State v. El-Tabech

This appeal presents the question, What procedure, if any, may a prisoner, alleging actual innocence, use to request state-funded DNA testing when the time period has passed in which to file a motion for a new trial based on newly discovered evidence? The appellant, Mohamed El-Tabech, was convicted before the availability of deoxyribonucleic acid (DNA) fingerprinting. After such testing became available, he brought a motion seeking to compel DNA testing under the discovery statutes pertaining to criminal trials. This motion was denied. Following our decision in State v. Freeman, 253 Neb. 385,…