State v. Poe

NATURE OF CASE

Subsequent to our remand in State v. Poe, 266 Neb. 437, 665 N.W.2d 654 (2003), the district court for Douglas County appointed counsel and granted Stanley Poe’s request for DNA testing of a cigarette butt found at the scene of the robbery for which Poe was convicted. A report on the DNA test results concluded that Poe could not be excluded as the contributor to biological material found on the cigarette butt, and Poe’s counsel withdrew. Thereafter, the court held a hearing and entered an order finding that the results were not exculpatory and dismissing Poe’s action brought…