S-11-0760, State v. Juneal Dale Pratt (Appellant)
Douglas County, Judge W. Russell Bowie
Attorneys: Tracy L. Hightower-Henne (Hightower Law LLC) (Appellant)--- James D. Smith (Attorney General’s Office) --- Amy Miller (Amicus Curiae American Civil Liberties Union Foundation of Nebraska)
Civil: Request for DNA Testing
Proceedings below: The trial court denied Appellant’s request for additional DNA testing finding (1) the materials tested were not retained under circumstances likely to safeguard the integrity of the original composition; and (2) testing would not produce exculpatory evidence relevant to the claim of wrongful conviction. Appellant filed an appeal and the Court of Appeals reversed and remanded for further proceedings. See State v. Pratt, 20 Neb. App. 434 (2013). The State filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues on Review: The Court of Appeals erred in (1) finding that biological material had been retained under circumstances likely to safeguard the integrity of the original physical composition based upon a review of the evidence since the previous motion for DNA testing; (2) concluding that DNA testing may produce noncumulative, exculpatory evidence; (3) ordering successive DNA testing.