State v. Angelo
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The Supreme Court reversed the ruling of the district court denying Appellant's petition for postconviction DNA testing under Kan. Stat. Ann. 21-2512, holding that the district court erred in summarily denying the petition after finding that the only evidence in State custody Appellant sought to have tested - the victims' clothing - would not produce exculpatory evidence.
After a second trial, Appellant was convicted of two counts of first-degree murder. In his most recent postconviction motion Appellant petitioned for postconviction DNA testing under section 21-2512, asking for DNA testing of the clothes he wore the day of the murders, the murder weapon, residue from his hands, and the victims' clothing. The district court denied the motion without a hearing. The Supreme Court reversed after interpreting section 21-2512 to clarify the procedures and respective burdens of the parties during the pretesting phase of the proceedings, holding that, under the circumstances, a remand for further proceedings was required.
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