State v. Jacob - supplemental opinion, 310 Neb. 157

Steven Jacob, pro se, sought DNA testing of shell casings and gauze related to a shooting; he argued modern DNA methods could identify who loaded and fired the firearm and potentially exculpate him.
Jacob emphasized that he kept only four cartridges in the gun but police recovered six shell casings and one unfired cartridge, suggesting another person may have loaded/fired additional rounds.
He argued DNA on the shell casings could show someone else’s DNA (not his) and DNA on gauze could show the victim Etherton’s DNA, supporting an alternative theory implicating Hopper.
The district court denied Jacob’s requests for DNA testing; the State opposed testing, arguing any results would not produce noncumulative exculpatory evidence proving Jacob did not shoot.
The Nebraska Supreme Court issued an opinion (State v. Jacob, 309 Neb. 401), then considered and denied Jacob’s motion for rehearing; the Court modified portions of the opinion to clarify Jacob’s DNA-based arguments.
The Court concluded that even if testing showed absence of Jacob’s DNA or presence of others’ DNA, such results would not supply noncumulative exculpatory evidence that Jacob did not fire the shots.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court should order DNA testing of the shell casings	Modern DNA methods could identify who loaded/fired the gun and show the gun was not in Jacob’s possession	Testing would not produce noncumulative exculpatory evidence proving Jacob did not shoot	Denied; testing would not yield noncumulative exculpatory evidence sufficient to exonerate Jacob
Whether the court should order DNA testing of gauze	Gauze testing could show Etherton’s DNA, supporting a theory that Hopper had motive to shoot Etherton	Same: results would not be noncumulative or dispositive of Jacob’s guilt	Denied; testing would not produce noncumulative exculpatory evidence
Whether absence of Jacob’s DNA or presence of others’ DNA on items would prove he was not the shooter	Absence/presence would exonerate Jacob by proving someone else loaded/fired the weapon	DNA results alone would not establish who fired the shots or exclude Jacob as the shooter	Rejected; such DNA results would not conclusively prove Jacob did not fire the shots
Whether the Supreme Court should grant Jacob’s motion for rehearing and alter its opinion	Sought clarification/emphasis of his DNA arguments and requested modification of the opinion’s wording	State opposed rehearing/modifications	Motion for rehearing overruled; opinion modified in limited respects to clarify Jacob’s claims

State v. Jacob, 309 Neb. 401 (Neb. 2021) (appellate decision addressing request for postconviction DNA testing; motion for rehearing denied and opinion modified)