Alaska Statutes

Alaska Stat. § 12.45.080 (2026)

Disposition of proceeding upon failure of state to comply with order

✓ current as of July 2026

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Sec. 12.45.080. Disposition of proceeding upon failure of state to comply with order.
If the state elects not to comply with an order of the court to deliver to the defendant a statement or a portion of a statement as the court may direct, the court shall strike from the record the testimony of the witness, and the preliminary hearing or trial shall proceed unless the court in its discretion determines that the interests of justice require that the preliminary hearing be terminated immediately or a mistrial be declared.

Notes of Decisions

Cited in 3 cases, 1969–1980 · leading case: Miller v. State, 462 P.2d 421 (Alaska 1969).

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Miller v. State, 462 P.2d 421 (Alaska 1969). · cites it 3× “Appellant moved to strike the testimony of Trooper Anderson or in the alternative to declare a mistrial under AS 12.45.080. 7 The denial of this motion is claimed as error.”

Putnam v. State, 629 P.2d 35 (Alaska 1980). · cites it 2× “[3] Since I think the specification of sanctions is best left to the sound discretion of the trial judge in the first instance, I do not regard an extended discussion of the available sanctions, or the principles guiding their selection, as appropriate at this point.”

Wright v. State, 501 P.2d 1360 (Alaska 1972). “We remanded the case to the trial court ordering it to determine if either set of notes constituted a producible statement under AS 12.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.