STATE v. LAPOINTE

No. 113,580.

434 P.3d 850 (2019)

STATE of Kansas, Appellee/Cross-appellant, v. Jack R. LAPOINTE, Appellant/Cross-appellee.

Supreme Court of Kansas.

Opinion filed February 15, 2019.


Attorney(s) appearing for the Case

Richard Ney , of Ney, Adams & Miller, of Wichita, argued the cause and was on the briefs for appellant/cross-appellee.

Jacob M. Gontesky , assistant district attorney, argued the cause, and Steven J. Obermeier , senior deputy district attorney, Stephen M. Howe , district attorney, and Derek Schmidt , attorney general, were with him on the briefs for appellee/cross-appellant.


A jury convicted Jack R. LaPointe of aggravated robbery and aggravated assault. From the evidence, the jury knew hairs found on clothing believed to be worn by the perpetrator probably did not belong to LaPointe. Years later, LaPointe requested DNA testing under K.S.A. 2017 Supp. 21-2512, which...

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