State v. Betancourt-Garcia

Summary

The Nebraska Supreme Court affirmed the denial of Rosario Betancourt-Garcia’s motion for forensic DNA testing under Nebraska’s DNA Testing Act. The court held that the requested biological material was no longer in the State’s actual or constructive possession because it had been destroyed before the motion was filed, placing it outside the Act’s scope. The court also held that Betancourt-Garcia’s constitutional challenge to the destruction of evidence was not properly presented and was outside the purview of the DNA Testing Act.

Holdings

1. Biological material does not fall within the purview of the DNA Testing Act when it is not in the actual or constructive possession or control of the State or others at the time the motion is filed. Because the requested evidence had been destroyed before the motion, the district court properly denied DNA testing.
2. A constitutional challenge to the destruction of evidence is outside the purview of the DNA Testing Act, and Betancourt could not obtain appellate review of that claim because his motion did not raise it and instead alleged that the evidence remained in State custody.

Questions Presented

1. Whether the district court abused its discretion by denying Betancourt's motion for DNA testing because the requested biological material had been destroyed and was not in the actual or constructive possession or control of the State or others.
2. Whether Betancourt could raise on appeal a due process challenge based on the State's destruction of the evidence when that challenge was not presented in his motion under the DNA Testing Act.

Disposition

affirmed