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STATE v. EL-TABECH

No. S-04-527.

696 N.W.2d 445 (2005)

269 Neb. 810

STATE of Nebraska, appellee, v. Mohamed EL-TABECH, appellant.

Supreme Court of Nebraska.

May 13, 2005.

Attorney(s) appearing for the Case

Robert B. Creager, of Anderson, Creager & Wittstruck, P.C., Lincoln, for appellant.

Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.

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

WRIGHT, J.

NATURE OF CASE

Mohamed El-Tabech appeals from the judgment of the Lancaster County District Court which held that the results of DNA testing did not afford him relief in the form of an order vacating or setting aside his convictions and sentences or an order granting him a new trial.

SCOPE OF REVIEW

A motion for new trial based on newly discovered exculpatory evidence obtained pursuant to the DNA Testing Act, Neb.Rev.Stat. &...

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