State v. Victor

FACTUAL AND PROCEDURAL BACKGROUND

Clarence Victor was convicted of first degree murder and sentenced to death in 1988. This court affirmed Victor’s conviction and sentence in State v. Victor, 235 Neb. 770, 457 N.W.2d 431 (1990). This court also affirmed the subsequent judgment of the district court denying Victor postconviction relief in State v. Victor, 242 Neb. 306, 494 N.W.2d 565 (1993). The facts of Victor’s crime are more fully set forth in those opinions, but are not relevant to the current appeal.

In 1998, the Legislature amended Neb. Rev. Stat. § 28-105.01 (Cum. Supp. 1998), which now…