ILNews

Nebraska: Electric chair unconstitutional

Michael W. Hoskins
January 1, 2008
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A landmark ruling from the Nebraska Supreme Court this morning means that the last state allowing electric chair executions can't use the method because it's considered cruel and unusual punishment.

The 6-1 ruling today in State of Nebraska v. Richard Mata, Jr., S-05-1268, affirms the death sentence but stays the execution. The court decided that the legislature may vote to have a death penalty but not one that offends rights under the state constitution. Because the decision is based solely on state law, the U.S. Supreme Court won't review the ruling.

The court ruled on the case of Raymond Mata Jr., who was convicted by a jury for the May 1999 kidnapping, murder, and dismemberment of 3-year-old Adam Gomez, his ex-girlfriend's son. A three-judge panel later sentenced him to die.

"We recognize the temptation to make the prisoner suffer, just as the prisoner made an innocent victim suffer," Justice William Connolly wrote. "But it is the hallmark of a civilized society that we punish cruelty without practicing it. Condemned prisoners must not be tortured to death, regardless of their crimes."

Chief Justice Michael Heavican disagreed in a 17-page dissent that execution was "cruel and unusual," noting that he sincerely believes this precedent will have adverse consequences on future cases. But he joined the majority on a variety of other issues in the case, including that Mata should be executed for the crime.

This decision comes at a time when state and federal courts, along with the 36 states allowing the death penalty, are struggling with these issues. All states except Nebraska - including Indiana - use a three-chemical lethal injection method, which is currently being challenged in the nation's highest court. Justices heard arguments in January on a case involving two Kentucky condemned inmates.

All that debate and today's Nebraska decision gives Marion County Prosecutor Carl Brizzi, three Indiana attorneys, and a law professor something more to talk about on a radio show this weekend.

As part of his "Crime Beat" program airing at 8 p.m. Sunday, Brizzi will tackle the death penalty through the eyes of the prosecution, defense, and academia. Guests include Rick Kammen, Gilroy Kammen & Hill, and Bob Hammerle, Hammerle & Allen, both on the defense side; David Wyser, Marion County Prosecutor's Office; and professor Henry Karlson, Indiana University School of Law - Indianapolis.

The live, weekly show airs on WIBC, 93.1 F.M. from 8 to 10 p.m. Sundays. Brizzi discusses matters relating to public safety, the justice system, and current events. Following the Feb. 10 show, the program moves to its new regular timeslot at 3 to 5 p.m. Saturdays.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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