Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Sunday, November 04, 2007
The Unicameral's boondoggle DNA testing statute's chickens come home to roost. The state convicted five defendants of robbing and murdering a 68 year old woman from Beatrice in 1985. Defendant White was convicted of murder and defendant Winslow plead to second degree murder.
Three co-defendants testified against White. Nebraska Supreme Court orders DNA testing for both the defendant who went to trial (White) and the defendant who plead (Winslow). The Supreme Court orders testing because no matter how far fetched the claim, this evidence if available could produce noncumulative, exculpatory evidence relevant to the claim that the person was wrongfully convicted or sentenced. See § 29-4120(5). Senator Chambers comments back in 2001 tell it all, the senators agreed that cost was no object.