Oct. 12


Death penalty ruling delayed in Sievers case

Mark Sievers, the man accused of planning the murder of his wife Teresa Sievers, fought for his life Tuesday in a Lee County courtroom. His lawyer asked that the death penalty not be on the table for Sievers's 1st-degree murder charge.

Judge Bruce Kyle did not make a ruling on the death penalty, but he did decide not to give Sievers' attorneys access to the grand jury testimony. The defense argued there are several stories from Curtis Wayne Wright but don't know which was taken to the grand jury.

"We have 2 statements prior when Wright says he had no involvement," said attorney Mike Mummert. "One where he was outside and one where he had a hammer in his hand."

In the motion to strike the death penalty, the defense said the state filed late and incomplete documents.

"They're asking to take my client's life," attorney Mike Mummert said. 'If they're going to ask that, they need to do so properly."

The state pointed out a recent change in the law that made them unaware of requirements. Kyle reserved his ruling on the motion until later.

The ruling on grand jury testimony could be changed later.

(source: WZVN news)


Sandra Jaggard, state lawyer who worked most Miami death-penalty cases, dies at 51

Known for her encyclopedic command of the law, Florida senior assistant attorney general Sandra Jaggard helped keep some of Miami's most notorious killers on death row.

Jaggard was a unique person with a unique job.

A one-time engineer who worked on the Space Station, Jaggard forged a niche as the prosecutorial authority on capital litigation in South Florida, writing complex briefs, making concise arguments before judges and earning the trust of people whose loved ones had been murdered, sometimes decades before.

Jaggard died unexpectedly Tuesday of a suspected heart attack. She was 51.

Her death stunned colleagues at Miami's criminal courthouse, where Jaggard was a fixture not only in arguing appeals but helping prosecutors.

"I always marveled at her legal talents. Sandy was the go-to person if you needed a case on point or wanted a sounding board to explore legal arguments," said Associate Deputy Attorney General Carolyn Snurkowski, a colleague of more than 2 decades.

"She was a brilliant lawyer," said Miami-Dade Assistant State Attorney Penny Brill, the head of her office's legal bureau who worked alongside her on appeals. "It's such a loss to both offices. She meant so much to us."

Jaggard was born May 2, 1965, in Woodbury, New Jersey. Along with her family, she moved to Huntsville, Alabama, and later attended Vanderbilt University, earning a degree in biomedical engineering in the early 1980s.

Her father, a physician, died at age 52, also of a heart attack.

After college, Jaggard worked at Boeing, focused on the life-support module for the Space Station, according to her family and friends.

Jaggard later moved to South Florida, where she enrolled at the University of Miami's law school. She graduated in 1994 and was soon hired at the Florida Attorney General's Office.

It was here that she built her reputation working in the complex field of capital litigation, working to keep intact convictions and death sentences. She could recite minute details from transcripts of a decades-old trial, every sort of criminal-court rule and arcane and complex case law.

"She had a phenomenal memory," said Miami-Dade prosecutor Fleur Lobree, her best friend and longtime roommate. "She was really an intellectual person. She liked the intellectual challenges of the most significant cases."

Jaggard wrote the briefs and did oral arguments in the notorious 1994 torture murders of Frank Griga and Krisztina Furton, committed by a crew of Miami bodybuilders.

The convictions and death sentences for the killers, Daniel Lugo and Adrian Noel Doorbal remain intact. Her work remains the authority on racketeering murder cases, said Miami-Dade prosecutor Gail Levine, who tried the case and worked often with Jaggard.

"She really felt the pain of Frank and Krisztina," Levine said. "She had a passion for what she did. She understood the difference between good and evil."

Jaggard spearheaded the appeals virtually every major death-penalty case in Miami-Dade, including Thomas Knight, who murdered a husband-and-wife and a prison guard; Manuel Pardo, the ex-Sweetwater cop who became a serial killer, and Marshall Lee Gore, a serial rapist and killer. Each man was executed in recent years.

"Sandra Jaggard was a tenacious and passionate lawyer who spent her career protecting victims and Florida's citizens from the most violent criminals," Florida Attorney General Pam Bondi said. "She will be greatly missed."

Before she died, Jaggard was handling 27 capital cases. For the scope of her work, she was honored for "outstanding appellate advocacy" by the Association of Government Attorneys in Capital Litigation in 2010.

In court, Jaggard had a tough exterior with a wry sense of humor, her colleagues remembered - but she never failed to mentor young lawyers.

"Her heart of gold was always just below the surface," Snurkowski said. "She prided herself as being tough but in fact was a very warm and caring person."

Outside of court, Jaggard loved cooking and baking, marking every holiday season by passing out fudge and other treats to fellow lawyers. She also loved to travel. Despite an often-punishing work schedule, Jaggard rarely missed a holiday gathering with her siblings and eight nieces and nephews.

"She was a pretty doting aunt, exceptionally so," said her brother, John Jaggard.

Jaggard is survived by her siblings: Susan Jaggard-Ottemiller, Cindy Jaggard-Everett, Clarence Jaggard Jr. and John Jaggard. Services are pending.

(source: Miami Herald)


State's death penalty process a farce

The last 3 of Tennessee's death row inmates to die, died of old age. On death row, being in your 60s is old when you've spent 20 or 30 years sitting around letting your arteries harden.The official cause of death is natural causes. Death row lawyers need to sue to see if hardening arteries, high cholesterol and high blood pressure are constitutionally allowed forms of execution. It seems to be only way the death penalty can be administered these days.

The latest issue before the state Supreme Court is deciding which "cocktail" for killing the condemned is constitutional. Hey, what do I know? People die of heroin overdoses every day, but we can't find a chemical cocktail that can constitutionally end a life? Are we afraid they'll get high on their way to hell?

Why do we continue to pretend we have a death penalty? We keep inmates on death row for 20 or 30 years while we pay extra to house them, pay for lawyers to defend them and give them medical care until they kick off. Create a Super Max, make it life without parole and forget about it.

We know the death penalty is applied unequally depending on the race of the victim and the brutality of the death. We also know that DNA evidence has cleared over 150 death row inmates nationwide who were convicted largely on faulty eyewitness testimony.

I believe that the death penalty is constitutional. I believe that if the populace demands of the Legislature that the death penalty be a form of punishment, then the Legislature has a duty to follow the will of the people. But I hope the people come to the conclusion that it's not a good idea. Sentences are arbitrary. Appeals are endless. It costs many multiples of the average cost per prisoner to maintain a person on death row. If it takes 30 years to kill an inmate, and a natural cause gets him first, can we really say we have a death penalty? Or do we just have an elaborate charade where judges who are opposed to the death penalty find excuses to delay, delay, delay. And those who favor it are often faced with faulty trial court decisions and technicalities. Because it shouldn't be easy to decide to take someone's life.

Do district attorneys general argue to keep the death penalty as a bargaining chip to extort guilty pleas, making their job easier? Are death sentences only handed out when the public is shocked by a heinous crime that gets a lot of media attention? Do we have shifting standards on who is a target for the death penalty? We certainly get a lot of satisfaction out of a death penalty verdict for a particularly terrible murder. We can congratulate ourselves that justice was done and forget about it. After all, who wants to keep up with the case for the next 20 years except for the grieving family?

We should have a system in which we have confidence that the suspect did it (DNA evidence or the like), that we have a uniform system of deciding who gets it or not and we expeditiously move to administer the sentence. If we can't do all those things, then just lock people up for the rest of their lives.

What we have now is a farce.

(source: Frank Cagle, Knoxville News-Sentinel)


Execution by gas gets Arkansas panel flak

An 11-year hiatus in executions in Arkansas led one lawmaker to propose studying the method of gas asphyxiation, but her proposal was criticized Monday over fears that it would only add to the state's legal burden of defending death-penalty laws.

A self-described opponent of the death penalty, Rep. Mary Broadaway, D-Paragould, proposed that the House Judiciary Committee commission a study on the "hypoxia" method of death, saying it is the responsibility of the state to determine "the least painful solution" if it wants to conduct executions.

There are 34 men on Arkansas' death row. Lethal injection is the method currently mandated in state law, but the state has not executed anyone since 2005, in part because of legal challenges and difficulty obtaining drugs.

Hypoxia executions would be conducted using nitrogen or another inert gas devoid of oxygen to asphyxiate the condemned. The method is different from the traditional gas chamber, which uses cyanide or another gas to poison the prisoner.

According to Andrew Fulkerson of Paragould, a retired prosecutor and judge who studied the hypoxia method and approached Broadaway about its use in Arkansas, the method has the potential to be less painful than lethal injection.

Oklahoma is the only state to have legalized hypoxia executions, approving the practice last year after a botched lethal injection and a nationwide shortage of execution drugs. A spokesman with Oklahoma's Department of Corrections said nitrogen hypoxia has not yet been put to use and that there is no approved protocol for how it would be carried out.

"This is not a referendum on the death penalty; this is about Arkansas having chosen to have the death penalty and having problems getting the drugs," Broadaway said.

Broadaway's proposal came days after U.S. Supreme Court Justice Samuel Alito denied a request by a group of Arkansas' death-row inmates for more time to file their appeal in their challenge to the execution statute. However, Jeff Rosenzweig, a lawyer for the prisoners, repeated Monday his earlier assurances that he would file their case before the Oct. 19 due date.

The prisoners allege their rights under the U.S. and Arkansas constitutions are violated by a provision of a state law, passed in 2015, that exempts the suppliers of execution drugs from public disclosure. Eight of nine inmates involved in the lawsuit have had their executions scheduled but placed on hold as they mount their appeal.

In recent court filings, Attorney General Leslie Rutledge's office has cast the prisoners' requests for more time as attempts to push the lawsuit past January, when the state's supply of potassium chloride -- 1 of the 3 execution drugs -- expires.

Because the current 3-drug-cocktail method of execution has been declared constitutional by the state Supreme Court, Rutledge's legislative director, Cory Cox, told the Judiciary Committee on Monday that the state should not look at approving more methods of execution that could prompt another lawsuit.

Although he said the attorney general's office wouldn't object to a study, he asked that lawmakers hold off on taking action on any conclusions that might be made.

"We would caution as attorneys for the state anything that might look as throwing doubt at what has been declared constitutional by the state Supreme Court," Cox said.

At the request of the committee chairman, Rep. Matthew Shepherd, R-El Dorado, Broadaway agreed to withdraw her request for the study. Even so, Fulkerson was called to testify before lawmakers.

Broadaway told reporters after the meeting that her proposal was not a "deliberate" attempt to authorize a new way to execute the inmates, though she said it made sense to have a backup. Broadaway added that while she is not seeking re-election next month, she will support any attempt to raise the issue during the next legislative session, which begins in January.

"If we want to stick our heads in the sand, and we don't want to look at anything until we are proven that [the current law] is an unconstitutional method which is simply preventing us from implementing our death penalty. ... I think we're being very short-sighted," Broadaway said during the meeting.

Oklahoma was the 1st state to develop the 3-drug lethal-injection protocol in the 1970s, and it soon became the most popular form of lethal injections. However, Fulkerson said in his testimony that Oklahoma failed to research or consider the method, which led to trouble obtaining drugs and a botched execution in 2014.

Recent botched executions in several states have prompted questions about the ethics of the execution method and caused states like Arkansas to clamp down on disclosing the source of the drugs.

"[Oklahoma] also introduced hypoxia with a similar lack of in-depth study on the issue, so I would encourage [Arkansas] to do that," Fulkerson said.

A spokesman for the Arkansas Department of Correction said in an email that the state never used the gas chamber method of execution. Before enacting lethal injection, the state used the electric chair, which remains the legal alternative if lethal injection is invalidated in court.

Before Fulkerson's testimony, Rep. Laurie Rushing, R-Hot Springs, questioned whether it was necessary to find the most humane method of execution.

"If you've ever had a child that was murdered, have you ever had a child that was raped, have you ever had a child that was left out, just left out to suffer?" Rushing said. "If you have, then you would understand why even if it's in the least-humane way, and this way may be more humane, but we have people right now that have done those crimes that need to be punished instead of wasting taxpayer money."

In a text sent later Monday, Rushing said she was "sticking up" for her colleague, Rep. Rebecca Petty, R-Rogers, whose daughter Andi Brewer was kidnapped and killed in 1999 by a man who now sits on death row.

"I don't think it is appropriate to ask me what my personal experiences are with regard to having a child that's been murdered," Broadaway responded. She said adopting a new method would allow the state to carry out executions if the current law is declared unconstitutional or the state is unable to replace the drugs that expire next year.

The 8 inmates whose executions are on hold are Stacey Johnson, Jason McGehee, Terrick Nooner, Don Davis, Bruce Earl Ward, Marcel Williams, Jack Jones Jr. and Kenneth Williams. A 9th death-row inmate, Ledell Lee, is involved in the case, but his execution has not been set.

If the prisoners file their appeal on time, the stay on their executions will remain in place as long as the U.S. Supreme Court is considering their case.

(source: arkansasonline.com)


Supreme Court vacates Oklahoma inmate's death sentence

The United State Supreme Court vacated an Oklahoma inmate's death sentence, remanding it back for further court proceedings, the court announced Tuesday.

Bosse was convicted and given 3 death sentences for the 2010 deaths of 25-year-old Katrina Griffin, 8-year-old Christian Griffin and 6-year-old Chasity Hammer. Bosse was also convicted of arson for burning the family's mobile home.

In his appeal Bosse argued that the testimony of 3 of the victim's family members recommending the death penalty violated his 8th amendment rights. In a 1987 case, Booth v. Maryland, the Supreme Court held that a jury cannot consider victim impact statements that do not "relate directly to the circumstances of the crime." That case was reconsidered by the Court in 1991 in Payne v. Tennessee, and reversed itself on parts of its findings, but not all.

In its statement, the Supreme Court said the state court erred in ruling that because it reversed part of the Booth decision that all of the case was reversed.

"Booth also held that the admission of a victim's family members'
characterizations and opinions about the crime, the defendant, and the appropriate sentence violates the Eighth Amendment,' but no such evidence was presented in Payne, so the Court had no occasion to reconsider that aspect of the decision," the decision reads.

Evidence showed Katrina Griffin and Christian Griffin were stabbed to death and Chasity Hammer died of smoke inhalation and burns. Bosse was arrested after investigators learned he had pawned items taken from the home. Bosse's appeal included claims of improper evidence, prosecutorial misconduct, ineffective defense counsel, improper jury instructions and improper admission of photos of the victims.

(source: Fox news)


Supreme Court overturns death sentence in Oklahoma triple murder

The U.S. Supreme Court on Tuesday reversed the death penalty of an Oklahoma man convicted of killing a woman and her 2 children.The high court ruled that the judge in the case should not have allowed relatives of the victims to tell the jury a death sentence was proper.

Shaun Michael Bosse was convicted of 3 counts of 1st-degree murder in the 2010 killings in McClain County of Katrina Griffin and her children, Christian and Chastity.

Bosse's attorney objected during the sentencing phase when a prosecutor asked Griffin's relatives to recommend a sentence to the jury, according to the Supreme Court opinion released Tuesday.

In an unsigned opinion, the justices pointed to a 1987 Supreme Court ruling that the Eighth Amendment "prohibits a capital sentencing jury from considering victim impact evidence" that does not "relate directly to the circumstances of the crime."

(source: Tulsa World)


Some death row inmates have been executed despite same error in their cases; one resentenced to life

Over and over, Oklahoma death row inmates have raised the same issue.

They've complained about the fairness of their trials, saying relatives of murder victims should not have been allowed to ask jurors to impose the death penalty.

Over and over, the Oklahoma Court of Criminal Appeals has rejected those arguments.

Federal judges, though, over and over have agreed with the inmates. One murderer won a resentencing in 2013 because of the issue. Other murderers have been executed anyway, after federal judges ruled the error to be harmless. A few murderers still are hoping for relief on that issue.

Tuesday, the U.S. Supreme Court ruled the Oklahoma Court of Criminal Appeals has been wrong all along. Justices stated such victim impact evidence is banned because of the constitutional prohibition against cruel and unusual punishment.

Justices admonished the Oklahoma Court of Criminal Appeals, saying the state court remains bound by a 1987 ruling prohibiting "characterizations and opinions from a victim's family members about the crime, the defendant, and the appropriate sentence unless this Court reconsiders that ban."

The ruling means the Court of Criminal Appeals will have to reconsider the issue in the case of death row inmate Shaun Michael Bosse.

Bosse, 33, of Blanchard, was convicted of murdering a woman and her two children in 2010 inside a mobile home near Dibble. He had briefly dated the woman. At his trial, 3 victim impact witnesses, the woman's father, stepmother and mother, asked the jury to sentence him to death.

McClain County District Attorney Greg Mashburn said the Court of Criminal Appeals, hopefully, will find the error harmless and uphold the death sentence.

"Anytime we've done it, we've been very careful not to expound and let them ... run on and on about it," Mashburn said. "The times it has actually become a problem is when you've let the victim's family kind of roll on about it."

The prosecutor pointed out that Oklahoma law specifically allows such victim impact testimony. He said he won't be asking victim's relatives for their opinions on punishment anymore because of the Supreme Court ruling.

"No, there's no way, now that the Supreme Court has specifically addressed it," Mashburn said. "Why take the chance? Although I really believe the jury should hear that. That's my personal opinion. The jury needs to know. But you've also got to follow the law."

New sentencing

Winning a new sentencing on the issue was Rocky Eugene Dodd, who killed his next-door neighbors in 1994 in Edmond. The victims' throats were slashed.

The 10th U.S. Circuit Court of Appeals in 2013 ordered that Dodd be resentenced because 7 witnesses had called during his trial for his execution.

"This presentation of victim requests for the death penalty was not a one-off or a mere aside. It was a drumbeat," the federal appeals court wrote. "We have found 10 decisions in which we decided that such testimony was harmless. ... This case is different. It is not just the sheer volume of such testimony. This was also a significantly weaker case for the death penalty."

Dodd, now 48, was resentenced by a judge in 2014 to life in prison without the possibility of parole. The new sentence was the outcome of an agreement with prosecutors which required him not to appeal any further.

Other cases

Among those who were executed despite the same issue was Clayton Lockett, who shot a 19-year-old woman and watched as 2 accomplices buried her alive in rural Kay County in 1999. The 10th U.S. Circuit Court of Appeals found victim impact testimony at his trial unconstitutional but harmless.

Problems during Lockett's 2014 execution led to national scrutiny and widespread criticism of the death penalty process in Oklahoma.

Among those still raising the issue is Kevin Ray Underwood, 36, who is on death row for killing a 10-year-old Purcell girl in 2006 because of his cannibalistic fantasies.

The grocery store employee admitted that he killed a neighbor, Jamie Rose Bolin, tried to have sex with her body and used a dagger to try to remove her head. He said he became disgusted with himself and did not eat any of the body.

He told an FBI agent, "I'm going to burn in hell."

The girl's body was found in a large, blue taped-shut plastic tub in the bottom of the bedroom closet of Underwood's apartment.

At trial, the girl's parents asked jurors for the death penalty.

(source: The Oklahoman)


Convicted Kansas serial killer exhausts direct appeals

The U.S. Supreme Court has declined to review the case of a convicted serial killer from Kansas - leaving his capital murder conviction and death sentence intact, Kansas Attorney General Derek Schmidt said in a news release.

The high court's denial means John Robinson's conviction and death sentence, which previously were affirmed by the Kansas Supreme Court, will stand on direct appeal, according to the news release.

Now 14 years since Robinson's conviction, the case will next be returned to the Kansas courts for further proceedings under the Kansas death penalty statute, Schmidt said in the release.

Robinson was convicted in 2002 in Johnson County District Court of capital murder in connection with the serial murders of at least six women, according to the release. This is the 1st death penalty case to exhaust direct appeals since the Kansas Legislature reinstated the death penalty in 1994, Schmidt's office said.

Robinson is 1 of 10 people under sentence of death in Kansas.

Kyle Flack was convicted in March of capital murder and other crimes in a quadruple homicide that took place in spring 2013 west of Ottawa. Flack received the death penalty.

In addition to Flack, other death penalty cases that remain pending at various stages of direct appeals before the Kansas Supreme Court include:

-- Craig Kahler (Osage County)

-- Scott Cheever (Greenwood County)

-- Gary Kleypas (Crawford County)

-- Jonathan Carr (Sedgwick County)

-- Reginald Carr (Sedgwick County)

-- Sydney Gleason (Barton County)

-- Justin Thurber (Cowley County)

-- Frazier Glenn Miller (Johnson County).

In an 11th case, Doug Belt (Sedgwick County), the defendant died in prison, but the appeal remains pending and the Kansas Supreme Court heard oral argument Sept. 16, according to the release.

Although the U.S. Supreme Court's action marks the end of Robinson's direct appeals, under both Kansas and federal law Robinson has remaining options to seek further judicial review through collateral proceedings, according to the release.

(source: Ottawa Herald)


Hearing sorts out death penalty debate

With the death penalty issue on the November ballot, a public hearing was held Tuesday night on the UNO campus.

Nebraska Secretary of State John Gale scheduled these public hearings. By state law, the hearings are required to be held in each of Nebraska's congressional districts whenever a petition issue is on the general election ballot.

Referendum No. 426 will ask voters to either retain or repeal Legislative Bill 268. In 2015, state lawmakers voted in favor of LB 268, which abolished the death penalty and also set a maximum penalty for a first-degree murder conviction at life in prison.

It was clear some people were convinced they'd be voting one way or the other. It was also clear a number of Nebraskans haven't made up their minds about the death penalty.

Vvian Tuttle's mind is made up. Her daughter was killed by bank robbers and she wants them to face what she did. "3 people came in and in 40 seconds they killed my daughter and 4 bank employees. So you know I'm here to talk about retaining the death penalty."

Tuttle has traveled up and down the state to get petition signatures and wants people to vote. "That's her 3-year-old and 5-year-old that never got to see their mother after she went to the bank."

A majority attending the hearing did not agree. "The death penalty does not bring closure to victim's families," said Vicki Pratt. "Nebraska does not have the drugs to carry out an execution."

Some likely voters aren't sure what to make of the tough choice ahead of them. "I think there's kind of some things wrong with the justice system that puts people on death row in the first place," said Carley Adams.

The purpose of the hearings is to allow the public to voice their side and to get answers. "I think that people are becoming much more aware that it's not a simple issue," said Secretary Gale. "The death penalty is a very complex issue."

The actual wording on the ballot has already been an issue for some. "I didn't really know which box I was supposed to mark because the wording on it just seemed very confusing to me," said Jacqueline Schumacher.

The state government has already approved a measure that would overturn the death penalty. What's left is either choosing to retain the vote to get rid of it or repeal the choice and keep the death penalty.

Hearings will also be held at the UNK campus in Kearney on Thursday and at the State Capitol in Lincoln next Tuesday.

(source: WOWT news)


Ricketts donates another $100,000 to death penalty campaign

Gov. Pete Ricketts has given another $100,000 to a ballot campaign seeking to reinstate the death penalty in Nebraska after lawmakers abolished the punishment over his veto last year, according to fundraising numbers released Tuesday.

The contribution brings the governor's total donation to $300,000 since Nebraskans for the Death Penalty launched a statewide ballot drive to overturn the Legislature's decision.

The campaign had raised more than $1.2 million as of last week, according to its filing with the Nebraska Accountability and Disclosure Commission. A group working to keep the death penalty off the books collected more than twice as much, with nearly $2.7 million.

Ricketts' father, TD Ameritrade founder Joe Ricketts, contributed $100,000 to Nebraskans for the Death Penalty last year but has not given since Jan. 1.

"The death penalty remains a critical tool to protect public safety, and this will help raise awareness that Nebraskans who support the death penalty will need to vote to repeal (the repeal law) to keep the death penalty," the governor said in a statement.

Nebraskans for the Death Penalty also reported another $100,000 donation from the Judicial Crisis Network, a Washington-based conservative group focused on the judiciary. Last year, the group contributed $300,000. The Denver-based group Citizens for a Sound Government gave another $50,000 on top of the $125,000 it contributed last year.

The death penalty opposition group Retain a Just Nebraska reported donations from more than 2,600 people, including $10,000 from the late Democratic philanthropist Dick Holland and $500 from actress Susan Sarandon.

"After blanketing the state the past few months, spending hundreds of thousands of dollars on statewide television, radio and digital advertising, we are confident Nebraskans are understanding the same issues their elected representatives did when they voted to end a failed and costly government program," said Dan Parsons, spokesman for Retain a Just Nebraska.

Nebraska hasn't executed an inmate since 1997, using the electric chair, and has never carried one out using its current lethal injection protocol. Opponents argue that the punishment wastes tax dollars because of seemingly endless legal and logistical challenges that have kept the state from imposing it.

Supporters say the punishment is used judiciously and can be restored once state officials obtain the necessary drugs. State officials have floated other options, such as changing the state's 3-drug protocol to gain access to drugs that are easier to obtain.

Ricketts announced last year that his administration would not move forward with any executions until voters have decided whether to overturn the Legislature's decision and reinstate the death penalty. Nebraska currently has 10 men on death row.

(source: Associated Press)

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