TOPEKA, Kan. (WIBW) – The Kansas Supreme Courtroom has permitted a motion from Justin Thurber, the man convicted of killing Jodi Sanderholm in 2007, to appoint counsel for a put up-conviction DNA test as litigation encompassing the enchantment of his convictions is ongoing.
The Kansas Supreme Court says in the circumstance of Enchantment No. 122,739: Condition of Kansas v. Justin Eugene Thurber, it reversed the Cowley Co. District Court’s selection to deny Thurber’s movement to appoint counsel for his petition for postconviction DNA screening.
According to the Court docket, the District Court made the decision that because of to Thurber’s direct enchantment being ongoing, his convictions had not turn into “final” so an try to seek out aid was premature.
On evaluate, the Court docket said it identified that Kansas law does not call for that a petitioner’s conviction be final on direct attractiveness right before the petitioner can initiate proceedings.
According to the Substantial Courtroom, it further concluded that K.S.A. 2020 Supp. 21-2512 constitutes a special legislative exception to the basic rule that a district court docket loses jurisdiction as soon as a situation has been docketed for attractiveness.
Therefore, the Courtroom stated it reversed the Cowley Co. Court’s determination and remanded the make a difference again for additional proceedings individual from ongoing litigation in excess of Thurber’s direct charm of his convictions.
Thurber was arrested in 2007 and convicted in 2009 for raping and killing Jodi Sanderholm, 19, following he stalked associates of her college dance crew. He was sentenced to demise in 2009. He despatched a letter to the editor of the Arkansas Town Traveler that stated he was harmless and there was evidence that could demonstrate it. In 2017, his lawyers argued that he was developmentally disabled, and in 2018, the Supreme Courtroom postponed his dying sentence.
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