Review of Sentences on Appeal, in Habeas Corpus Actions, and in Actions for Postconviction Relief: An Examination of Nebraska Death Sentences on Review

• NCJ Number: 174764
• Author(s): S L Auffart
• Date Published: 1996
• Length: 35 pages
• Sponsoring Agency: American Soc of Criminology
• Sale Source: University of Nebraska - Omaha
• Language: English
• Country: United States of America

Annotation

This article examines the purposes served by appeal, habeas corpus actions, and postconviction proceedings with respect to capital cases.

Abstract

This review includes only death penalty cases tried in Nebraska after 1976, and does not include every capital case in Nebraska during that period. Cases selected for review demonstrate the manner in which Nebraska and Federal courts have handled particular issues on review, including the evolution of the interpretation of certain issues and particular appellate issues which were determinative of cases. The article also attempts to relate Nebraska cases to the broader context of death penalty analyses such as the possibility of mistake in administering the death penalty. The Nebraska cases considered in this article demonstrate that the Nebraska Supreme Court has endeavored to narrowly define the statutory aggravating circumstance. However, those efforts have failed to avoid the problem of unbridled discretion when vague standards are applied to capital defendants. There is still room for the occurrence of mistakes which may not be remedied on appeal. Notes