State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2543

29-2543. Person convictedof crime sentenced to death; Supreme Court; warrant.(1) Whenever any person hasbeen tried and convicted before any district court in this state, hasbeen sentenced to death, and has had his or her sentence of death affirmed by theSupreme Court on mandatory direct review, it shall be the dutyof the SupremeCourt to issue a warrant, under the seal of the court, recitingtherein the conviction and sentence andestablishing a date for the enforcement of the sentence directedto the Directorof Correctional Services, commanding him or her to proceed atthe time named in the warrant. The date of execution shallbe set no later than sixty days following the issuance of the warrant.(2) Thereafter,if the initial execution date has been stayed and the original execution datehas expired, the Supreme Court shall establish a new date for enforcementof the sentence upon receipt of notice from the Attorney General that thestay of execution is no longer in effect and issue its warrant to the director.The date of execution shall be set no later than sixty days following theissuance of the warrant. SourceLaws 1973, LB 268, § 28; Laws 1993, LB 31, § 12; Laws 2009, LB36, § 7.AnnotationsNebraska Supreme Court has jurisdiction to set successive execution dates and issue warrants as may be needed. State v. Joubert, 246 Neb. 287, 518 N.W.2d 887 (1994).