State v. Amaya
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The Supreme Court affirmed the judgment of the district court granting the State's motion to dismiss Appellant's motion for DNA testing under the DNA Testing Act, Neb. Rev. Stat. 29-4116 to 29-4125, holding that the district court's factual findings were not clearly erroneous, and the court did not abuse its discretion in dismissing the motion for DNA testing.
Defendant entered no contest pleas to aiding and abetting second degree murder and aiding and abetting first degree sexual assault. Defendant later filed a motion seeking DNA testing of numerous items of evidence under the DNA Testing Act. The court authorized testing on four items of evidence. After receiving the DNA test results the State moved to dismiss the proceeding, alleging that the results neither exonerated nor exculpated Defendant. The district court granted the motion to dismiss. The Supreme Court affirmed, holding that the district court properly dismissed the proceeding.
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