Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-2528 (2026)

Death penalty cases; Supreme Court; orders

✓ current as of July 2026
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In all cases when the death penalty has been imposed by the district court, the Supreme Court shall, after consideration of the appeal, order the prisoner to be discharged, a new trial to be had, or appoint a day certain for the execution of the sentence.

Notes of Decisions
Cited in 7 cases, 1989–2008 · leading case: State v. Mata, 745 N.W.2d 229 (Neb. 2008).
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State v. Mata, 745 N.W.2d 229 (Neb. 2008). · cites it 3× “2d 899 (1994); Neb.Rev.Stat. § 29-2528 (Reissue 1995). [205] See Moore, supra note 97.”
Reeves v. Hopkins, 871 F. Supp. 1182 (D. Neb. 1994). · cites it 6× “Neb.Rev.Stat. § 29-2528 (Reissue 1989) (emphasis added).”
State v. Ryan, 444 N.W.2d 610 (Neb. 1989). · cites it 2× “See Neb. Rev. Stat. § 29-2528 (Reissue 1985).”
State v. Joubert, 518 N.W.2d 887 (Neb. 1994). · cites it 2× “” Accordingly, there is no question that this court has the statutory jurisdiction to set an execution date once it has considered the prisoner’s automatic appeal and determined that death is the legally appropriate sentence.”
State v. Reeves, 453 N.W.2d 359 (Neb. 1990). · cites it 2× “The district court was not required to grant an evidentiary hearing. This contention is without merit.”
State v. Reeves, 604 N.W.2d 151 (Neb. 2000). · cites it 2× “Section 29-2528 specifically provides that “[i]n all cases when the death penalty has been imposed by the district court, the Supreme Court shall, after consideration of the appeal, order the prisoner to be discharged, a new trial to be had, or appoint a day certain for the…”
Randolph K. Reeves v. Frank X. Hopkins (8th Cir. 1996). · cites it 2× “Second, Nebraska statutes provide only two remedies where the Nebraska Supreme Court disagrees with the sentencing panel on aggravating and mitigating circumstances: (a) the Nebraska Supreme Court may "reduce" the sentence, Neb. Rev. Stat. § 29-2521.03 (Reissue 1989); or (b) it…”
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