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STATE v. LAPOINTE

No. 112,019.

390 P.3d 7 (2017)

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

Supreme Court of Kansas.

Opinion filed March 3, 2017.

Attorney(s) appearing for the Case

Steven J. Obermeier , assistant district attorney, argued the cause, and Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellant.

Richard Ney , of Ney & Adams, of Wichita, argued the cause and was on the briefs for appellee.

In this appeal, we are presented with a novel question: May the State use K.S.A. 2015 Supp. 22-3602(b)(3), which allows the prosecution to take a criminal appeal "upon a question reserved," after a district court grants postconviction DNA testing under K.S.A. 2015 Supp. 21-2512 but before the...

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