The court shall order post-conviction DNA testing of specific evidence if

(1) the applicant was convicted of a felony under Alaska Stat. Chapter 11.41;
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Terms Used In Alaska Statutes 12.73.020

  • 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.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) the applicant and, if represented, the applicant’s attorney, have submitted the affidavits required by Alaska Stat. § 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 Alaska Stat. § 44.41.035 and into any other law enforcement database; and
(11) the application is timely as described in Alaska Stat. § 12.73.040.
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