Post Conviction Relief Statute of Limitations Runs Out In Alaska
Alaska Criminal Rule 53 allows the court to relax or dispense with the rules of criminal procedure "in any case where it shall be manifest to the court that a strict adherence to them will work injustice."
But Rule 53 only allows the court to relax court rules. It does not allow the court to relax a state statute of limitations.
Alaska Statute 12.72.020(b) grants the court limited authority to relax the statute of limitations on post-conviction relief applications:
(b) Notwithstanding (a)(3) and (4) of this section, a court may hear a claim
(1) if the applicant establishes due diligence in presenting the claim and sets out facts supported by admissible evidence establishing that the applicant
(A) suffered from a physical disability or from a mental disease or defect that precluded the timely assertion of the claim; or
(B) was physically prevented by an agent of the state from filing a timely claim;
(2) based on newly discovered evidence if the applicant establishes due diligence in presenting the claim and sets out facts supported by evidence that is admissible and . . . .
Under this section, the court may hear a claim for post-conviction relief if certain criteria are met, even if the deadlines established in AS 12.72.020(a)(3) and (4) have passed.
AS 12.72.020(a)(3) and (4) read:
(a) a claim may not be brought under AS 12.72.010 or the Alaska Rules of Criminal Procedure if
(3) the later of the following dates has passed, except that if the applicant claims that the sentence was illegal there is no time limit on the claim:
(A) if the claim relates to a conviction, two years after the entry of the judgment of the conviction or, if the conviction was appealed, one year after the court's decision is final under the Alaska Rules of Appellate Procedure;
(B) if the claim relates to a court revocation of probation . . . .
(4) one year or more has elapsed from the final administrative decision of the Board of Parole or the Department of Corrections that is being collaterally attacked.