×
You've used up your 3 free articles for this month. Subscribe today.
Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually
by Douglas Ankney
The Supreme Court of Nebraska has dismissed on technical grounds a lawsuit filed by eight death-row prisoners represented by the American Civil Liberties Union (“ACLU”). The suit alleged the death sentences of Nebraska’s death-row prisoners must be converted to life sentences because the Nebraska Legislature repealed ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- News In Brief
- When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
- Can Criminal Records Ever Truly Be Expunged in the Internet Era?, by Matthew Clarke
- Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction, by Douglas Ankney
- Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually, by Douglas Ankney
- San Francisco Embraces New Technology to Clear Pot Convictions
- Wisconsin Considers Updating Its Cash Bail System, by Kevin Bliss
- Birth Pangs of Bail Reform Come to Texas, by Edward Lyon
- Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal, by Derek Gilna
- $8.4 Million Combined Settlement Reached by ‘Norfolk Four’, by Douglas Ankney
- Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction, by Matthew Clarke
- Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification, by Matthew Clarke
- Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior, by Douglas Ankney
- Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing, by Matthew Clarke
- Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice, by Mark Wilson
- Death Penalty Usage Trending Downward, Report Reveals, by Betty Nelander
- Tennessee Supreme Court: Attempting to Secretly Videotape Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography, by Douglas Ankney
- Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional, by Douglas Ankney
- Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court, by Kevin Bliss
- Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits, by Derek Gilna
- FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months, by Dale Chappell
- Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform, by Kevin Bliss
- First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive, by Dale Chappell
- Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2), by Dale Chappell
- North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test, by Douglas Ankney
- Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict, by Douglas Ankney
- Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence, by David Reutter
- Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police, by Dale Chappell
- Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release, by Douglas Ankney
- Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC, by Matthew Clarke
- In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States, by Douglas Ankney
- Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error, by Dale Chappell
- Fourth Circuit Grants Habeas Relief for Death Row Prisoner Because Trial Court Excluded Expert Testimony Defendant Represents Low Risk of Violence in Prison, by David Reutter
- Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense, by Chad Marks
- Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons, by Douglas Ankney
- California Police Privacy Laws Have Been Violating Brady for Years, by Mark Wilson
- New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule, by Richard Resch
- N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge, by Douglas Ankney
- NYPD’s Controversial Use of Mugshot Database Searches, by Matthew Clarke
- Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed, by Chad Marks
- Appeals court provides new vehicle to challenge registration, by Larry N.
- The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree., by Ryan Gabrielson
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- Oklahoma Prisoner’s Execution Was Expedited by the Trump Administration, Aug. 1, 2025. Death Penalty, Death Row, Lethal Injection.
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Idaho Spent $200,000 on Execution Drugs Now Expired, June 1, 2025. Death Row.
- Federal Court Blocks Idaho Executions Until Media Access Improves, June 1, 2025. Death Row, Access to Media, First Amendment, rights.
- Death Row Prisoners Challenge New Tennessee Single-Drug Lethal Injection Protocol, June 1, 2025. Conditions of Confinement, Death Row, Method of Execution.
- Texas Courts, Legislature at Odds over Executing Potentially Innocent Death Row Prisoner, May 1, 2025. Wrongful Conviction, Death Penalty/Death Row, Actual Innocence/Claim of Innocence, Opposition to the Death Penalty, Lethal Injection Method of Execution.
- Alabama Governor Commutes Death Sentence, April 1, 2025. Death Penalty/Death Row, Resentencing.
- Ohio Pauses Executions, Louisiana and Arizona Race Ahead, April 1, 2025. Death Penalty/Death Row, Lethal Injection Method of Execution.
- Federal Withdrawal of Single-Drug Execution Protocol Follows Challenges in Indiana, Arizona, March 1, 2025. Death Penalty/Death Row, Lethal Injection Method of Execution.
- Arizona To Resume Executions, Feb. 15, 2025. Death Row, Lethal Injection Method of Execution.