(Download) "State v. Gales" by In the Supreme Court of Nebraska ~ Book PDF Kindle ePub Free

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Title: State v. Gales
Author : In the Supreme Court of Nebraska
Release Date : January 28, 2003
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

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I. INTRODUCTION After a jury found Arthur L. Gales guilty of two counts of first degree murder and one count of attempted second degree murder, the trial judge conducted a sentencing hearing, made factual findings, and sentenced Gales to death on each count of first degree murder and to not less than 50 nor more than 50 years' imprisonment on the count of attempted second degree murder. This is an automatic direct appeal from the death sentences as required by Neb. Rev. Stat. § 29-2525 (Cum. Supp. 2002). During the pendency of the appeal, but before it was briefed and argued, the U.S. Supreme Court decided Ring v. Arizona, ___ U.S. ___, 122 S. Ct. 2428, 153 L. Ed. 2d 556 (2002), in which it held that a defendant in a capital case has a Sixth Amendment right to a jury determination of certain factual issues which determine whether a death sentence may be imposed. Subsequent to oral argument and submission of this appeal, the Nebraska Legislature enacted amendments to Nebraska's capital sentencing statutes in response to Ring. This case presents our first opportunity to assess the impact of Ring on Nebraska's capital sentencing statutes and to determine the applicability of the recent amendments to those statutes.