State ex rel. Counsel for Dis. v. Smith

Nebraska Advance Sheets STATE EX REL. COUNSEL FOR DIS. v. SMITH 755 Cite as

287 Neb. 755

For the reasons stated, we hold that the district court did not abuse its discretion in denying the motion for CERA testing of the shell casings. Young failed to present evi- dence establishing that CERA testing was a new DNA test capable of producing noncumulative, exculpatory evidence and that the test was effectively unavailable at the time of his 2009 trial. CONCLUSION For the reasons stated herein, we affirm the district court’s denial of Young’s amended motion for DNA testing. Affirmed. State of…