STATE v. SALAS

No. 99,830.

210 P.3d 635 (2009)

STATE of Kansas, Appellee, v. Abel SALAS, Appellant.

Supreme Court of Kansas.

July 10, 2009.


Attorney(s) appearing for the Case

Casey J. Cotton, of Roger L. Falk & Associates, P.A., of Wichita, argued the cause and was on the brief for appellant.

Julie A. Koon, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, were with her on the brief for appellee.


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

Abel Salas raises a very narrow issue of whether K.S.A. 21-2512 violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because it allows postconviction DNA testing of evidence if a defendant is convicted of premeditated first-degree murder but does not allow such testing if the defendant is convicted of intentional second-degree murder. To establish the equal protection...

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