Alaska Statutes

Alaska Stat. § 12.45.085 (2026)

Evidence of mental disease or defect. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see

✓ current as of July 2026
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Sec. 12.45.085. Evidence of mental disease or defect. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
For present provisions, see AS 12.47.

For present provisions, see AS 12.47.



Notes of Decisions
Cited in 7 cases, 1973–2001 · leading case: Christie v. State, 580 P.2d 310 (Alaska 1978).
Christie v. State, 580 P.2d 310 (Alaska 1978). · cites it 8× “We do not base our decision on the timeliness of the defendant's assertion of the defense, since we agree with the trial court that the defense should have been submitted to the jury, despite the provisions of AS 12.45.085, had sufficient evidence been presented.”
Johnson v. State, 439 A.2d 542 (Md. 1982). · cites it 2× “See Alaska Stat. § 12.45.085 (1980); Ark. Stat.”
Peters v. State, 18 P.3d 1224 (Alaska Ct. App. 2001). · cites it 2× “We note that the legislature has passed a statute, AS 12.45.085, which provides that evidence of a "DNA profile" is admissible in a criminal proceeding "to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid.”
Martin v. State, 664 P.2d 612 (Alaska Ct. App. 1983). · cites it 2× “Former AS 12.45.085 read as follows: Evidence of mental disease or defect.”
Hensel v. State, 604 P.2d 222 (Alaska 1979). “This principle would seem to be codified in AS 12.45.085, which states, in relevant part: Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is an…”
Miller v. State, 706 P.2d 336 (Alaska Ct. App. 1985). “During the period from date of this order until trial, counsel for all parties shall also comply with AS 12.45.085, if applicable, and any procedures or duties that may have been imposed upon counsel in criminal cases by decisions of the Alaska Court of Appeals and/or Alaska…”
Johnson v. State, 511 P.2d 118 (Alaska 1973). “However, evidence of mental disease or defect excluding responsibility is not admissible unless the defendant, at the time of entering- his plea of not guilty or within 10 days thereafter or at such later time as the court may for good cause permit, files a written notice of his…”
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