BRUNER v. STATE

No. 89,033.

277 Kan. 603 (2004)

88 P.3d 214

JOHN D. BRUNER, Appellant, v. STATE OF KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed April 23, 2004.


Attorney(s) appearing for the Case

Elizabeth Seale Cateforis, of Paul E. Wilson Defender Project, of Lawrence, argued the cause and was on the brief for appellant.

Matt J. Maloney, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.


The opinion of the court was delivered by

GERNON, J.

This appeal from the denial of a K.S.A. 60-1507 motion centers on whether a court is required to order DNA testing if the criteria in K.S.A. 2003 Supp. 21-2512 are shown.

John D. Bruner's wife's decomposed body was found in the Arkansas River near Wichita in May 1979. She had been missing for 2 months.

The evidence against Bruner was circumstantial and included Bruner's inconsistent versions...

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