State v. Ramirez

Nebraska Advance Sheets 356 287 NEBRASKA REPORTS without merit under either alternative formulation, his coun- sel was not ineffective in not asserting it at sentencing or on direct appeal. CONCLUSION To summarize, in my view, the rule announced in Miller is procedural and does not apply to Mantich on collateral review. I would find that Graham has no application to Mantich’s sentence of life imprisonment for first degree felony murder, a homicide, and that Mantich’s alternative claim that his sen- tence was grossly disproportionate to his crime is procedurally barred. Because these claims…