Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-4119 (2026)

Exculpatory evidence, defined

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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).
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State v. Poe, 717 N.W.2d 463 (Neb. 2006). · cites it 5× “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). · cites it 2× “” § 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). · cites it 2× “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). · cites it 2× “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, 900 N.W.2d 745 (Neb. 2017). · cites it 4× “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. White, 740 N.W.2d 801 (Neb. 2007). “” § 29-4119. As noted above, DNA test results that excluded both White and Winslow could raise serious doubts regarding the testimony of the main witnesses against White.”
State v. Amaya, 938 N.W.2d 346 (Neb. 2020). “16 Instead, the State sought to dismiss the DNA testing proceeding, arguing the results of the DNA testing did not exonerate or exculpate Amaya and he was not entitled to relief.”
State v. Myers, 937 N.W.2d 181 (Neb. 2020). “Dean, 270 Neb. 972 , 708 N.W.2d 640 (2006). 21 Id.”
State v. Pratt, 842 N.W.2d 800 (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”).”
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