State v. Hale
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The Supreme Court affirmed the district court's denial of Appellant's postconviction motion for DNA testing under Nebraska's DNA Testing Act (Act), Neb. Rev. Stat. 29-4116 et seq., holding that Appellant did not meet his burden of showing that DNA testing may produce noncumulative, exculpatory evidence relevant to his claim that he was wrongfully convicted.
Defendant was convicted of first degree murder and sentenced to life imprisonment. The Supreme Court affirmed on appeal. Appellant later filed a motion for DNA testing pursuant to the Act requesting DNA testing of four swabs of apparent blood taken from the victim's home and a buccal swab obtained from another individual that had been observed in the area. The district court denied the motion, determining that the requested testing would not produce noncumulative, exculpatory evidence. The Supreme Court affirmed, holding the district court did not err in denying Defendant's motion on the grounds that Defendant's request for DNA testing did not satisfy the requirements of Neb. Rev. Stat. 29-4120(5)(c).
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