State v. Pratt
287 Neb. 455
| Neb. | 2014Background
- Pratt was convicted in 1975 of sodomy, forcible rape, and robberies based on eyewitness and circumstantial evidence.
- DNA testing in 2005 could not distinguish semen from epithelial DNA due to unstable enzymes and legacy handling of evidence.
- Pratt filed a 2007 motion to vacate or for a new trial after new testing could potentially exonerate him; district court denied.
- Pratt again moved for DNA testing in 2011, supported by a forensic expert affidavit describing more advanced methods.
- The district court denied the 2011 motion; the Court of Appeals reversed, and the Nebraska Supreme Court granted review.
- The Act (Neb. Rev. Stat. § 29-4120 et seq.) governs when ordered testing may be obtained and the standards for safeguarding biological material.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prong one of § 29-4120(5) was satisfied. | Pratt showed testing was not available at trial via new techniques. | State argued the first prong was not clearly established. | Prongs 1–3 were met; testing appropriate on remand. |
| Whether prong two (integrity of preserved material) was satisfied. | Evidence has been safeguarded against tampering. | The State maintained evidence in cardboard box with multiple handlers. | Prong two was not met; district court erred on integrity finding. |
| Whether prong three (exculpatory or noncumulative evidence) supports retesting. | New testing could yield exculpatory results exonerating Pratt. | Testing would not necessarily produce exculpatory evidence. | Yes, testing may produce exculpatory evidence; retesting warranted. |
Key Cases Cited
- State v. White, 274 Neb. 419, 740 N.W.2d 801 (2007) (Nebraska 2007) (DNA testing may exculpate where semen evidence could negate guilt)
- State v. Winslow, 274 Neb. 427, 740 N.W.2d 794 (2007) (Nebraska 2007) (DNA testing of semen evidence may be exculpatory)
- State v. Buckman, 267 Neb. 505, 675 N.W.2d 372 (2004) (Nebraska 2004) (discusses standards for DNA testing and exculpatory potential)
- State v. Phelps, 273 Neb. 36, 727 N.W.2d 224 (2007) (Nebraska 2007) (references chain-of-custody and integrity in DNA testing)