Armon Dixon asks Nebraska Supreme Court for mistrial - News, Weather and Sports for Lincoln, NE;

Armon Dixon asks Nebraska Supreme Court for mistrial

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By: Bill Schammert

A convicted rapist is asking the Nebraska Supreme Court for a new trial.  Armon Dixon is currently serving time for two separate rape cases.

In 2009, he raped and robbed a clerk at a north Lincoln convenience store, and a woman in her apartment.  He is currently sentenced to more than 100-years in prison.

His lawyer, Shawn Elliot, argued Tuesday that the photographic line-up given to one of the victims was unfair, and he said that she admitted she originally wasn't 100-percent confident in what the suspect looked like.

"Really, the only evidence you have that justifies a conviction is identification of the victim," Elliot said.  "There is no DNA evidence, there is no other reliable evidence that makes him responsible in this case."

The state contends Dixon looked different in the line-up photos, changing his hair from bushy as the victim described, to curly braids.

"The question is whether or not there is anything about these nine photographs to unduly focus her attention on Armon Dixon," Assistant Attorney General, Kimberly Klein, said.  "And I think, when you look at those nine photos, the answer is no."

No decision was made by the Nebraska Supreme Court on Tuesday.

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