STATE v. PHELPS

No. S-06-226.

727 N.W.2d 224 (2007)

273 Neb. 36

STATE of Nebraska, appellee, v. David C. PHELPS, appellant.

Supreme Court of Nebraska.

February 2, 2007.


Attorney(s) appearing for the Case

Jeanne A. Burke and James E. Reisinger, Omaha, of Iowa/Nebraska Innocence Project, for appellant.

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

WRIGHT, CONNOLLY, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


WRIGHT, J.

NATURE OF CASE

David C. Phelps was convicted and sentenced to life imprisonment for the 1987 kidnapping of Jill Cutshall. In accordance with the DNA Testing Act, Neb.Rev.Stat. §§ 29-4116 through 29-4125 (Cum.Supp. 2006), Phelps seeks DNA testing of certain items of Cutshall's clothing found by a hunter in a wooded area 3 months after her disappearance. Phelps claims the clothing may contain biological evidence with DNA from a male individual...

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