S-19-0060 State of Nebraska v. Arlyn P. Ildefonso (Appellant)
Douglas County District Court, Judge W. Russell Bowie
Attorneys: Nathan A. Liss (Office of the Attorney General, for Appellee); Arlyn P. Ildefonso (pro se)
Criminal: DNA testing; Appointment of counsel
Proceedings below: The trial court denied Appellant’s motion for DNA testing, concluding that his motion fails to provide allegations which establish that DNA testing may produce noncumulative evidence that would support his claim of actual innocence.
Issues: Appellant asserts that the trial court erred and abused its discretion when it failed to follow Neb. Rev. Stat. §§ 29-4116 to 29-4125 and order DNA testing to be performed on specific items of evidence, and thereafter, to follow other state statute DNA Testing Act protocol to include, but not be limited to: the appointment of counsel, the conducting of full and fair fact finding hearings to develop the record, and to make a judicial decision that is based upon all of the related and relevant information that is germane to the case.