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LaPOINTE v. STATE

No. 100,028.

214 P.3d 684 (2009)

Jack R. LaPOINTE, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

August 28, 2009.

Attorney(s) appearing for the Case

Richard Ney, of Ney, Adams & Sylvester, of Wichita, for appellant.

Steven J. Obermeier, assistant district attorney, Stephen M. Howe, district attorney, and Steve Six, attorney general, for appellee.

Before MALONE, P.J., GREEN and STANDRIDGE, JJ.

GREEN, J.

Jack LaPointe appeals from the trial court's judgment denying his ineffective assistance of counsel claims in his K.S.A. 60-1507 motion without holding an evidentiary hearing. LaPointe argues that the trial court erred in failing to hold an evidentiary hearing on the following claims: (1) that his trial counsel was ineffective in failing to object to testimony concerning the reliability of eyewitness identification given by the lead detective in the case...

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