State v. Lackey

The opinion of the court was delivered by

Johnson, J.:

Robert Henry Lackey II appeals from the trial court’s summary denial of his petition for DNA testing pursuant to K.S.A. 21-2512. Because we hold that Lackey s petition satisfied the criteria of K.S.A. 21-2512(a) and (c), we reverse and remand for an evidentiary hearing widr appointed counsel.

Factual and Procedural Overview

A more complete factual recitation can be found in State v. Lackey, 280 Kan. 190, 120 P.3d 332 (2005), cert. denied 547 U.S. 1056, overruled in part by State v. Davis, 283 Kan. 569, 158 P.3d 137 (2006). Here, we will…