Summary
The Nebraska Supreme Court issued a supplemental opinion addressing Steven Jacob’s motion for rehearing in State v. Jacob, 309 Neb. 401, 960 N.W.2d 327 (2021). The court overruled the motion but modified several portions of its former opinion concerning requested DNA testing of shell casings and gauze, leaving the remainder of the opinion unmodified.
Topics
Practice areas
Questions Presented
- Whether Jacob's motion for rehearing had substantive merit.
- Whether the former opinion should be modified to correct its descriptions of Jacob's arguments concerning DNA testing of shell casings and gauze.
- Whether assumed DNA results showing the absence of Jacob's DNA or the presence of DNA from other individuals would provide noncumulative exculpatory evidence that Jacob did not fire the shots.
Holdings
- Jacob's motion for rehearing lacked substantive merit and was overruled.
- The former opinion was modified by withdrawing and replacing specified sentences and a paragraph concerning Jacob's arguments and the analysis of the requested DNA testing; the remainder of the opinion remained unmodified.
- Even assuming Jacob's DNA was absent from the items or that DNA from Hopper, Etherton, or Ingram was present, the results would not provide noncumulative exculpatory evidence that Jacob did not fire the shots.
Key quotations
“We agree with the district court’s conclusion that even if we were to assume that Jacob’s DNA was absent from the items, or that the DNA of Hopper, Etherton, or Ingram was present on those items, such results would not provide noncumulative exculpatory evidence that Jacob did not fire the shots.” (158-159)
Factual background
Jacob sought DNA testing of shell casings and gauze, asserting that the results could identify another person who handled or loaded the firearm, show that another person fired the weapon, or provide a motive for the shooting. The supplemental opinion corrected the description of Jacob's arguments concerning the number of cartridges and shell casings. The court retained its conclusion that the requested DNA results would not constitute noncumulative exculpatory evidence proving that Jacob did not fire the shots.
Procedural history
Steven Jacob filed a motion for rehearing concerning the Nebraska Supreme Court's prior opinion in State v. Jacob, 309 Neb. 401, 960 N.W.2d 327 (2021). The court found no substantive merit in the motion, overruled it, and modified several factual statements and one analytical paragraph in the former opinion.