Alaska Statutes

Alaska Stat. § 12.75.020 (2026)

Persons not entitled to prosecute writ

✓ current as of July 2026
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Sec. 12.75.020. Persons not entitled to prosecute writ.
A person properly imprisoned or restrained by virtue of the legal judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution regularly and lawfully issued upon that judgment or decree shall not be allowed to prosecute the writ.


Notes of Decisions
Cited in 3 cases, 1968–2000 · leading case: Flanigan v. State, 3 P.3d 372 (Alaska Ct. App. 2000).
Flanigan v. State, 3 P.3d 372 (Alaska Ct. App. 2000). · cites it 6× “AS 12.75.020 declares: A person properly imprisoned or restrained by virtue of a legal judgment [issued by] a competent tribunal [having] civil or criminal jurisdiction .”
Grinols v. State, 10 P.3d 600 (Alaska Ct. App. 2000). “The limited seope of this remedy-in particular, the fact that a writ of habeas corpus can not be used to collaterally attack a criminal conviction-is expressly codified in AS 12.75.020 22 and 12.75.110 23 . Indeed, as we explain in the next section, the limited scope of the…”
Roberts v. State, 445 P.2d 674 (Alaska 1968). · cites it 3× “AS 12.75.020 provides that: A person properly imprisoned or restrained by virtue of the legal judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue of an execution regularly and lawfully issued upon that judgment or decree shall not be allowed to…”
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