Legal Opinion

Opinion No. (1996)

Nebraska Attorney General Reports

Decided August 21, 1996Published

1Opinion of the Court

REQUESTED BY: Senator Chris Beutler You have asked whether the Nebraska Pardons Board can commute a death sentence to a sentence of life without parole. We conclude that the Nebraska Pardons Board has the absolute power of pardon under the Nebraska Constitution and that the Board may commute a sentence to any lesser sentence or may issue a complete pardon to the offender.

Article IV, § 13 of the Nebraska Constitution provides in part:

"The Governor, Attorney General and Secretary of State, sitting as a Board, shall have power to remit fines and forfeitures and to grant respites, reprieves,…

2Cases cited4 opinions

  1. Schick v. ReedSupreme Court of the United States · 1974
  2. The LauraSupreme Court of the United States · 1885
  3. Otey v. StateNebraska Supreme Court · 1992
  4. State Ex Rel. Stenberg v. MooreNebraska Supreme Court · 1996

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