State v. Bailey
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Bailey was convicted of aggravated criminal sodomy in 1988 for his role in an incident in the Wyandotte County jail. Bailey's third petition for forensic DNA testing of biological material from a rape kit was summarily denied. He did not appeal one of the earlier denials but appealed the second and lost on appeal.
The Kansas Supreme Court affirmed. Bailey is barred from relitigating the issues he raised by the application of issue preclusion principles to the prior determinations that he cannot meet the threshold requirements of K.S.A. 2020 Supp. 21-2512(a), which allows certain criminally convicted individuals to petition for postconviction forensic DNA testing. The prior rulings holding the state has no biological material related to Bailey's convictions in its actual or constructive possession is determinative of his ability to obtain postconviction forensic testing.
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