Nebraska Revised Statutes
Neb. Rev. Stat. § 29-4119 (2026)
Exculpatory evidence, defined
✓ current as of July 2026
Find cases:
SyfertCases citing this section
NE-LEGnebraskalegislature.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
For purposes of the DNA Testing Act, exculpatory evidence means evidence which is favorable to the person in custody and material to the issue of the guilt of the person in custody.
Notes of Decisions
Cited in 20
cases (4 in the last 5 years), 2003–2022 · leading case: State v. Poe, 717 N.W.2d 463 (Neb. 2006).
State v. Poe, 717 N.W.2d 463 (Neb. 2006). “Poe first asserts that the district court erred in finding that the DNA test results were not exculpatory to him and in therefore dismissing the action. The court stated in its order entered February 3, 2005, “For purposes of the Nebraska DNA Testing Act, the forensic test…”
State v. Bronson, 672 N.W.2d 244 (Neb. 2003). “” § 29-4119. Bronson argues that a trial court should grant a new trial based on newly discovered evidence obtained under the DNA Testing Act if such evidence is merely “favorable to the person in custody and material to the issue of guilt of the person in custody.”
State v. Lotter, 669 N.W.2d 438 (Neb. 2003). “Section 29-4119 defines exculpatory evidence as “evidence which is favorable to the person in custody and material to the issue of the guilt of the person in custody.”
State v. Winslow, 740 N.W.2d 794 (Neb. 2007). “Section 29-4119 defines exculpatory evidence as follows: “For purposes of the DNA Testing Act, exculpatory evidence means evidence which is favorable to the person in custody and material to the issue of the guilt of the person in custody.”
State v. Robbins, 297 Neb. 503 (Neb. 2017). “Shortly after oral arguments, we directed the parties to submit supplemental briefs addressing (1) whether the DNA test utilized by Robbins met the requirements set forth in § 29-4120(1)(b), (2) whether the Act allows testing of this type, and (3) whether the evidence regarding…”
State v. Buckman, 675 N.W.2d 372 (Neb. 2004). “§ 29-4119. Contrary to Buckman’s suggestion, this requirement is relatively undemanding for a movant seeking DNA testing and will generally preclude testing only where the evidence at issue would have no bearing on the guilt or culpability of the movant.”
State v. Dean, 708 N.W.2d 640 (Neb. 2006). “” § 29-4119. Dean asserts in his motion that the requested testing “will not produce any biological material associated with him” and thus “will stand as sufficient evidence” that he “was not the shooter.”
State v. Amaya, 305 Neb. 36 (Neb. 2020). “12 § 29-4119. 13 § 29-4123(2). 14 Id. - 44 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE v.”
State v. Myers, 304 Neb. 789 (Neb. 2020). “In that case, the defendant requested testing of the firearm used in the com- mission of the offense and argued the testing would not pro- duce any biological material associated with him, which would prove he did not handle the firearm and was not the shooter.”
State v. Pratt, 287 Neb. 455 (Neb. 2014). “Whether such evidence—if found—ultimately should be deemed exonerat- ing or exculpatory would be determined upon a motion to vacate or for new trial and after a hearing on such motion.”
State v. Poe, 665 N.W.2d 654 (Neb. 2003). “See § 29-4119 (defining exculpatory evidence as evidence “favorable to the person in custody and material to the issue of the guilt of the person in custody”).”
State v. Ildefonso, 304 Neb. 711 (Neb. 2019). “8 § 29-4119. 9 See State v. Young, 287 Neb.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.