State v. LaPointeAnnotate this Case
The Supreme Court affirmed the decision of the district court denying Defendant’s motion for a new trial and sustained the portion of the State’s cross-appeal arguing that Defendant’s crimes were not statutorily eligible for DNA testing, holding that Defendant was not entitled to a new trial and was not entitled to DNA testing under Kan. Stat. Ann. 21-2512(a).
Defendant was convicted of aggravated robbery and aggravated assault. Years later the district court granted Defendant’s motion for DNA testing under section 21-2512. Defendant subsequently filed a motion for a new trial, claiming that the DNA test results would have changed the original trial’s outcome. The district court denied relief, and the court of appeals affirmed. Defendant appealed, and the State cross-appealed. The Supreme Court held (1) the district court did not abuse its discretion in determining that the test results would not have changed the original trial’s outcome; (2) Defendant was in state custody for purposes of section 21-2512(a; and (3) Defendant was not entitled to DNA testing under section 21-2512(a) based on the punishment imposed for his convicted offenses, and State v. Cheeks, 310 P.3d 346 (2013), is overruled to the extent it served as the district court’s basis for its order.