State v. Cheeks
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The Supreme Court affirmed the decision of the district court denying Defendant's motion for postconviction DNA testing, holding that the district court did not err.
In 1993, Defendant was convicted of the second-degree murder of his wife. In 2009, Defendant filed a motion seeking postconviction DNA testing pursuant to Kan. Stat. Ann. 21-2512, which authorizes individuals who have been convicted of first-degree murder or rape to petition for such testing. The district court denied the motion because Defendant was convicted of neither offense. The Supreme Court reversed and remanded in Cheeks I, concluding that Defendant's exclusion from section 21-2512 violated his equal protection rights. Meanwhile, the Supreme Court decided State v. LaPointe, 434 P.3d 850 (2019), which overruled Cheeks I. Relying on LaPointe, the district court against denied Defendant's motion for postconviction testing. The Supreme Court affirmed, holding that LaPointe is binding precedent and overrules Cheeks I.
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