The Nebraska Court of Appeals says a man convicted nearly four decades ago of rape should be allowed to seek new DNA testing in the case.
Juneal Pratt is serving 32-to-90 years for the rape, sexual assault and robbery of two Iowa sisters at an Omaha motel in 1975.
Pratt has maintained his innocence and asked a Douglas County District judge to allow DNA testing of the evidence collected in his case, citing the availability of new tests.
But Judge Russell Bowie denied the request in 2011, saying the evidence was not stored in a way that preserves its integrity and that it may have been contaminated by DNA from those who handled it.
But the appeals court said Tuesday that the lower court was wrong to make that conclusion.