State v. Winslow

NATURE OF CASE

Thomas W. Winslow appeals the order of the district court for Gage County which denied Winslow’s motion for DNA testing filed under the DNA Testing Act, Neb. Rev. Stat. §§ 29-4116 through 29-4125 (Cum. Supp. 2006). The district court determined that Winslow was not eligible for DNA testing because he was convicted based on his plea of no contest. As an alternate ground for denying the motion, the district court determined that DNA testing would not result in noncumulative, exculpatory evidence. We conclude that the district court erred in both determinations, and we therefore…