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STATE v. LACKEY

No. 100,890.

286 P.3d 859 (2012)

STATE of Kansas, Appellee, v. Robert Henry LACKEY II, Appellant.

Supreme Court of Kansas.

October 19, 2012.

Attorney(s) appearing for the Case

Gerald E. Wells , of Lawrence, argued the cause and was on the brief for appellant.

Ellen H. Mitchell , county attorney, argued the cause, and Nicole Romine , assistant county attorney, and Steve Six , attorney general, were with her on the brief for appellee.

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

Robert Henry Lackey II appeals from the trial court's summary denial of his petition for DNA testing pursuant to K.S.A. 21-2512. Because we hold that Lackey's petition satisfied the criteria of K.S.A. 21-2512(a) and (c), we reverse and remand for an evidentiary hearing with appointed counsel.

FACTUAL AND PROCEDURAL OVERVIEW

A more complete factual recitation can be found in State v. Lackey...

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