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STATE v. LOTTER

Nos. S-02-1072, S-02-1073, S-02-1074.

669 N.W.2d 438 (2003)

266 Neb. 758

STATE of Nebraska, Appellee and Cross-Appellant, v. John L. LOTTER, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

September 26, 2003.

Attorney(s) appearing for the Case

James R. Mowbray and Jerry L. Soucie, of Nebraska Commission on Public Advocacy, for appellant.

Jon Bruning, Attorney General, and Marie Colleen Clarke for appellee.

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

WRIGHT, J.

I. NATURE OF CASE

John L. Lotter appeals from an order of the district court for Richardson County which overruled his amended motion for DNA testing pursuant to the DNA Testing Act, Neb.Rev.Stat. § 29-4116 et seq. (Cum.Supp.2002).

II. SCOPE OF REVIEW

A motion for DNA testing is similar to a motion for new trial based on newly discovered evidence. Therefore, a motion for DNA testing is addressed to the discretion of the...

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