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STATE v. CHEEKS

No. 104,858.

310 P.3d 346 (2013)

STATE of Kansas, Appellee, v. Jerome CHEEKS, Appellant.

Supreme Court of Kansas.

October 4, 2013.

Attorney(s) appearing for the Case

Paul M. Dent , of Kansas City, argued the cause and was on the brief for appellant.

Jerome A. Gorman , district attorney, argued the cause, and Derek Schmidt , attorney general, was with him on the brief for appellee.

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

Jerome Cheeks appeals the district court's denial of his petition for postconviction DNA testing of evidence related to his second-degree murder conviction. The district court denied his request because the relevant statute, K.S.A. 21-2512, does not include individuals convicted of second-degree murder among those permitted to seek such testing. Cheeks argues K.S.A. 21-2512 violates the Equal Protection Clause...

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