State v. Lackey
Annotate this CaseIn 2002, a jury convicted Appellant of premeditated first-degree murder and rape for acts committed two decades earlier, in 1982. Appellant was sentenced to life in prison. In 2007, Appellant filed a pro se petition for DNA testing pursuant to Kan. Stat. Ann. 21-2512, asserting that prior DNA test results were incompetent for a number of reasons. The district court summarily denied Appellant's petition, determining that the DNA evidence was properly offered and admitted by the court, that the DNA techniques used by the State were representative of the latest techniques available, and that Appellant's petition failed to state a cause of action upon which relief could be granted pursuant to section 21-2512. The court of appeals affirmed. The Supreme Court reversed, holding that Appellant's petition satisfied the criteria pursuant to section 21-2512. Remanded for an evidentiary hearing with appointed counsel.
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