State v. Gray, 307 Neb. 418

Background

Defendant Neland T. Gray Jr. pleaded guilty to second-degree murder (Class IB) and to use of a deadly weapon to commit a felony (Class II); district court sentenced him to life imprisonment for murder and a consecutive term of 25–35 years for the weapons offense.
On December 31, 2018, Gray stabbed his ex‑girlfriend Dijah Ybarra at least 15 times after a conversation in which she said she was moving on; he pursued her as she fled, left her dying on the curb, and took her car.
Gray had a documented history of domestic violence against Ybarra (including a prior incarceration for assaulting her), threats to others, violations of a protection order while incarcerated, and assaults on other inmates; he also repeatedly violated postrelease supervision terms (contacting Ybarra, possessing a knife, and using alcohol).
Presentence materials showed Gray was 21 at the offense (22 at sentencing), had substance‑abuse and mental‑health issues, a troubled childhood with exposure to domestic violence, limited stable employment, and a lengthy juvenile/adult criminal record.
Defense asked for a sentence allowing eventual release, relying principally on Gray’s youth, remorse, psychological and substance‑abuse history, and difficult upbringing; the court emphasized Gray’s violent history, premeditation, disregard for court orders, and concluded he remained a danger.
Gray appealed, arguing the life sentence for second‑degree murder was excessive/abuse of discretion; the Nebraska Supreme Court affirmed the sentence.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Gray’s life sentence for second‑degree murder was excessive / an abuse of discretion	State: Sentence is within statutory limits and the court properly weighed sentencing factors and Gray’s violent history; affirm	Gray: Life without parole eligibility is excessive given his youth, background, substance abuse, remorse, and comparables (e.g., Iromuanya)	Affirmed: No abuse of discretion — court considered appropriate factors, and Gray’s premeditation, violent history, and violations warranted life sentence

Key Cases Cited

State v. Smith, 240 Neb. 97, 480 N.W.2d 705 (Neb. 1992) (appellant must assign and specifically argue alleged errors on appeal)
State v. Smith, 292 Neb. 434, 873 N.W.2d 169 (Neb. 2016) (conclusory assertions without analysis are insufficient on appeal)
State v. Weaver, 267 Neb. 826, 677 N.W.2d 502 (Neb. 2004) (definition and standard of judicial abuse of discretion)
State v. Lassek, 272 Neb. 523, 723 N.W.2d 320 (Neb. 2006) (sentencing factors to be considered)
State v. Thieszen, 300 Neb. 112, 912 N.W.2d 696 (Neb. 2018) (sentencing principles and discretionary review)
State v. Iromuanya, 272 Neb. 178, 719 N.W.2d 263 (Neb. 2006) (reduced life sentence for a youthful offender with minimal criminal history)