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STATE v. PRATT

No. S-11-760.

842 N.W.2d 800 (2014)

287 Neb. 455

STATE of Nebraska, Appellee, v. Juneal Dale PRATT, Appellant.

Supreme Court of Nebraska.

Filed February 21, 2014.

Attorney(s) appearing for the Case

Tracy L. Hightower-Henne , of Hightower Reff Law, L.L.C., for appellant.

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

Amy A. Miller for amicus curiae American Civil Liberties Union Foundation of Nebraska.

HEAVICAN, C.J., Wright, Connolly, Stephan, McCormack, and Miller-Lerman, JJ.

McCormack, J.

NATURE OF CASE

Under the DNA Testing Act, an inmate seeks retesting of DNA evidence relating to his 1975 convictions of robbery, rape, and sodomy. Previous DNA testing in 2005 revealed that at least one stain of biological material was from a male who was not the defendant. However, the testing conducted in 2005 could not distinguish between semen and epithelial cells in older materials. Furthermore, there was evidence that the materials had...

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