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Electrifying capital issue from Nebraska (on path to GVR?)

By Douglas A. Berman

This local story provides this electrifying news about Nebraska's death penalty system:The Nebraska Supreme Court on Wednesday refused to reconsider its decision that electrocution is unconstitutional.  The decision was handed down by the court in response to Attorney General Jon Bruning?s request for another hearing in the case. The court did not explain its decision. It didn?t come as a surprise ? Bruning had said he didn?t expect judges who made the landmark decision to change their minds.  ?Nebraskans overwhelmingly support the death penalty. We?ll do everything possible to ensure the sentences of the state?s worst murderers are carried out,? he said Wednesday. His office plans to appeal to the U.S. Supreme Court.If and when the Nebraska AG seeks cert on this issue, I think the US Supreme Court would be inclined to GVR the case back to the state courts after the Justices establish a general legal standard for method of execution cases in Baze...continue to full post

Full post as published by Sentencing Law and Policy on April 10, 2008 (boomark / email).