Legal Opinion

State v. Russell

Nebraska Supreme Court

Decided March 30, 2018No. S-17-197PublishedCited by 27 opinions

1Opinion of the CourtCassel, J.

INTRODUCTION

In 1974, a court sentenced Patrick R. Russell to life imprisonment for a murder he committed at age 17. Following decisions in Miller v. Alabama 1 and State v. Mantich , 2 Russell sought postconviction relief in the form of a new sentencing hearing. The court granted relief and resentenced Russell to 110 to 126 years' imprisonment, making him eligible for parole at age 72. Because the sentence does not constitute an abuse of discretion, we affirm.

BACKGROUND

CRIME AND DIRECT APPEAL

The facts and circumstances surrounding Russell's crime are set out in greater detail in our decision…

2Cases cited10 opinions

  1. Miller v. AlabamaSupreme Court of the United States · 2012
  2. Roper v. SimmonsSupreme Court of the United States · 2005
  3. Graham v. FloridaSupreme Court of the United States · 2010
  4. State v. ZuberSupreme Court of New Jersey · 2017
  5. State v. RussellNebraska Supreme Court · 1975

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3Cited by27 opinions

  1. State v. LeahyNebraska Supreme Court · 2018
  2. Carter, Bowie, McCullough v. StateCourt of Appeals of Maryland · 2018
  3. State v. TuckerNebraska Supreme Court · 2018
  4. State v. SteeleNebraska Supreme Court · 2018
  5. United States v. Tony SparksCourt of Appeals for the Fifth Circuit · 2019

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