STATE v. WHITE

No. S-06-919.

740 N.W.2d 801 (2007)

274 Neb. 419

STATE of Nebraska, appellee, v. Joseph Edgar WHITE, appellant.

Supreme Court of Nebraska.

November 2, 2007.


Attorney(s) appearing for the Case

Douglas J. Stratton, of Stratton & Kube, P.C., Norfolk, for appellant.

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

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


MILLER-LERMAN, J.

NATURE OF CASE

Joseph Edgar White appeals the order of the district court for Jefferson County which denied White's motion for DNA testing filed under the DNA Testing Act, Neb.Rev.Stat. §§ 29-4116 through 29-4125 (Cum.Supp.2006). The district court determined that testing would not result in noncumulative, exculpatory evidence and denied DNA testing. We conclude that the district court...

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