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STATE v. McDONALD

No. S-04-516.

694 N.W.2d 204 (2005)

269 Neb. 604

STATE of Nebraska, appellee, v. Joseph H. McDONALD, appellant.

Supreme Court of Nebraska.

April 1, 2005.

Attorney(s) appearing for the Case

Stefanie A. Martinez, Omaha, for appellant.

Jon Bruning, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

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

McCORMACK, J.

NATURE OF CASE

In 1975, Joseph H. McDonald was convicted of first degree murder and sentenced to life imprisonment. The present appeal arises from the district court's denial of McDonald's motion for DNA testing pursuant to the DNA Testing Act (the Act), Neb.Rev.Stat. § 29-4116 et seq. (Cum.Supp.2004). Under the Act, a court shall order testing upon a determination that, among other things, such testing was not effectively available at...

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