State v. Duncan

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State v. Duncan

Additional Case Names


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Case Number
Call Date
April 27, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0565 State of Nebraska v. Daryle M. Duncan (Appellant)

Douglas County District Court, J. Russell Derr

Attorneys: Robert W. Kortus (Nebraska Commission on Public Advocacy, for Appellant) – Melissa R. Vincent (Office of the Attorney General, for Appellee)

Criminal: First degree murder; DNA Testing Act

Proceedings Below: The district court determined the DNA evidence, when considered with the evidence presented at Appellant’s trial, was not sufficiently exculpatory to warrant a new trial and denied Appellant’s motion.

Issues on Appeal: Whether the district court 1) erroneously denied Appellant’s motion for a new trial; and 2) erroneously refused to consider relevant evidence offered and received in consideration of Appellant’s claims for relief under the DNA Testing Act.

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