Nebraska Revised Statutes
Neb. Rev. Stat. § 29-2521.03 (2026)
Criminal homicide cases; appeal; sentence; Supreme Court review
✓ current as of July 2026
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The Supreme Court shall, upon appeal, determine the propriety of the sentence in each case involving a criminal homicide by comparing such case with previous cases involving the same or similar circumstances. No sentence imposed shall be greater than those imposed in other cases with the same or similar circumstances. The Supreme Court may reduce any sentence which it finds not to be consistent with sections 29-2521.01 to 29-2521.04, 29-2522, and 29-2524.
Notes of Decisions
Cited in 27
cases (3 in the last 5 years), 1979–2023 · leading case: State v. Lotter, 586 N.W.2d 591 (Neb. 1998).
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “Section 29-2521.03 provides in part that "[n]o sentence imposed shall be greater than those imposed in other cases with the same or similar circumstances.”
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “Finally, the defendant argues that the sentence of death in this case is erroneous because it is "greater than those imposed in other cases with the same or similar circumstances," and therefore is disproportionate in violation of § 29-2521.03. Sections 29-2521.01, 29-2521.”
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). “§§ 29-2521 through 29-2524 (Reissue 1995) are unconstitutional because a sentencing panel is not required to enunciate which nonstatutory mitigating factors were considered and found to exist. (18) Section 29-2522 provides insufficient guidance as to the manner in which the…”
State v. Williams, 287 N.W.2d 18 (Neb. 1979). “" In the context of chapter 29, article 25, the word "sentence" in section 29-2521.03, R.S.Supp., 1978, is construed to mean a sentence of death, and the provisions of that section directing the determination by the Supreme Court of the propriety of a "sentence" by comparison…”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “In my view that would indeed be a far greater punishment for the crime committed than even the one imposed by the majority.”
State v. Garcia, 994 N.W.2d 610 (Neb. 2023). “[59] Under Neb. Rev. Stat. § 29-2521.03 (Cum. Supp. 2022), the Nebraska Supreme Court is required upon appeal to determine the propriety of a death sentence by conduct- ing a proportionality review.”
State v. Bland, 958 S.W.2d 651 (Tenn. 1997). “§ 46-18-310 (3); Nebraska, Neb. Rev. Stat. § 29-2521.03 ; Nevada. Nev.”
State v. Rust, 388 N.W.2d 483 (Neb. 1986). “In that connection he claims the court below erred in failing to find he “was not entitled to and denied a meaningful comparative review of the death sentence imposed.”
State v. Hessler, 741 N.W.2d 406 (Neb. 2007). “Pursuant to Neb. Rev. Stat. §29-2521.03 (Reissue 1995), this court is required, upon appeal, to determine the propriety of a death sentence by conducting a proportionality review.”
State v. Mata, 745 N.W.2d 229 (Neb. 2008). “PROPORTIONALITY REVIEW Under Neb.Rev.Stat. § 29-2521.03 (Reissue 1995), we are required, upon appeal, to determine the propriety of *255 a death sentence by conducting a proportionality review.”
Reeves v. Hopkins, 871 F. Supp. 1182 (D. Neb. 1994). “Indeed, aside from the ability to “reduce” a death penalty sentence because it does not comply with the Nebraska statute that requires the district court sentencing panel to weigh aggravating and mitigating circumstances, Neb.Rev.Stat. § 29-2521.03, the Nebraska Supreme Court is…”
State v. Gales, 694 N.W.2d 124 (Neb. Ct. App. 2005). “Proportionality Review (a) Comparison to Other Cases Pursuant to § 29-2521.03, this court is required, upon appeal, to determine the propriety of a death sentence by conducting a proportionality review.”
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