State v. Myers

Summary

The Nebraska Supreme Court reviewed James E. Myers’ motion for DNA testing under the Nebraska DNA Testing Act and his request for appointed counsel. The court held that the district court improperly applied standards governing post-testing relief when deciding whether to order testing, reversed the denials, and remanded for reconsideration under the correct statutory framework. The court also held that Myers’ claim concerning alleged withholding of biological evidence was outside the scope of the DNA Testing Act proceeding.

Holdings

1. The district court erred by applying the more demanding standards governing relief available after DNA testing, rather than determining only whether the requirements of Neb. Rev. Stat. § 29-4120(5) were satisfied. Because the order did not clearly show that the denial rested solely on the proper threshold standard, the order had to be reversed and remanded.
2. The denial of appointment of counsel was reversed and remanded for the district court to determine whether Myers made the required showing that DNA testing may be relevant to his claim of wrongful conviction.
3. A claim that the prosecution improperly withheld evidence is not properly presented in a motion for DNA testing under the DNA Testing Act, and the district court need not consider that argument on remand.

Questions Presented

1. Whether the district court applied the correct statutory standard in denying Myers's motion for DNA testing under Neb. Rev. Stat. § 29-4120(5).
2. Whether the denial of Myers's motion for appointment of counsel should be reconsidered under the proper DNA Testing Act standard.
3. Whether Myers's claim that the prosecution improperly withheld biological evidence could be litigated in a motion for DNA testing under the DNA Testing Act.

Disposition

reversed_and_remanded