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S-20-0565 State of Nebraska v. Daryle M. Duncan (Appellant)
Douglas County District Court, J. Russell Derr
Attorneys: Robert W. Kortus (Nebraska Commission on Public Advocacy, for Appellant) – Melissa R. Vincent (Office of the Attorney General, for Appellee)
Criminal: First degree murder; DNA Testing Act
Proceedings Below: The district court determined the DNA evidence, when considered with the evidence presented at Appellant’s trial, was not sufficiently exculpatory to warrant a new trial and denied Appellant’s motion.
Issues on Appeal: Whether the district court 1) erroneously denied Appellant’s motion for a new trial; and 2) erroneously refused to consider relevant evidence offered and received in consideration of Appellant’s claims for relief under the DNA Testing Act.