Legal Opinion · Dissent

State v. Moore

Nebraska Supreme Court

Decided May 2, 2007No. S-95-485Published

1DissentHeavican, C.J.

Initially, we note that state and federal courts have considered numerous cases concerning Moore’s conviction, sentencing, and resentencing.1 In his second postconviction action following his resentencing to death, Moore raised an Eighth Amendment challenge to execution by electrocution generally and to the electrocution procedure in the then newly adopted 15-second protocol. Moore requested an order declaring electrocution to be unconstitutional.

On appeal from the denial of his request, this court determined that Moore’s constitutional challenge to electrocution as the state-mandated method…

2Cases cited20 opinions

  1. Nelson v. CampbellSupreme Court of the United States · 2004
  2. Hill v. McDonoughSupreme Court of the United States · 2006
  3. Sireci v. FloridaSupreme Court of the United States · 1982
  4. State v. MooreNebraska Supreme Court · 1982
  5. Carey Dean Moore v. Harold W. Clarke, Carey Dean Moore v. Harold W. ClarkeCourt of Appeals for the Eighth Circuit · 1990

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