State v. Fair

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State v. Fair

Case Number
A-15-0798
Call Date
January 18, 2017
Case Time
9:00 AM
Case Summary

A-15-798, State v. Fair (Appellant)

Lancaster County, District Court Judge John A. Colborn

Attorney for Appellant: Robert W. Kortus (Nebraska Commission on Public Advocacy)

Attorney for Appellee: Douglas J. Peterson, Stacy M. Foust (Attorney General's Office)

Civil Action: DNA Testing Act

Action Taken by Trial Court: The district court determined that the DNA evidence was inconclusive and did not meet the standard for exculpatory or exonerating evidence. The district court also denied the appellant a new trial because the court found that it was unlikely that the DNA evidence would have produced a substantially different result.

Assignments of Error on Appeal: The appellant contends the district court abused its discretion and consideration of inconclusive DNA testing results in denying relief of exoneration or a new trial; in overruling his motion to vacate under the DNA Testing Act; and in overruling his motion for new trial under the DNA Testing Act.

Case Location
Lincoln
Panel Text
Moore, Chief Judge, Inbody, and Pirtle, Judges