Month: March 2019

Eligibility for Postconviction DNA Testing Not Determined by Sentence Imposed

State v. LaPointe, No. 113,580 (Kan. Feb. 15, 2019) Issue: Some offenders qualify for postconviction DNA testing if they are similarly situated to those convicted of first-degree murder and rape. LaPointe was convicted of aggravated robbery but—because of …

Correcting an Illegal Sentence Includes Determining Concurrent vs. Consecutive Sentencing

State v. Jamerson, No. 115,629 (Kan. Jan. 25, 2019) Issue: On a motion to correct an illegal sentence, does the resentencing court have the authority to modify the duration and concurrent nature of the legal portions of the …