A-15-798, State v. Fair (Appellant)
Lancaster County, District Court Judge John A. Colborn
Attorney for Appellant: Robert W. Kortus (Nebraska Commission on Public Advocacy)
Attorney for Appellee: Douglas J. Peterson, Stacy M. Foust (Attorney General's Office)
Civil Action: DNA Testing Act
Action Taken by Trial Court: The district court determined that the DNA evidence was inconclusive and did not meet the standard for exculpatory or exonerating evidence. The district court also denied the appellant a new trial because the court found that it was unlikely that the DNA evidence would have produced a substantially different result.
Assignments of Error on Appeal: The appellant contends the district court abused its discretion and consideration of inconclusive DNA testing results in denying relief of exoneration or a new trial; in overruling his motion to vacate under the DNA Testing Act; and in overruling his motion for new trial under the DNA Testing Act.