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STATE v. POE

Nos. S-02-351, S-02-433.

665 N.W.2d 654 (2003)

266 Neb. 437

STATE of Nebraska, Appellee, v. Stanley POE, also known as Stanley A. Poe, Appellant.

Supreme Court of Nebraska.

July 25, 2003.

Attorney(s) appearing for the Case

Matthew L. McBride for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

HENDRY, C.J.

I. INTRODUCTION

Stanley Poe appeals from an order of the Douglas County District Court denying his motion requesting forensic DNA testing of a cigarette butt found at the scene of a 1990 robbery for which Poe was convicted. Pursuant to Neb.Rev.Stat. § 24-1106(2) (Reissue 1995), we granted Poe's petition to bypass.

II. FACTUAL BACKGROUND

Poe was convicted of robbery after a jury trial on October 11, 1990. After an enhancement...

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