Supreme Court of Kansas

State v. Angelo

September 30, 2022518 P.3d 27

Summary

The court held that a petition for postconviction DNA testing proceeds through a three-step pretesting process: the petitioner alleges qualifying biological material exists, the State identifies and preserves material it previously secured, and disputed existence issues are resolved through fact-finding. It also held that, assuming biological material existed on the victim's clothing, testing could produce noncumulative, exculpatory evidence because the results could bear on the shooter's identity and impeach the principal eyewitness. The court affirmed denial of testing for three other categories of evidence, reversed the ruling concerning the victim's clothing, and remanded for factual findings and further proceedings.