- 157 -

Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

STATE v. JACOB

Cite as 310 Neb. 157

State of Nebraska, appellee, v. 

Steven Jacob, appellant.

___ N.W.2d ___

Filed September 17, 2021. No. S-20-584.

supplemental opinion

Appeal from the District Court for Lancaster County: Darla 

S. Ideus, Judge. Former opinion modified. Motion for rehearing overruled.

Steven Jacob, pro se.

Douglas J. Peterson, Attorney General, and Austin N. Relph 

for appellee.

Miller-Lerman, Cassel, Funke, and Papik, JJ.

Per Curiam.

This case is before us on a motion for rehearing filed by 

the appellant, Steven Jacob, concerning our opinion in State 

v. Jacob, 309 Neb. 401, 960 N.W.2d 327 (2021). We find no 

substantive merit to Jacob’s motion and overrule it, but modify 

the opinion as follows:

In the background section, under the subheading “Motion 

for DNA Testing,” we withdraw the last sentence of the first 

paragraph, id. at 405, 960 N.W.2d at 331, and substitute the 

following:

Jacob argued that with current methods of retrieving 

DNA from shell casings, the DNA on the shell casings 

Nebraska Supreme Court Online Library

www.nebraska.gov/apps-courts-epub/

10/22/2021 12:08 AM CDT
- 158 -

Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

STATE v. JACOB

Cite as 310 Neb. 157

could “identify who took and loaded the firearm from 

[his] office” and is exculpatory because it “shows the 

Llama 9mm handgun used in the shooting was NOT in 

[his possession] at the time of and preceeding [sic] the 

shooting.”

In the background section, under the subheading “Motion 

for DNA Testing,” we withdraw the last sentence of the second 

paragraph, id., and substitute the following:

Thus, according to Jacob, that person’s DNA could be 

present on the shell casings found by the police.

In the background section, under the subheading “Motion to 

Alter or Amend,” we withdraw the fourth sentence of the first 

paragraph, id. at 408, 960 N.W.2d at 333, and substitute the 

following:

In regard to DNA testing on the shell casings, Jacob 

reasserted his argument that because he only kept four 

cartridges loaded in the gun, and because the police found 

six shell casings and one unfired cartridge, the person 

who fired the gun would have had to insert more cartridges, meaning that the DNA of the shooter could be on 

the shell casings found at the crime scene.

In the analysis section, under the subheading “Denial of 

Jacob’s Motion for DNA Testing,” we withdraw the third 

paragraph, id. at 413, 960 N.W.2d at 335, and substitute the 

following:

Jacob claims the requested testing on the shell casings 

would show other individuals’ DNA on the shell casings, 

which would prove that he was not the shooter. Jacob 

also claims the requested testing on the gauze would 

show the presence of Etherton’s DNA, ultimately giving Hopper a motive to shoot Etherton. We agree with 

the district court’s conclusion that even if we were to 

assume that Jacob’s DNA was absent from the items, 

or that the DNA of Hopper, Etherton, or Ingram was 

present on those items, such results would not provide 
- 159 -

Nebraska Supreme Court Advance Sheets

310 Nebraska Reports

STATE v. JACOB

Cite as 310 Neb. 157

noncumulative exculpatory evidence that Jacob did not 

fire the shots.

The remainder of the opinion shall remain unmodified.

Former opinion modified.

Motion for rehearing overruled.

Heavican, C.J., and Stacy and Freudenberg, JJ., not 

participating.