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GOLDSMITH v. STATE

No. 93,377.

34 Kan.App. 2d 789 (2005)

JACK L. GOLDSMITH, Appellant, v. STATE OF KANSAS, Appellee.

Court of Appeals of Kansas.

Opinion filed December 23, 2005.

Attorney(s) appearing for the Case

Janine Cox, capital appellate defender, for appellant.

James R. Spring, deputy county attorney, and Phill Kline, attorney general, for appellee.

Before RULON, C.J., GREENE, J., and BRAZIL, S.J.

RULON, C.J.:

Jack L. Goldsmith appeals the district court's summary dismissal of the motion for DNA testing, contending the district court erred in applying the 1-year limitation of K.S.A. 2004 Supp. 60-1507(f) to motions brought under K.S.A. 2004 Supp. 21-2512. We reverse and remand for further proceedings.

Underlying Facts

The long and sordid history of this case does not need to be recounted here. However, a brief overview of the procedural history...

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