Goldsmith v. State

124 P.3d 516, 34 Kan. App. 2d 789, 2005 Kan. App. LEXIS 1263
CourtCourt of Appeals of Kansas
DecidedDecember 23, 2005
DocketNo. 93,377
StatusPublished
Cited by2 cases

This text of 124 P.3d 516 (Goldsmith v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goldsmith v. State, 124 P.3d 516, 34 Kan. App. 2d 789, 2005 Kan. App. LEXIS 1263 (kanctapp 2005).

Opinion

Rulon, C.J.:

Jack L. Goldsmith appeals the district court’s summary dismissal of the motion for DNA testing, contending the district court erred in applying the 1-year hmitation of K.S.A. 2004 Supp. 60-1507(f) to motions brought under K.S.A. 2004 Supp. 21-2512. We reverse and remand for further proceedings.

Underlying Facts

The long and sordid history of this case does not need to be recounted here. However, a brief overview of the procedural history of this case may prove illuminating.

In October 1997, Goldsmith was charged with aggravated kidnapping, aggravated burglary, rape, and aggravated criminal sodomy. In the course of tire investigation of these alleged crimes, the State obtained a substantial amount of physical evidence, including blood and saliva samples and bodily fluid swabs from Goldsmith and the victim. Subsequent testing of selected items revealed no seminal fluid or blood which connected Goldsmith to the crime or the victim to items discovered in Goldsmith’s residence. A stipulation to this effect was read to the jury. Nevertheless, the jury convicted Goldsmith of all charged crimes.

Following sentencing, Goldsmith filed a motion for DNA testing. In the motion, Goldsmith alleged that physical evidence was seized which the laboratories of the Kansas Bureau of Investigation [790]*790were unable to analyze but which the Federal Bureau of Investigation could analyze. Goldsmith alleged such physical evidence, when analyzed, would prove exculpatory. The district court summarily denied Goldsmith's request for DNA testing without explanation.

In his direct appeal to this court, Goldsmith raised the issue of DNA testing. This court did not grant any relief because Goldsmith had not identified the district court’s ruling with respect to the DNA testing in his notice of appeal. See State v. Goldsmith, No. 82,065, unpublished opinion filed April 28, 2000, slip op. at 6. Our Supreme Court denied review on July 13, 2000.

On August 21, 2000, Goldsmith filed another 1507 motion. In this motion a claim for DNA testing was again made. In addition, a motion for DNA testing was filed. The district court denied Goldsmith’s requested relief for DNA testing, citing Mebane v. State, 21 Kan. App. 2d 533, 902 P.2d 494, rev. denied 258 Kan. 859 (1995), and finding the State’s evidence of guilt was not weak. Goldsmith again appealed this decision to this court. Affirming the summary dismissal of Goldsmith’s claims, this court said of the DNA testing issue:

“In his direct appeal, this court addressed Goldsmith’s claim that there was insufficient evidence for his conviction, as well as his claim for ineffective assistance of counsel and his request for DNA testing. This court affirmed Goldsmith’s convictions, finding that the evidence in support of the convictions was overwhelming and that Goldsmith’s trial counsel was effective. In affirming the trial court’s denial of Goldsmith’s motion for DNA testing, this court found that Goldsmith had acquiesced in his trial counsel’s strategy to emphasize the State’s lack of physical evidence connecting him to the crime.
“Supreme Court Rule 183(d) (2001 Kan. Ct. R. Annot. 210) provides that the court ‘shall not entertain a second or successive motion for relief on behalf of the same prisoner’ when the same ground(s) for relief was determined adversely to the applicant in a prior application, the prior determination was on the merits, and the ends of justice would not be served by reaching the merits on subsequent application.
“The trial court and this court have already considered and rejected Goldsmith’s motion for DNA testing. The prior determination was made on the merits, and the ends of justice would not be served by reaching the merits again. Goldsmith raises several issues in his analysis of the trial court’s denial of his current motion for DNA testing. However, Goldsmith fails to address the fundamental issue of [791]*791why the appellate court should consider the issue again in light of Supreme Court Rule 183(d).
“Goldsmith’s argument for DNA testing relies on Mebane v. State, 21 Kan. App. 2d 533, 902 P.2d 494 (1995). This case was published nearly 3 years before Goldsmith’s crimes were committed. Thus, he could have argued Mebane before now. Accordingly, tire trial court properly denied Goldsmith’s motion for DNA testing.” Goldsmith v. State, No. 86,692, unpublished opinion filed November 27, 2002, slip op. at 2-4.

Once again, our Supreme Court denied Goldsmith’s petition for review of this court’s decision.

Finally, Goldsmith filed the current action requesting DNA testing under K.S.A. 2004 Supp. 21-2512, on June 23, 2004. Treating the request as a motion brought under K.S.A. 2004 Supp. 60-1507, the district court summarily denied the motion, finding it was not timely filed within 1 year of the Kansas Supreme Court’s denial of Goldsmith’s petition for review in his last 1507 proceeding as required in K.S.A. 2004 Supp. 60-1507(f).

Right to DNA Testing

The sole issue raised in this appeal concerns the district court’s dismissal of Goldsmith’s request for DNA testing under 21-2512 as untimely under 60-1507. This issue presents a question of statutory interpretation, which is subject to unlimited review. See State v. Maass, 275 Kan. 328, 330, 64 P.3d 382 (2003).

“(a) Notwithstanding any other provision of law, a person in state custody, at any time after conviction for murder as defined by K.S.A. 21-3401, and amendments thereto, or for rape as defined by K.S.A. 21-3502, and amendments thereto, may petition the court that entered the judgment for forensic DNA testing (deoxyribonucleic acid testing) of any biological material that:
(1) Is related to the investigation or prosecution that resulted in the conviction;
(2) is in tire actual or constructive possession of the state; and
(3) was not previously subjected to DNA testing, or can be subjected to retesting with new DNA techniques that provide a reasonable likelihood of more accurate and probative results.
“(b)(1) The court shall notify the prosecuting attorney of a petition made under subsection (a) and shall afford the prosecuting attorney an opportunity to respond.

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Cite This Page — Counsel Stack

Bluebook (online)
124 P.3d 516, 34 Kan. App. 2d 789, 2005 Kan. App. LEXIS 1263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldsmith-v-state-kanctapp-2005.