Legal Opinion
State v. Lotter
Nebraska Supreme Court
Decided September 26, 2003No. S-02-1072, S-02-1073, S-02-1074PublishedCited by 16 opinions
1Opinion of the CourtWright, 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 trial court, and unless an abuse of discretion is shown, the trial court’s determination will not be disturbed. See State v. Bjorklund, 258 Neb. 432, 604 N.W.2d 169 (2000).
Int…
2Cases cited16 opinions
- Malloy v. HoganSupreme Court of the United States · 1964
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Enmund v. FloridaSupreme Court of the United States · 1982
- Tison v. ArizonaSupreme Court of the United States · 1987
- State v. LotterNebraska Supreme Court · 1998
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. BuckmanNebraska Supreme Court · 2004
- State v. LotterNebraska Supreme Court · 2009
- State v. LotterNebraska Supreme Court · 2022
- State v. AguilarNebraska Supreme Court · 2004
- State v. DeanNebraska Supreme Court · 2006
11 more not listed; retrieve them via the Exa API.