Nebraska Revised Statutes

Neb. Rev. Stat. § 29-2523 (2026)

Aggravating and mitigating circumstances

✓ current as of July 2026
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The aggravating and mitigating circumstances referred to in sections 29-2519 to 29-2524 shall be as follows:

(1) Aggravating Circumstances:

(a) The offender was previously convicted of another murder or a crime involving the use or threat of violence to the person, or has a substantial prior history of serious assaultive or terrorizing criminal activity;

(b) The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of such crime;

(c) The murder was committed for hire, or for pecuniary gain, or the defendant hired another to commit the murder for the defendant;

(d) The murder was especially heinous, atrocious, cruel, or manifested exceptional depravity by ordinary standards of morality and intelligence;

(e) At the time the murder was committed, the offender also committed another murder;

(f) The offender knowingly created a great risk of death to at least several persons;

(g) The victim was a public servant having lawful custody of the offender or another in the lawful performance of his or her official duties and the offender knew or should have known that the victim was a public servant performing his or her official duties;

(h) The murder was committed knowingly to disrupt or hinder the lawful exercise of any governmental function or the enforcement of the laws; or

(i) The victim was a law enforcement officer engaged in the lawful performance of his or her official duties as a law enforcement officer and the offender knew or reasonably should have known that the victim was a law enforcement officer.

(2) Mitigating Circumstances:

(a) The offender has no significant history of prior criminal activity;

(b) The offender acted under unusual pressures or influences or under the domination of another person;

(c) The crime was committed while the offender was under the influence of extreme mental or emotional disturbance;

(d) The age of the defendant at the time of the crime;

(e) The offender was an accomplice in the crime committed by another person and his or her participation was relatively minor;

(f) The victim was a participant in the defendant's conduct or consented to the act; or

(g) At the time of the crime, the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was impaired as a result of mental illness, mental defect, or intoxication.

Notes of Decisions
Cited in 102 cases (5 in the last 5 years), 1977–2026 · leading case: State v. Palmer, 399 N.W.2d 706 (Neb. 1986).
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). · cites it 62× “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). · cites it 40× “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). · cites it 50× “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Hessler, 741 N.W.2d 406 (Neb. 2007). · cites it 24× “In connection with counts I and II, the State gave notice of aggravating circumstances and alleged that under Neb. Rev. Stat. § 29-2523 (Cum. Supp. 2006), (1) Hessler had a substantial prior history of serious assaultive or terrorizing criminal activity (§ 29-2523(l)(a)); (2)…”
State v. Moore, 553 N.W.2d 120 (Neb. 1996). · cites it 62× “Court of Appeals for the Eighth Circuit, which, on May 25, 1990, affirmed the grant of habeas corpus relief, holding unconstitutionally vague, both on its face and as interpreted by this court, the italicized exceptional depravity component of aggravating circumstance Neb.”
State v. Galindo, 994 N.W.2d 562 (Neb. 2023). · cites it 35× “See § 29-2523. Regarding the Lundell murder, the State presented evi- dence at the aggravation hearing that Galindo recruited Vela to participate in the bank robbery and that to demonstrate Vela was worthy of the scheme, Vela killed Lundell with Galindo’s and Sandoval’s…”
State v. Joubert, 399 N.W.2d 237 (Neb. 1986). · cites it 38× “" Thus, aggravating circumstance (1)(d) of § 29-2523 describes in the disjunctive at least two distinct components of an aggravating circumstance which may relate to a murder and which "may operate in conjunction with or independent of one another.”
State v. Reynolds, 457 N.W.2d 405 (Neb. 1990). · cites it 30× “At the sentence hearing before the three-judge panel, evidence was presented relative to the aggravating and mitigating circumstances pertaining to imposition of the death penalty, that is, the circumstances set forth in Neb. Rev. Stat. § 29-2523 (Reissue 1989).”
State v. Gales, 658 N.W.2d 604 (Neb. 2003). · cites it 20× “First, the court found that Gales was previously convicted of another crime involving the use or threat of violence to a person, the aggravating circumstance enumerated in Neb. Rev. Stat. § 29-2523 (l)(a) (Cum. Supp.”
State v. Victor, 457 N.W.2d 431 (Neb. 1990). · cites it 40× “*773 On appeal, Victor does not challenge the overwhelming evidence that sustains his convictions but, rather, contends: (1) Statements made by the defendant to Omaha police officers should have been suppressed and ruled inadmissible at his trial; (2) Neb. Rev. Stat. § 29-2523…”
State v. Moore, 316 N.W.2d 33 (Neb. 1982). · cites it 32× “(3) Sections 29-2523 et seq. are unconstitutionally vague and indefinite, and appellate interpretation has not removed this ambiguity.”
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). · cites it 21× “2d at 879 : The words “serious,” “assaultive,” and “terrorizing” are words in common usage with meanings well-fixed and generally clearly understood.”
— Neb. Rev. Stat. § 29-2523(1) — 14 cases
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). “2d at 879 : The words “serious,” “assaultive,” and “terrorizing” are words in common usage with meanings well-fixed and generally clearly understood.”
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. McDonald, 661 S.W.2d 497 (Mo. 1983).
— Neb. Rev. Stat. § 29-2523(1)(a) — 12 cases
State v. Galindo, 994 N.W.2d 562 (Neb. 2023). “See § 29-2523. Regarding the Lundell murder, the State presented evi- dence at the aggravation hearing that Galindo recruited Vela to participate in the bank robbery and that to demonstrate Vela was worthy of the scheme, Vela killed Lundell with Galindo’s and Sandoval’s…”
State v. Vela, 297 Neb. 227 (Neb. 2017).
State v. Ryan, 444 N.W.2d 610 (Neb. 1989).
State v. Torres, 300 Neb. 694 (Neb. 2018).
Ryan v. Clarke, 281 F. Supp. 2d 1008 (D. Neb. 2003).
— Neb. Rev. Stat. § 29-2523(1)(b) — 9 cases
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Galindo, 994 N.W.2d 562 (Neb. 2023). “See § 29-2523. Regarding the Lundell murder, the State presented evi- dence at the aggravation hearing that Galindo recruited Vela to participate in the bank robbery and that to demonstrate Vela was worthy of the scheme, Vela killed Lundell with Galindo’s and Sandoval’s…”
State v. Palmer, 600 N.W.2d 756 (Neb. 1999).
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. Joubert, 399 N.W.2d 237 (Neb. 1986). “" Thus, aggravating circumstance (1)(d) of § 29-2523 describes in the disjunctive at least two distinct components of an aggravating circumstance which may relate to a murder and which "may operate in conjunction with or independent of one another.”
— Neb. Rev. Stat. § 29-2523(1)(c) — 2 cases
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
State v. Saylor, 883 N.W.2d 334 (Neb. 2016).
— Neb. Rev. Stat. § 29-2523(1)(d) — 18 cases
State v. Mata, 745 N.W.2d 229 (Neb. 2008).
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. Ryan, 444 N.W.2d 610 (Neb. 1989).
State v. Joubert, 399 N.W.2d 237 (Neb. 1986). “" Thus, aggravating circumstance (1)(d) of § 29-2523 describes in the disjunctive at least two distinct components of an aggravating circumstance which may relate to a murder and which "may operate in conjunction with or independent of one another.”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
— Neb. Rev. Stat. § 29-2523(1)(e) — 6 cases
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
State v. Gales, 658 N.W.2d 604 (Neb. 2003). “First, the court found that Gales was previously convicted of another crime involving the use or threat of violence to a person, the aggravating circumstance enumerated in Neb. Rev. Stat. § 29-2523 (l)(a) (Cum. Supp.”
State v. Lotter, 771 N.W.2d 551 (Neb. 2009).
State v. Reeves, 453 N.W.2d 359 (Neb. 1990).
— Neb. Rev. Stat. § 29-2523(1)(f) — 1 case
State v. Galindo, 774 N.W.2d 190 (Neb. 2009).
— Neb. Rev. Stat. § 29-2523(1)(g) — 1 case
State v. Reynolds, 457 N.W.2d 405 (Neb. 1990). “At the sentence hearing before the three-judge panel, evidence was presented relative to the aggravating and mitigating circumstances pertaining to imposition of the death penalty, that is, the circumstances set forth in Neb. Rev. Stat. § 29-2523 (Reissue 1989).”
— Neb. Rev. Stat. § 29-2523(1)(h) — 2 cases
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Lotter, 771 N.W.2d 551 (Neb. 2009).
— Neb. Rev. Stat. § 29-2523(1)(i) — 1 case
State of Arizona v. Edward James Rose, 297 P.3d 906 (Ariz. 2013).
— Neb. Rev. Stat. § 29-2523(2) — 14 cases
State v. Otey, 464 N.W.2d 352 (Neb. 1991).
State v. Galindo, 994 N.W.2d 562 (Neb. 2023). “See § 29-2523. Regarding the Lundell murder, the State presented evi- dence at the aggravation hearing that Galindo recruited Vela to participate in the bank robbery and that to demonstrate Vela was worthy of the scheme, Vela killed Lundell with Galindo’s and Sandoval’s…”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Joubert, 399 N.W.2d 237 (Neb. 1986). “" Thus, aggravating circumstance (1)(d) of § 29-2523 describes in the disjunctive at least two distinct components of an aggravating circumstance which may relate to a murder and which "may operate in conjunction with or independent of one another.”
State v. Schroeder, 305 Neb. 527 (Neb. 2020).
— Neb. Rev. Stat. § 29-2523(2)(a) — 9 cases
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. Galindo, 994 N.W.2d 562 (Neb. 2023). “See § 29-2523. Regarding the Lundell murder, the State presented evi- dence at the aggravation hearing that Galindo recruited Vela to participate in the bank robbery and that to demonstrate Vela was worthy of the scheme, Vela killed Lundell with Galindo’s and Sandoval’s…”
State v. Reeves, 453 N.W.2d 359 (Neb. 1990).
State v. Moore, 553 N.W.2d 120 (Neb. 1996). “Court of Appeals for the Eighth Circuit, which, on May 25, 1990, affirmed the grant of habeas corpus relief, holding unconstitutionally vague, both on its face and as interpreted by this court, the italicized exceptional depravity component of aggravating circumstance Neb.”
State v. Otey, 464 N.W.2d 352 (Neb. 1991).
— Neb. Rev. Stat. § 29-2523(2)(b) — 8 cases
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
State v. Galindo, 994 N.W.2d 562 (Neb. 2023). “See § 29-2523. Regarding the Lundell murder, the State presented evi- dence at the aggravation hearing that Galindo recruited Vela to participate in the bank robbery and that to demonstrate Vela was worthy of the scheme, Vela killed Lundell with Galindo’s and Sandoval’s…”
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
— Neb. Rev. Stat. § 29-2523(2)(c) — 11 cases
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Garcia, 994 N.W.2d 610 (Neb. 2023).
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Joubert, 399 N.W.2d 237 (Neb. 1986). “" Thus, aggravating circumstance (1)(d) of § 29-2523 describes in the disjunctive at least two distinct components of an aggravating circumstance which may relate to a murder and which "may operate in conjunction with or independent of one another.”
— Neb. Rev. Stat. § 29-2523(2)(d) — 6 cases
State v. Galindo, 994 N.W.2d 562 (Neb. 2023). “See § 29-2523. Regarding the Lundell murder, the State presented evi- dence at the aggravation hearing that Galindo recruited Vela to participate in the bank robbery and that to demonstrate Vela was worthy of the scheme, Vela killed Lundell with Galindo’s and Sandoval’s…”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
— Neb. Rev. Stat. § 29-2523(2)(e) — 4 cases
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Galindo, 774 N.W.2d 190 (Neb. 2009).
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). “2d at 879 : The words “serious,” “assaultive,” and “terrorizing” are words in common usage with meanings well-fixed and generally clearly understood.”
State v. Ryan, 534 N.W.2d 766 (Neb. 1995).
— Neb. Rev. Stat. § 29-2523(2)(f) — 2 cases
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Schroeder, 305 Neb. 527 (Neb. 2020).
— Neb. Rev. Stat. § 29-2523(2)(g) — 15 cases
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
Reeves v. Hopkins, 871 F. Supp. 1182 (D. Neb. 1994).
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. Moore, 553 N.W.2d 120 (Neb. 1996). “Court of Appeals for the Eighth Circuit, which, on May 25, 1990, affirmed the grant of habeas corpus relief, holding unconstitutionally vague, both on its face and as interpreted by this court, the italicized exceptional depravity component of aggravating circumstance Neb.”
— Neb. Rev. Stat. § 29-2523(l)(a) — 12 cases
State v. Hessler, 741 N.W.2d 406 (Neb. 2007). “In connection with counts I and II, the State gave notice of aggravating circumstances and alleged that under Neb. Rev. Stat. § 29-2523 (Cum. Supp. 2006), (1) Hessler had a substantial prior history of serious assaultive or terrorizing criminal activity (§ 29-2523(l)(a)); (2)…”
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). “2d at 879 : The words “serious,” “assaultive,” and “terrorizing” are words in common usage with meanings well-fixed and generally clearly understood.”
State v. Gales, 658 N.W.2d 604 (Neb. 2003). “First, the court found that Gales was previously convicted of another crime involving the use or threat of violence to a person, the aggravating circumstance enumerated in Neb. Rev. Stat. § 29-2523 (l)(a) (Cum. Supp.”
State v. Dunster, 631 N.W.2d 879 (Neb. 2001).
State v. Moore, 553 N.W.2d 120 (Neb. 1996). “Court of Appeals for the Eighth Circuit, which, on May 25, 1990, affirmed the grant of habeas corpus relief, holding unconstitutionally vague, both on its face and as interpreted by this court, the italicized exceptional depravity component of aggravating circumstance Neb.”
— Neb. Rev. Stat. § 29-2523(l)(b) — 18 cases
State v. Moore, 553 N.W.2d 120 (Neb. 1996). “Court of Appeals for the Eighth Circuit, which, on May 25, 1990, affirmed the grant of habeas corpus relief, holding unconstitutionally vague, both on its face and as interpreted by this court, the italicized exceptional depravity component of aggravating circumstance Neb.”
State v. Hessler, 741 N.W.2d 406 (Neb. 2007). “In connection with counts I and II, the State gave notice of aggravating circumstances and alleged that under Neb. Rev. Stat. § 29-2523 (Cum. Supp. 2006), (1) Hessler had a substantial prior history of serious assaultive or terrorizing criminal activity (§ 29-2523(l)(a)); (2)…”
State v. Otey, 464 N.W.2d 352 (Neb. 1991).
State v. Bjorklund, 604 N.W.2d 169 (Neb. 2000). “2d at 879 : The words “serious,” “assaultive,” and “terrorizing” are words in common usage with meanings well-fixed and generally clearly understood.”
Reeves v. Hopkins, 871 F. Supp. 1182 (D. Neb. 1994).
— Neb. Rev. Stat. § 29-2523(l)(c) — 3 cases
State v. Young, 853 P.2d 327 (Utah 1993).
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
State v. Hochstein, 632 N.W.2d 273 (Neb. 2001).
— Neb. Rev. Stat. § 29-2523(l)(d) — 29 cases
State v. Moore, 553 N.W.2d 120 (Neb. 1996). “Court of Appeals for the Eighth Circuit, which, on May 25, 1990, affirmed the grant of habeas corpus relief, holding unconstitutionally vague, both on its face and as interpreted by this court, the italicized exceptional depravity component of aggravating circumstance Neb.”
State v. Victor, 457 N.W.2d 431 (Neb. 1990). “*773 On appeal, Victor does not challenge the overwhelming evidence that sustains his convictions but, rather, contends: (1) Statements made by the defendant to Omaha police officers should have been suppressed and ruled inadmissible at his trial; (2) Neb. Rev. Stat. § 29-2523…”
State v. Palmer, 399 N.W.2d 706 (Neb. 1986). “I do, however, believe that the majority in this case is in error in its interpretation of certain provisions of Neb.Rev.Stat. §§ 29-2523 and 29-2521.02 to 29-2521.”
State v. Otey, 464 N.W.2d 352 (Neb. 1991).
State v. Joubert, 399 N.W.2d 237 (Neb. 1986). “" Thus, aggravating circumstance (1)(d) of § 29-2523 describes in the disjunctive at least two distinct components of an aggravating circumstance which may relate to a murder and which "may operate in conjunction with or independent of one another.”
— Neb. Rev. Stat. § 29-2523(l)(e) — 5 cases
State v. Reeves, 344 N.W.2d 433 (Neb. 1984). “The defendant disagrees with the sentencing panel finding that aggravating circumstance (1)(b) of § 29-2523 existed in regard to the death of Victoria Lamm.”
State v. Young, 853 P.2d 327 (Utah 1993).
Reeves v. Hopkins, 871 F. Supp. 1182 (D. Neb. 1994).
State v. Reeves, 476 N.W.2d 829 (Neb. 1991).
Reeves v. Hopkins, 928 F. Supp. 941 (D. Neb. 1996).
— Neb. Rev. Stat. § 29-2523(l)(f) — 1 case
State v. Young, 853 P.2d 327 (Utah 1993).
— Neb. Rev. Stat. § 29-2523(l)(g) — 2 cases
State v. Reynolds, 457 N.W.2d 405 (Neb. 1990). “At the sentence hearing before the three-judge panel, evidence was presented relative to the aggravating and mitigating circumstances pertaining to imposition of the death penalty, that is, the circumstances set forth in Neb. Rev. Stat. § 29-2523 (Reissue 1989).”
State v. Young, 853 P.2d 327 (Utah 1993).
— Neb. Rev. Stat. § 29-2523(l)(h) — 3 cases
State v. Reynolds, 457 N.W.2d 405 (Neb. 1990). “At the sentence hearing before the three-judge panel, evidence was presented relative to the aggravating and mitigating circumstances pertaining to imposition of the death penalty, that is, the circumstances set forth in Neb. Rev. Stat. § 29-2523 (Reissue 1989).”
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). “The amendments to § 29-2523, made by 1998 Neb. Laws, L.B. 422, which took effect on July 15, 1998, mitigate Lotter's punishment, and thus, Lotter must be resentenced.”
State v. Young, 853 P.2d 327 (Utah 1993).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.