Summary
The Nebraska Supreme Court held that the Nebraska DNA Testing Act did not authorize pharmacogenetic testing through a buccal swab to determine the defendant’s ability to metabolize Zoloft. The court concluded that the district court committed plain error by granting the motion for DNA testing and reversed, remanding with directions to dismiss. The case involved Randall R. Robbins’ effort to obtain post-conviction or sentencing relief based on alleged medication-related effects.
Topics
Practice areas
Questions Presented
- Whether the Nebraska DNA Testing Act authorizes pharmacogenetic testing of a defendant's buccal swab to determine the defendant's metabolism of prescription medication.
- Whether evidence that a defendant is an intermediate metabolizer of Zoloft constitutes exculpatory evidence under the DNA Testing Act when it does not bear on the defendant's identity or exclude the defendant as a contributor to crime-scene DNA.
- Whether the district court committed plain error by granting Robbins's motion for DNA testing.
Holdings
- The Nebraska DNA Testing Act does not authorize DNA testing of a defendant's person for the purpose of determining the defendant's metabolism of prescription medication.
- Evidence concerning a defendant's metabolism of prescription drugs, when it has no bearing on identity, is not exculpatory evidence under the DNA Testing Act.
- The district court committed plain error by granting Robbins's motion for DNA testing because the requested pharmacogenetic testing was plainly outside the Act's scope.
Key quotations
“As this is a question of statutory interpretation, we hold that the Act does not apply to DNA testing of the defendant’s person for the purpose of determining the defendant’s metabolism of prescription medication.” (517)
“We hold that the district court committed plain error in granting Robbins’ motion for DNA testing.” (519)
Factual background
Robbins pleaded guilty to second degree murder after strangling his girlfriend, Brittany Eurek, and was sentenced to 40 to 60 years' incarceration. He later obtained pharmacogenetic testing from a buccal swab, which showed that he was an intermediate metabolizer of Zoloft and might require a lower-than-standard dosage. Expert testimony did not establish a causal connection between that metabolic status, Zoloft use, and the homicide, and Robbins did not claim that the testing would establish that he was not the person who committed the killing.
Procedural history
Robbins pleaded guilty to second degree murder and was sentenced in 2003 to 40 to 60 years' incarceration. The Nebraska Court of Appeals affirmed his conviction and sentence. In 2012, Robbins sought postconviction relief, a new trial based on newly discovered evidence, and DNA testing; the district court denied the first two requests but granted testing. After pharmacogenetic testing showed that Robbins was an intermediate metabolizer of Zoloft, the district court denied his motion for a new trial or new sentencing hearing. The Nebraska Supreme Court reversed on plain-error grounds and remanded with directions to dismiss.
Remand instructions
Remand to the Lancaster County District Court with directions to dismiss Robbins's motion for DNA testing.