Alaska Statutes
Alaska Stat. § 12.70.020 (2026)
Form of demand
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 12.70.020. Form of demand.
(a) No demand for the extradition of a person accused but not yet convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following:
(1) an allegation that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter the accused fled the demanding state; except that this allegation may not be required in a proceeding based on AS 12.70.050;
(2) a copy of an indictment found or an information supported by affidavit in the state having jurisdiction of the crime or by a copy of a complaint, affidavit, or other equivalent accusation made before a magistrate there; the indictment, information, or complaint, affidavit, or other equivalent accusation must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand.
(b) No demand for the extradition of a person convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following:
(1) a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of bail, probation, or parole;
(2) a copy of the judgment of conviction or of a sentence imposed in execution thereof; the copy must be authenticated by the executive authority making the demand.
(a) No demand for the extradition of a person accused but not yet convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following:
(1) an allegation that the accused was present in the demanding state at the time of the commission of the alleged crime and that thereafter the accused fled the demanding state; except that this allegation may not be required in a proceeding based on AS 12.70.050;
(2) a copy of an indictment found or an information supported by affidavit in the state having jurisdiction of the crime or by a copy of a complaint, affidavit, or other equivalent accusation made before a magistrate there; the indictment, information, or complaint, affidavit, or other equivalent accusation must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand.
(b) No demand for the extradition of a person convicted of a crime in another state shall be recognized by the governor of this state unless made in writing and containing the following:
(1) a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of bail, probation, or parole;
(2) a copy of the judgment of conviction or of a sentence imposed in execution thereof; the copy must be authenticated by the executive authority making the demand.
Notes of Decisions
Cited in 9
cases, 1967–2016 · leading case: Montague v. Smedley, 557 P.2d 774 (Alaska 1976).
Montague v. Smedley, 557 P.2d 774 (Alaska 1976). “§ 3182 and AS 12.70.020, since it was sworn before a notary public and not before a magistrate as required by those statutes.”
Wortham v. State, 519 P.2d 797 (Alaska 1974). “On September 8, 1972, appellant was charged with being a fugitive from justice in violation of AS 12.70.020. In response to papers (dated September 28, 1972) from the Governor of California, 1 Governor Egan issued a warrant for appellant’s arrest and extradition on October 10.”
Smedley v. Holt, 541 P.2d 17 (Alaska 1975). “This warrant, however, was quashed by order of the superior court of the State of Alaska on the basis of the failure of the California authorities to furnish a copy of the judgment in compliance with the requirements of AS 12.70.020(b) which provides: (b) No demand for the…”
Perry v. State, 429 P.2d 249 (Alaska 1967). “AS 12.70.020 (b). 1 Petitioner urges upon the Court that the reason for the California extradition-proceedings is because of certain criminal charges pending trial in Alaska and that these charges should be tried in Alaska.”
Swarner v. State, 118 P.3d 24 (Alaska Ct. App. 2005). “Swar-ner contends that AS 12.70.020 requires that an affidavit supporting probable cause must be sworn to before a judicial officer.”
Kelly v. State, 803 P.2d 876 (Alaska Ct. App. 1990). “Kelly argues that Virginia did not comply with the requirements of AS 12.70.020(a) because “time left to serve” is not a crime in the state of Virginia.”
Evans v. State, 820 P.2d 1098 (Alaska Ct. App. 1991). “But Evans has misread subsection (2) of AS 12.70.020(a). Subsection (2) of AS 12.”
Brown v. State, 518 P.2d 770 (Alaska 1974). “AS 12.70.020(a) (2) requires either “a copy of an indictment found or an information supported by affidavit in the state having jurisdiction of the crime or by a copy of a complaint, affidavit, or other equivalent accusation made before a magistrate .”
Buckley v. State, 378 P.3d 408 (Alaska Ct. App. 2016). “Buckley relies on the wording of AS 12.70.020(a)(1), which declares, | No demand for the extradition of a person accused but not yet convicted of a crime in another state shall be recognized by the governor of this state unless .”
— Alaska Stat. § 12.70.020(a) — 5 cases
Montague v. Smedley, 557 P.2d 774 (Alaska 1976). “§ 3182 and AS 12.70.020, since it was sworn before a notary public and not before a magistrate as required by those statutes.”
Swarner v. State, 118 P.3d 24 (Alaska Ct. App. 2005). “Swar-ner contends that AS 12.70.020 requires that an affidavit supporting probable cause must be sworn to before a judicial officer.”
Brown v. State, 518 P.2d 770 (Alaska 1974). “AS 12.70.020(a) (2) requires either “a copy of an indictment found or an information supported by affidavit in the state having jurisdiction of the crime or by a copy of a complaint, affidavit, or other equivalent accusation made before a magistrate .”
Evans v. State, 820 P.2d 1098 (Alaska Ct. App. 1991). “But Evans has misread subsection (2) of AS 12.70.020(a). Subsection (2) of AS 12.”
Kelly v. State, 803 P.2d 876 (Alaska Ct. App. 1990). “Kelly argues that Virginia did not comply with the requirements of AS 12.70.020(a) because “time left to serve” is not a crime in the state of Virginia.”
— Alaska Stat. § 12.70.020(a)(1) — 1 case
Buckley v. State, 378 P.3d 408 (Alaska Ct. App. 2016). “Buckley relies on the wording of AS 12.70.020(a)(1), which declares, | No demand for the extradition of a person accused but not yet convicted of a crime in another state shall be recognized by the governor of this state unless .”
— Alaska Stat. § 12.70.020(a)(2) — 4 cases
Montague v. Smedley, 557 P.2d 774 (Alaska 1976). “§ 3182 and AS 12.70.020, since it was sworn before a notary public and not before a magistrate as required by those statutes.”
Swarner v. State, 118 P.3d 24 (Alaska Ct. App. 2005). “Swar-ner contends that AS 12.70.020 requires that an affidavit supporting probable cause must be sworn to before a judicial officer.”
Kelly v. State, 803 P.2d 876 (Alaska Ct. App. 1990). “Kelly argues that Virginia did not comply with the requirements of AS 12.70.020(a) because “time left to serve” is not a crime in the state of Virginia.”
Evans v. State, 820 P.2d 1098 (Alaska Ct. App. 1991). “But Evans has misread subsection (2) of AS 12.70.020(a). Subsection (2) of AS 12.”
— Alaska Stat. § 12.70.020(b) — 4 cases
Perry v. State, 429 P.2d 249 (Alaska 1967). “AS 12.70.020 (b). 1 Petitioner urges upon the Court that the reason for the California extradition-proceedings is because of certain criminal charges pending trial in Alaska and that these charges should be tried in Alaska.”
Smedley v. Holt, 541 P.2d 17 (Alaska 1975). “This warrant, however, was quashed by order of the superior court of the State of Alaska on the basis of the failure of the California authorities to furnish a copy of the judgment in compliance with the requirements of AS 12.70.020(b) which provides: (b) No demand for the…”
Wortham v. State, 519 P.2d 797 (Alaska 1974). “On September 8, 1972, appellant was charged with being a fugitive from justice in violation of AS 12.70.020. In response to papers (dated September 28, 1972) from the Governor of California, 1 Governor Egan issued a warrant for appellant’s arrest and extradition on October 10.”
Kelly v. State, 803 P.2d 876 (Alaska Ct. App. 1990). “Kelly argues that Virginia did not comply with the requirements of AS 12.70.020(a) because “time left to serve” is not a crime in the state of Virginia.”
— Alaska Stat. § 12.70.020(b)(2) — 1 case
Smedley v. Holt, 541 P.2d 17 (Alaska 1975). “This warrant, however, was quashed by order of the superior court of the State of Alaska on the basis of the failure of the California authorities to furnish a copy of the judgment in compliance with the requirements of AS 12.70.020(b) which provides: (b) No demand for the…”
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.