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STATE v. DUNCAN

No. S-20-565.

960 N.W.2d 576 (2021)

309 Neb. 455

STATE of Nebraska, appellee, v. Daryle M. DUNCAN, appellant.

Supreme Court of Nebraska.

Filed June 11, 2021.

Attorney(s) appearing for the Case

Robert W. Kortus , of Nebraska Commission on Public Advocacy, Lincoln, for appellant.

Douglas J. Peterson , Attorney General, and Melissa R. Vincent , Lincoln, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and Papik, JJ.

In 2001, Daryle M. Duncan was convicted of first degree murder and use of a deadly weapon to commit a felony. He now appeals a district court order that denied his motion for new trial based on evidence obtained through the DNA Testing Act. Duncan challenges the district court's determination that new DNA evidence acquired from two billfolds...

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