Alaska Statutes
Alaska Stat. § 12.40.080 (2026)
Effect of failure to return indictment
✓ current as of July 2026
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Sec. 12.40.080. Effect of failure to return indictment.
When a grand jury does not return an indictment, the charge is dismissed, and it may not be again submitted to or inquired into by the grand jury unless the court so orders.
When a grand jury does not return an indictment, the charge is dismissed, and it may not be again submitted to or inquired into by the grand jury unless the court so orders.
Notes of Decisions
Cited in 4
cases, 1987–2000 · leading case: Andreanoff v. State, 746 P.2d 473 (Alaska Ct. App. 1987).
Andreanoff v. State, 746 P.2d 473 (Alaska Ct. App. 1987). “^ two questions regarding the proper interpretation of AS 12.40.080. First, may a grand jury, sua sponte, reconsider a decision to return a “no true bill” and hear new evidence? And, second, if it may, was its decision to do so in this case coerced by the prosecution? On June…”
Commonwealth v. McCravy, 723 N.E.2d 517 (Mass. 2000). “See Alaska Stat. § 12.40.080 (1998); Ark. Code Ann.”
Ephamka v. State, 878 P.2d 647 (Alaska Ct. App. 1994). “No Alaska case has construed AS 12.40.080 or addressed the reasons why the superior court might properly authorize the State to present a charge to the grand jury a second time.”
State v. Williams, 855 P.2d 1337 (Alaska Ct. App. 1993). “See AS 12.40.080. 5 . See also Black’s Law Dictionary 1037 (4th ed.”
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