State v. Betancourt-Garcia

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State v. Betancourt-Garcia

Case Number
Call Date
March 8, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0690 State v. Rosario Betancourt-Garcia (Appellant)

Madison County, Judge Mark A. Johnson

Attorneys: Austin N. Relph (Attorney General’s Office) --- Danielle L. Myers-Noelle (Jewell & Collins for Appellant)

Civil: Motion for Forensic DNA Testing

Proceedings below: This case was previously before the Supreme Court. See State v. Betancourt-Garcia, 295 Neb. 170 (2016). Appellant, who is serving a life sentence for kidnapping and conspiracy to commit kidnapping, filed a Motion for Forensic DNA Testing. After a hearing, the court denied the motion.

Issues: The district court erred in finding that the State did not destroy evidence in bad faith and in violation of Betancourt’s constitutional rights under the Due Process clause of the 14th Amendment to the U.S. Constitution.

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