State v. LaPointe

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,580 STATE OF KANSAS, Appellee/Cross-appellant, v. JACK R. LAPOINTE, Appellant/Cross-appellee. SYLLABUS BY THE COURT 1. In considering whether to grant a new trial based on favorable postconviction DNA testing under K.S.A. 2017 Supp. 21-2512(f)(2)(B)(iv), the evidence must be of such materiality that a reasonable probability exists it would result in a different outcome at trial. 2. The standard of appellate review of a trial court's order under K.S.A. 2017 Supp. 21-2512(f)(2) is whether the trial court abused its discretion. The decision…