Alaska Statutes
Alaska Stat. § 12.75.230 (2026)
Appeal
✓ current as of July 2026
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Sec. 12.75.230. Appeal.
A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final judgment therein in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be re-examined upon another or subsequent proceeding of the same kind.
Chapter 80. Miscellaneous Provisions.
A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final judgment therein in like manner and with like effect as in an action. No question once finally determined upon a proceeding by habeas corpus shall be re-examined upon another or subsequent proceeding of the same kind.
Chapter 80. Miscellaneous Provisions.
Notes of Decisions
Cited in 8
cases, 1967–1980 · leading case: McCracken v. Corey, 612 P.2d 990 (Alaska 1980).
McCracken v. Corey, 612 P.2d 990 (Alaska 1980). “[6] AS 12.75.230 is inapplicable to the present case.”
Taggard v. State, 500 P.2d 238 (Alaska 1972). “[8] Although the question of whether the legislature intended to change the common law by enacting AS 12.75.230 [9] might raise serious constitutional questions, [10] we need not reach that issue in this case.”
State v. Browder, 486 P.2d 925 (Alaska 1971). “In this regard, AS 12.75.230 provides in part: A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final judgment therein in like manner and with like effect as in an action.”
Perry v. State, 429 P.2d 249 (Alaska 1967). “that at common law res judicata was not applicable to habeas corpus but contends that this common law rule can be changed by statute and that AS 12.75.230 provides for the application of the doctrine of res judicata to habeas corpus.”
Adams v. Ross, 551 P.2d 948 (Alaska 1976). “Thus, he argues, the state is precluded from bringing this appeal. *950 Ross’ technical challenge is not well taken, however.”
Montague v. Smedley, 557 P.2d 774 (Alaska 1976). “The court granted a stay of extradition pending the filing of this appeal, which is brought pursuant to AS 12.75.230. 2 Interstate extradition is expressly provided for in the United States Constitution.”
Smedley v. Holt, 541 P.2d 17 (Alaska 1975). “AS 12.75.230 provides in pertinent part: A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final judgment therein in like manner and with like effect as in an action.”
Levick v. Smedley, 553 P.2d 482 (Alaska 1976). “,AS 12.75.230 provides in part: A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final judgment therein in like manner and with like effect as in an action.”
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