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

Neb. Rev. Stat. § 29-4123 (2026)

DNA testing results; effect

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the person's attorney.

(2) Upon receipt of the results of such testing, any party may request a hearing before the court when such results exonerate or exculpate the person. Following such hearing, the court may, on its own motion or upon the motion of any party, vacate and set aside the judgment and release the person from custody based upon final testing results exonerating or exculpating the person.

(3) If the court does not grant the relief contained in subsection (2) of this section, any party may file a motion for a new trial under sections 29-2101 to 29-2103.

Notes of Decisions
Cited in 22 cases (6 in the last 5 years), 2003–2023 · leading case: State v. Bronson, 672 N.W.2d 244 (Neb. 2003).
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State v. Bronson, 672 N.W.2d 244 (Neb. 2003). · cites it 29× “Section 29-4123 provides: (1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the person’s attorney.”
State v. Buckman, 675 N.W.2d 372 (Neb. 2004). · cites it 12× “Buckman’s motions for relief are brought pursuant to § 29-4123, which provides: (1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the…”
State v. Amaya, 938 N.W.2d 346 (Neb. 2020). · cites it 23× “Neb. Rev. Stat. § 29-4123 (2) (Reissue 2016) of the DNA Testing Act allows a court to vacate the judgment and release the person from custody only when the DNA test results “exonerate or exculpate the person.”
State v. Poe, 717 N.W.2d 463 (Neb. 2006). · cites it 9× “We note that § 29-4123 of the DNA Testing Act provides: (2) Upon receipt of the results of such [DNA] testing, any party may request a hearing before the court when such results exonerate or exculpate the person.”
State v. Pratt, 733 N.W.2d 868 (Neb. 2007). · cites it 10× “Rather, Pratt alleged that he intended to use the results of the requested DNA testing of new evidence to vacate his convictions pursuant to § 29-4123 or to seek a new trial pursuant to Neb.”
State v. Myers, 919 N.W.2d 893 (Neb. 2018). · cites it 2× “It quoted, with emphasis, when a motion to vacate and set aside the judgment under § 29-4123(2) may be granted. It also quoted language from Buckman , highlighting that vacating or setting aside a judgment was intended "to apply to those cases in which DNA test results…”
State v. Harris, 948 N.W.2d 736 (Neb. 2020). · cites it 3× “HARRIS proceedings or proceedings under the DNA Testing Act any less civil in nature.”
State v. Pratt, 842 N.W.2d 800 (Neb. 2014). · cites it 4× “2007 Motion to Vacate/New Trial After 2005 Test R esults Based on the presence of an unidentified male’s DNA on the rape victim’s shirt, in 2007, Pratt filed a motion under § 29-4123 to vacate and set aside his conviction or, in the alter- native, for new trial.”
State v. Robbins, 900 N.W.2d 745 (Neb. 2017). · cites it 2× “19 Section 29-4123 states that after the receipt of the results of the DNA testing, a party may request a hearing before the court “when such results exonerate or exculpate the person.”
State v. El-Tabech, 696 N.W.2d 445 (Neb. 2005). · cites it 5× “Section 29-4123 provides guidance for dealing with the results of such testing: (2) Upon receipt of the results of such testing, any party may request a hearing before the court when such results exonerate or exculpate the person.”
State v. Boppre, 995 N.W.2d 28 (Neb. 2023). “We summarily affirmed that denial. 19 2. Current Motion for New Trial In December 2018, Boppre filed his third motion for new trial, which is the subject of this appeal.”
State v. Cisneros, 704 N.W.2d 550 (Neb. Ct. App. 2005). · cites it 3× “2d 244 (2003), the Supreme Court applied Gibbs and Milenkovich and held that although the defendant had the option to move for a new trial based on DNA evidence under Neb. Rev. Stat. § 29-4123 (3) (Cum. Supp.”
Show all 22 citing cases →
Neb. Rev. Stat. § 29-4123(1): 1 case
State v. Poe, 717 N.W.2d 463 (Neb. 2006). “We note that § 29-4123 of the DNA Testing Act provides: (2) Upon receipt of the results of such [DNA] testing, any party may request a hearing before the court when such results exonerate or exculpate the person.”
Neb. Rev. Stat. § 29-4123(2): 17 cases
State v. Bronson, 672 N.W.2d 244 (Neb. 2003). “Section 29-4123 provides: (1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the person’s attorney.”
State v. Buckman, 675 N.W.2d 372 (Neb. 2004). “Buckman’s motions for relief are brought pursuant to § 29-4123, which provides: (1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the…”
State v. Pratt, 733 N.W.2d 868 (Neb. 2007). “Rather, Pratt alleged that he intended to use the results of the requested DNA testing of new evidence to vacate his convictions pursuant to § 29-4123 or to seek a new trial pursuant to Neb.”
State v. Amaya, 938 N.W.2d 346 (Neb. 2020). “Neb. Rev. Stat. § 29-4123 (2) (Reissue 2016) of the DNA Testing Act allows a court to vacate the judgment and release the person from custody only when the DNA test results “exonerate or exculpate the person.”
State v. Myers, 919 N.W.2d 893 (Neb. 2018). “It quoted, with emphasis, when a motion to vacate and set aside the judgment under § 29-4123(2) may be granted. It also quoted language from Buckman , highlighting that vacating or setting aside a judgment was intended "to apply to those cases in which DNA test results…”
Neb. Rev. Stat. § 29-4123(3): 9 cases
State v. Bronson, 672 N.W.2d 244 (Neb. 2003). “Section 29-4123 provides: (1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the person’s attorney.”
State v. Buckman, 675 N.W.2d 372 (Neb. 2004). “Buckman’s motions for relief are brought pursuant to § 29-4123, which provides: (1) The results of the final DNA or other forensic testing ordered under subsection (5) of section 29-4120 shall be disclosed to the county attorney, to the person filing the motion, and to the…”
State v. Amaya, 938 N.W.2d 346 (Neb. 2020). “Neb. Rev. Stat. § 29-4123 (2) (Reissue 2016) of the DNA Testing Act allows a court to vacate the judgment and release the person from custody only when the DNA test results “exonerate or exculpate the person.”
State v. Poe, 717 N.W.2d 463 (Neb. 2006). “We note that § 29-4123 of the DNA Testing Act provides: (2) Upon receipt of the results of such [DNA] testing, any party may request a hearing before the court when such results exonerate or exculpate the person.”
State v. Pratt, 842 N.W.2d 800 (Neb. 2014). “2007 Motion to Vacate/New Trial After 2005 Test R esults Based on the presence of an unidentified male’s DNA on the rape victim’s shirt, in 2007, Pratt filed a motion under § 29-4123 to vacate and set aside his conviction or, in the alter- native, for new trial.”
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