Alaska Statutes
Alaska Stat. § 12.73.020 (2026)
Findings required for post-conviction DNA testing orders
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 12.73.020. Findings required for post-conviction DNA testing orders.
The court shall order post-conviction DNA testing of specific evidence if
(1) the applicant was convicted of a felony under AS 11.41;
(2) the applicant and, if represented, the applicant's attorney, have submitted the affidavits required by AS 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 AS 44.41.035 and into any other law enforcement database; and
(11) the application is timely as described in AS 12.73.040.
The court shall order post-conviction DNA testing of specific evidence if
(1) the applicant was convicted of a felony under AS 11.41;
(2) the applicant and, if represented, the applicant's attorney, have submitted the affidavits required by AS 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 AS 44.41.035 and into any other law enforcement database; and
(11) the application is timely as described in AS 12.73.040.
Notes of Decisions
Cited in 3
cases, 2018–2020 · leading case: Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018).
Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018). “010 must specifically identify the evidence sought to be tested, 9 and it must include facts from which the court can make the findings required under AS 12.73.020. 10 The application must include, inter alia , an affidavit in which the defendant swears under oath that he or she…”
Ralph G. Hess v. State of Alaska, 456 P.3d 1253 (Alaska Ct. App. 2019). “1 More than two years after this Court affirmed the superior court’s ruling, Hess filed an application under AS 12.73.020, seeking DNA testing of certain evidence in his case.”
Hess v. Webb, No. 3:20-cv-00221 (D. Alaska Nov. 6, 2020). “5 He filed an application under AS 12.73.020, requesting the DNA evidence of his case be tested, and he was appointed counsel through the Public Defender Agency.”
Alaska Stat. § 12.73.020(1): 2 cases
Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018). “010 must specifically identify the evidence sought to be tested, 9 and it must include facts from which the court can make the findings required under AS 12.73.020. 10 The application must include, inter alia , an affidavit in which the defendant swears under oath that he or she…”
Ralph G. Hess v. State of Alaska, 456 P.3d 1253 (Alaska Ct. App. 2019). “1 More than two years after this Court affirmed the superior court’s ruling, Hess filed an application under AS 12.73.020, seeking DNA testing of certain evidence in his case.”
Alaska Stat. § 12.73.020(5): 1 case
Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018). “010 must specifically identify the evidence sought to be tested, 9 and it must include facts from which the court can make the findings required under AS 12.73.020. 10 The application must include, inter alia , an affidavit in which the defendant swears under oath that he or she…”
Alaska Stat. § 12.73.020(7): 1 case
Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018). “010 must specifically identify the evidence sought to be tested, 9 and it must include facts from which the court can make the findings required under AS 12.73.020. 10 The application must include, inter alia , an affidavit in which the defendant swears under oath that he or she…”
Alaska Stat. § 12.73.020(9): 1 case
Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018). “010 must specifically identify the evidence sought to be tested, 9 and it must include facts from which the court can make the findings required under AS 12.73.020. 10 The application must include, inter alia , an affidavit in which the defendant swears under oath that he or she…”
Alaska Stat. § 12.73.020(9)(A): 1 case
Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018). “010 must specifically identify the evidence sought to be tested, 9 and it must include facts from which the court can make the findings required under AS 12.73.020. 10 The application must include, inter alia , an affidavit in which the defendant swears under oath that he or she…”
Alaska Stat. § 12.73.020(9)(B): 1 case
Lambert v. State, 435 P.3d 1011 (Alaska Ct. App. 2018). “010 must specifically identify the evidence sought to be tested, 9 and it must include facts from which the court can make the findings required under AS 12.73.020. 10 The application must include, inter alia , an affidavit in which the defendant swears under oath that he or she…”
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