Nebraska § 29-4119 Exculpatory evidence, defined

Nebraska Statutes

§ 29-4119 — Exculpatory evidence, defined

Nebraska § 29-4119

Ch. 29Criminal Procedure

This text of Nebraska § 29-4119 (Exculpatory evidence, defined) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 29-4119 (2026).

Text

For purposes of the DNA Testing Act, exculpatory evidence means evidence which is favorable to the person in custody and material to the issue of the guilt of the person in custody.

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Legislative History

Source: Laws 2001, LB 659, § 4. Annotations: DNA testing results that excluded a prisoner as a source of semen found on the victim at the time of her death did not fit within the definition of exculpatory evidence, because the prisoner was not charged with sexual assault, and his exclusion as a source of semen was not material to whether he was guilty of murder or of using a weapon to commit a felony. State v. Buckman, 311 Neb. 304, 971 N.W.2d 791 (2022).