State v. Denney

The opinion of the court was delivered by

Nuss, J.:

Dale M.L. Denney appeals the district court’s dismissal of his petition for postconviction forensic DNA testing under K.S.A. 2006 Supp. 21-2512 and of various satellite motions. We transferred his appeal from the Court of Appeals pursuant to K.S.A. 20-3018(c).

The issues on appeal, and this court’s accompanying holdings, are as follows:

1. Does an actual controversy exist, warranting review? Yes.

2. Did the district court err in dismissing Denney’s petition for postconviction forensic DNA testing? No.

3. Did the district court err in dismissing…