State v. Jacob - supplemental opinion
310 Neb. 157
| Neb. | 2021Background
- This is a supplemental per curiam opinion resolving Steven Jacob’s motion for rehearing of State v. Jacob, 309 Neb. 401, 960 N.W.2d 327 (2021).
- Jacob (pro se) sought postconviction DNA testing of shell casings and gauze recovered at the scene, arguing modern techniques could recover DNA identifying who loaded/fired the weapon and thus exculpate him.
- Jacob emphasized that he kept only four cartridges in the gun but police recovered six spent casings and one unfired cartridge, arguing a second person must have loaded/fired additional rounds.
- The district court denied Jacob’s motion for DNA testing and his motion to alter or amend; Jacob sought rehearing before the Nebraska Supreme Court.
- The Supreme Court modified portions of its prior opinion to clarify Jacob’s DNA-testing and cartridge-count arguments, rejected Jacob’s contentions as lacking substantive merit, and overruled the motion for rehearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether rehearing should be granted to alter the prior opinion | Jacob argued parts of the opinion misstated or omitted his claims and requested clarification/modification | State opposed rehearing; supported original disposition | Court overruled rehearing but issued targeted modifications to the prior opinion’s wording |
| Whether court-ordered DNA testing of shell casings should be authorized | Jacob: modern DNA testing could show others’ DNA on casings, proving he did not fire the shots | State: even if other DNA were found or Jacob’s DNA absent, results would not be noncumulative exculpatory evidence that he was not the shooter | Court affirmed denial of DNA testing — results would not provide noncumulative exculpatory evidence |
| Whether DNA testing of gauze would yield exculpatory evidence (motive theory) | Jacob: gauze testing might show Etherton’s DNA, supporting a theory that Hopper had motive to shoot Etherton | State: testing would not produce noncumulative exculpatory evidence sufficient to undermine guilt | Court agreed with district court and denied testing as not producing noncumulative exculpatory evidence |
| Whether Jacob’s cartridge-count argument (he kept four cartridges; six casings found) mandates relief | Jacob: extra casings show another person had to load/fire, so their DNA on casings would exculpate him | State: numerical discrepancy alone does not produce noncumulative exculpatory evidence tying another person to the shooting | Court rejected this as a basis for DNA testing or relief; denial affirmed |
Key Cases Cited
- State v. Jacob, 309 Neb. 401, 960 N.W.2d 327 (Neb. 2021) (supplemental opinion modifying prior language and affirming denial of requested DNA testing)