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STATE v. DENNEY

No. 95,495.

156 P.3d 1275 (2007)

STATE of Kansas, Appellee, v. Dale M.L. DENNEY, Appellant.

Supreme Court of Kansas.

April 27, 2007.

Attorney(s) appearing for the Case

Carl F.A. Maughan, of Maughan Hitchcock LC, of Wichita, argued the cause and was on the brief for appellant.

Jeffrey E. Evans, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Phill Kline, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by NUSS, J.:

Dale M.L. Denney appeals the district court's dismissal of his petition for postconviction forensic DNA testing under K.S.A. 2006 Supp. 21-2512 and of various satellite motions. We transferred his appeal from the Court of Appeals pursuant to K.S.A. 20-3018(c).

The issues on appeal, and this court's accompanying holdings, are as follows:

1. Does an actual controversy exist, warranting review? Yes...

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