Nebraska Revised Statutes

Neb. Rev. Stat. § 29-2521.01 (2026)

Legislative findings

✓ current as of July 2026

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The Legislature hereby finds that:

(1) Life is the most valuable possession of a human being, and before taking it, the state should apply and follow the most scrupulous standards of fairness and uniformity;

(2) The death penalty, because of its enormity and finality, should never be imposed arbitrarily nor as a result of local prejudice or public hysteria;

(3) State law should be applied uniformly throughout the state and since the death penalty is a statewide law an offense which would not result in a death sentence in one portion of the state should not result in death in a different portion;

(4) Charges resulting from the same or similar circumstances have, in the past, not been uniform and have produced radically differing results; and

(5) In order to compensate for the lack of uniformity in charges which are filed as a result of similar circumstances it is necessary for the Supreme Court to review and analyze all criminal homicides committed under the existing law in order to insure that each case produces a result similar to that arrived at in other cases with the same or similar circumstances.

Notes of Decisions

Cited in 22 cases, 1979–2020 · leading case: State v. Lotter, 586 N.W.2d 591 (Neb. 1998).

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State v. Lotter, 586 N.W.2d 591 (Neb. 1998). · cites it 37× “I share Justice Connolly's concern as to whether our current interpretation of Neb. Rev.Stat. §§ 29-2521.01 through 29-2521.”

State v. Palmer, 399 N.W.2d 706 (Neb. 1986). · cites it 18× “This court has struggled to apply the provisions of Neb.Rev.Stat. §§ 29-2521.01 et seq. (Reissue 1985) since their passage.”

State v. Moore, 316 N.W.2d 33 (Neb. 1982). · cites it 12× “" § 29-2521.01. "The Supreme Court shall within a reasonable time after July 22, 1978, review and analyze all cases involving criminal homicide committed on or after April 20, 1973.”

State v. Hochstein, 632 N.W.2d 273 (Neb. 2001). · cites it 9× “The intent of the Legislature with respect to imposition of the death penalty can be discerned in part by considering § 29-2521.01, which is contained in the “Special Procedure in Cases of Homicide,” and in which the Legislature has provided in relevant part: (1) Life is the…”

State v. Gales, 694 N.W.2d 124 (Neb. Ct. App. 2005). · cites it 3× “It exists in Nebraska by virtue of § 29-2521.01 et seq., which direct this court to conduct a proportionality review in each appeal in which a death sentence is imposed.”

State v. Dunster, 631 N.W.2d 879 (Neb. 2001). · cites it 3× “04, the district court must “provide all records required by the Supreme Court in order to conduct its review and analysis pursuant to sections 29-2521.01 to 29-2522 and 29-2524.”

State v. Williams, 287 N.W.2d 18 (Neb. 1979). · cites it 5× “711, Laws of 1978, now codified as section 29-2521.01 et seq., R.S.Supp., 1978, which apply primarily to the method of imposition of death sentences in the trial court and review of such sentences by the Supreme Court.”

State v. Harper, 304 N.W.2d 663 (Neb. 1981). · cites it 6× “711, now Neb.Rev. Stat. §§ 29-2521.01 et seq. (Reissue 1979), the death penalty is generally in violation of one's constitutional rights prohibiting the imposition of the death penalty in an arbitrary and capricious manner.”

State v. Joubert, 399 N.W.2d 237 (Neb. 1986). · cites it 4× “Palmer, supra , I do not agree with the majority that only cases in which the death penalty has been imposed are to be used when conducting the proportionality review required by Neb.Rev.Stat. §§ 29-2521.01 to 29-2521.03 (Reissue 1985).”

Reeves v. Hopkins, 871 F. Supp. 1182 (D. Neb. 1994). · cites it 7× “Neb.Rev.Stat. § 29-2521.01 (Reissue 1989).”

State v. Otey, 464 N.W.2d 352 (Neb. 1991). · cites it 3× “Indeed, this court, in Otey I, expressly stated after making the proportionality analysis, “We find the sentence of death imposed in this case is not excessive or disproportionate to the penalty imposed in other cases, considering both the crime and the defendant.”

State v. Williams, 352 N.W.2d 538 (Neb. 1984). · cites it 4× “711 (§§ 29-2521.01 et seq.), did not enhance the penalty which might attach upon conviction of first degree murder.”

Show all 22 citing cases →

— Neb. Rev. Stat. § 29-2521.01(1) — 2 cases

State v. Hochstein, 632 N.W.2d 273 (Neb. 2001). “The intent of the Legislature with respect to imposition of the death penalty can be discerned in part by considering § 29-2521.01, which is contained in the “Special Procedure in Cases of Homicide,” and in which the Legislature has provided in relevant part: (1) Life is the…”

State v. Dunster, 631 N.W.2d 879 (Neb. 2001). “04, the district court must “provide all records required by the Supreme Court in order to conduct its review and analysis pursuant to sections 29-2521.01 to 29-2522 and 29-2524.”

— Neb. Rev. Stat. § 29-2521.01(2) — 1 case

— Neb. Rev. Stat. § 29-2521.01(5) — 3 cases

State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “This court has struggled to apply the provisions of Neb.Rev.Stat. §§ 29-2521.01 et seq. (Reissue 1985) since their passage.”

Reeves v. Hopkins, 871 F. Supp. 1182 (D. Neb. 1994). “Neb.Rev.Stat. § 29-2521.01 (Reissue 1989).”

State v. Moore, 316 N.W.2d 33 (Neb. 1982). “" § 29-2521.01. "The Supreme Court shall within a reasonable time after July 22, 1978, review and analyze all cases involving criminal homicide committed on or after April 20, 1973.”

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