Douglas County, Judge John D. Hartigan
Attorneys: Thomas C. Riley (Public Defender) --- Stacy M. Foust (Attorney General’s Office)
Criminal: Count I, Murder in the First Degree; Count II, Use of deadly weapon to commit a felony; Count III, Murder in the First degree; Count IV, Use of a deadly weapon to commit a felony; Count V Attempted Murder in the Second Degree; Count VI, Attempted Robbery; Count VII, Use of a Deadly Weapon to commit a Felony; and Count VIII, Criminal Conspiracy
Proceedings below: Appellant was found guilty of the above crimes after a jury trial. Appellant was sentenced as follows: Counts I and III: life in prison without possibility of parole; Counts II and IV: 10 to 15 years, to be served consecutively to the life sentences; Count V: concurrent 10 to 20 year sentence; Count VI: a concurrent 10 to 15 year sentence; Count VII, a concurrent 10 to 15 year sentence to be concurrent with all counts but Count VI and a concurrent 10 to 15 years in prison for Count VIII. The matter was argued before the Supreme Court in December 2011. On July 12, 2012, the Court ordered the matter to be reargued November 2012 and ordered supplemental briefing by the parties.
Issues on reargument: (1) Whether, under Miller v. Alabama, 567 U.S. ____, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) (a) Nebraska’s sentencing scheme is mandatory, and (b) Castaneda’s two sentences of life imprisonment constitute life without parole sentences; (2) Whether the facts that the crimes were committed in 2008 and Castaneda was sentenced in 2010 are of any consequence to the question of whether the Miller holding applies to this case; and (3) If the Miller holding applies to this case, what is the proper remedy?