Appeal from the District Court for Douglas County: PETER C. BATAILLON, Judge.
Michael J. Wilson, of Schaefer Shapiro, L.L.P., and Tracy Hightower-Henne, of Hightower Reff Law, for appellant.
Jon Bruning, Attorney General, and J. Kirk Brown for appellee.
HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.
[287 Neb. 750] McCormack, J.
NATURE OF CASE
Antoine D. Young appeals the order of the district court for Douglas County which denied Young's motion for DNA testing filed under the DNA Testing Act. The district court determined that Young had failed to provide sufficient evidence for the district court to make the three factual determinations required under Neb. Rev. Stat. § 29-4120(5) (Reissue 2008). We affirm.
On the afternoon of August 25, 2007, Ray S. Webb was fatally shot in Omaha, Nebraska. Two prosecution witnesses testified that they observed Young approach Webb's vehicle and fire the fatal shots from a handgun. Another prosecution witness testified that after hearing what he first thought were fireworks, he turned and saw a bearded man dressed in black standing at the driver's side of Webb's vehicle. Three defense witnesses testified that they witnessed the shooting and that the shooter was not Young. Young testified that he was not present at the shooting because he spent the afternoon at a family gathering.
During the investigation of the shooting, officers recovered a long-sleeved, black T-shirt from a grassy area near the shooting. Officers also found several shell casings.
Neither the black T-shirt nor the shell casings have ...