State v. McDonald

NATURE OF CASE

In 1975, Joseph H. McDonald was convicted of first degree murder and sentenced to life imprisonment. The present appeal arises from the district court’s denial of McDonald’s motion for DNA testing pursuant to the DNA Testing Act (the Act), Neb. Rev. Stat. § 29-4116 et seq. (Cum. Supp. 2004). Under the Act, a court shall order testing upon a determination that, among other things, such testing was not effectively available at the time of trial. See § 29-4120(5). Because McDonald has failed to satisfy this requirement, we affirm.

BACKGROUND

The following facts are taken from our…