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STATE v. McCLAIN

No. S-12-256.

827 N.W.2d 814 (2013)

285 Neb. 537

STATE of Nebraska, appellee, v. Dontavis McClain, appellant.

Supreme Court of Nebraska.

March 22, 2013.

Attorney(s) appearing for the Case

Sean M. Conway , of Dornan, Lustgarten & Troia, P.C., L.L.O., Omaha, for appellant.

Jon Bruning , Attorney General, and Erin E. Tangeman , Lincoln, for appellee.

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

CONNOLLY, J.

I. NATURE OF THE CASE

The State charged Dontavis McClain with first degree felony murder, use of a deadly weapon to commit a felony, and conspiracy to commit robbery. These charges stemmed from the robbing and killing of a pizza delivery worker. The jury found McClain guilty on all counts. McClain argues that the court erred in receiving into evidence his confession and certain DNA reports and related testimony. McClain also argues that the...

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