State v. Duncan
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The Supreme Court affirmed the order of the district court denying Defendant's motion for a new trial, holding that there was no merit to Defendant's arguments.
Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. In his motion for a new trial, Defendant argued that new DNA evidence obtained through the DNA Testing Act that was acquired from two billfolds found near the victim's body warranted a new trial. The trial court disagreed, concluding that the DNA evidence, when considered with the evidence previously presented at Defendant's trial, did not warrant a new trial. The Supreme Court affirmed, holding (1) the district court did not err by not considering evidence that was not presented to the jury at Defendant's former trial and was not newly discovered DNA or similar forensic testing evidence; and (2) the district court did not err in concluding that the DNA testing results probably would not have produced a substantially different result had they been presented at Defendant's former trial.
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