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Court rejects appeal over DNA tests

Wednesday, April 17, 2002 | 9:12 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The state Supreme Court Tuesday rejected an appeal of a prison inmate who claimed crucial evidence disappeared.

The court rejected the September 1998 petition of Dolan E. Klein, sentenced to two consecutive life terms plus 30 years on convictions of robbery, burglary and sexual assault in Washoe County.

Klein, in his appeal, complained that he was entitled to a new trial because filters on two cigarette butts admitted at his 1989 trial were missing. He said he wanted to have them subjected to DNA testing.

The court noted that Klein never sought DNA testing until after the filters were discovered missing, though he could have.

The court decision took 3 1/2 years to render the decision on appeal.

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