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

Neb. Rev. Stat. § 29-4123 (2026)

DNA testing results; effect

✓ current as of July 2026
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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, 305 Neb. 36 (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, 301 Neb. 756 (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, 307 Neb. 237 (Neb. 2020). · cites it 3× “In Bronson, we held that these motions were separate and distinct from the proceedings under Neb. Rev. Stat. § 29-4123 (2) (Reissue 2016) of the DNA Testing Act such that an appeal arising from a motion to vacate and set aside a judgment under § 29-4123(2) does not deprive a…”
State v. Pratt, 287 Neb. 455 (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, 297 Neb. 503 (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). “203 motions, finding that even though testing of the bloodstain showed genetic markers consistent with the DNA profile of Yellowboy, such evidence was not exculpatory for Boppre because Yellowboy was known to be a frequent visitor to the Valdez home.”
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, 305 Neb. 36 (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, 301 Neb. 756 (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, 305 Neb. 36 (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, 287 Neb. 455 (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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