Whitsel v. State

ANDREASEN, Justice.

This is an appeal from a summary dismissal of an application for postconvietion relief. The primary issue is whether the availability of deoxyribonucleic acid (DNA) testing constitutes “newly discovered evidence” entitling appellant to circumvent the three-year limitation period for filing an application for post-conviction relief. The appellant also con tends the limitation period should not bar his claim of ineffective assistance of counsel. We affirm.

I.Background.

Jesse Whitsel was arrested on November 24, 1981 and charged with kidnapping and sexual abuse on the basis of…