TOPEKA, Kan. (WIBW) – The Wyandotte Co. Court has been ordered to hear arguments on whether a murder victim’s clothes with possible DNA evidence should be tested or not.

The Kansas Supreme Court says that in the matter of Appeal No. 124,071: State of Kansas v. Patrick Angelo Jr., it affirmed part and reversed part of a summary denial for Angelo’s petition for post-conviction DNA testing.

Court records indicate that Angelo was convicted of two counts of first-degree murder in Wyandotte Co. in 2005. He petitioned for DNA testing of several items in evidence – including the victim’s clothes – under state law.

The Court noted that the statute requires a district court to order DNA testing of biological material when the material meets threshold requirements for testing and DNA results may produce evidence that would clear a defendant.

In an opinion written by Justice K.J. Wall, the Court said it affirmed the district court’s summary denial of Angelo’s petition as to the items of evidence he attempted to have tested other than the victim’s clothes. This decision was made as any potential biological matter on those items did not meet requirements.

However, the Court said it did reverse the district court’s ruling that DNA testing of any presumed biological material on the clothing could not produce exculpatory evidence.

The Court said it also recognized that the parties disputed whether biological material was actually present on the clothes and that the factual…