty or nolo contendereplea is not an admission or concession of guilt;(2) an affidavit by the applicant or the applicant’s attorney stating the results of each DNA test performed on the evidence in the prosecution that resulted in the applicant’s conviction;(3) an affidavit by the applicant or the applicant’s attorney describing all previous efforts to obtain DNA testing and any previous application filed under Alaska Stat. Chapter 12.72 or this section.(c) An attorney who represents an applicant under this section shall investigate and, if possible, confirm the accuracy of information provided by the applicant under (b)(2) and (3) of this section.(d) If an applicant is indigent, filing fees must be paid under Alaska Stat. Chapter 09.19, and counsel shall be appointed under Alaska Stat. § 18.85.100 to represent the applicant.
