In determining whether an application is timely under Alaska Stat. § 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

Terms Used In Alaska Statutes 12.73.040

  • Conviction: A judgement of guilt against a criminal defendant.
(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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