No. 18-8415

John L. Lotter v. Nebraska

Lower Court: Nebraska
Docketed: 2019-03-13
Status: Denied
Type: IFP
IFP
Tags: capital-punishment capital-sentencing death-penalty due-process eighth-amendment fourteenth-amendment judicial-discretion jury-trial sentencing sixth-amendment
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amendment to the United States Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does Nebraska's capital sentencing scheme requiring a three-judge panel, rather than a jury, to impose a sentence of death violate the Eighth Amendment to the United States Constitution? 2. Does Nebraska’s capital sentencing scheme violate the Sixth and Fourteenth Amendments to the United States Constitution in light of Hurst v. Florida, 136 S. Ct. 616 (2016)? i

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-24
Reply of petitioner John L. Lotter filed. (Distributed)
2019-05-10
Brief of respondent State of Nebraska in opposition filed.
2019-04-11
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2019.
2019-04-09
Motion to extend the time to file a response from April 12, 2019 to May 10, 2019, submitted to The Clerk.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2019)
2019-02-05
Application (18A807) granted by Justice Gorsuch extending the time to file until March 9, 2019.
2019-01-28
Application (18A807) to extend the time to file a petition for a writ of certiorari from February 7, 2019 to March 11, 2019, submitted to Justice Gorsuch.

Attorneys

John L. Lotter
Rebecca Ellen WoodmanRebecca E. Woodman, Attorney at Law, L.C., Petitioner
State of Nebraska
James D. SmithNebraska Department of Justice, Respondent