State v. Jones
297 Neb. 557
| Neb. | 2017Background
- Jones pled no contest to first-degree murder at age 16 for a 1998 killing; he was sentenced to life; Miller v. Alabama retroactively required resentencing for juveniles.
- Miller v. Alabama (2012) held mandatory LWOP for juveniles is unconstitutional and requires individualized consideration.
- Nebraska amended §28-105.02 (2016) to require mitigating factors and set a framework for juvenile sentencing.
- Jones’ postconviction relief led to vacating the sentence and scheduling resentencing in 2015.
- Mitigation evidence at an August 2016 hearing included psychological evaluations and testimony about Jones’ background and maturity.
- District Court resentenced Jones on October 3, 2016 to 80 years to life with parole eligibility at age 56; Jones appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 80-to-life with parole at 56 is de facto life without parole | Jones argues it functionally equals LWOP | State contends it’s not a de facto LWOP given parole eligibility | Not a de facto LWOP; parole eligibility renders it constitutional under Smith/Miller. |
| Whether the court erred by not making explicit age-related findings | Jones claims due process requires explicit age-related findings | State argues no explicit findings required when parole is possible | No mandatory explicit age-related findings; due process satisfied. |
| Whether the sentence is disproportionate under the Eighth Amendment | Jones claims sentence is grossly disproportionate to the offense/offender | State argues the offense and offender justify some severity given planning and violence | Sentence not disproportionate under Eighth Amendment; within narrow proportionality limits. |
Key Cases Cited
- Miller v. Alabama, 567 U.S. 460 (2012) (mandatory LWOP for juveniles unconstitutional; individualized consideration required)
- Mantich, 287 Neb. 320 (2014) (retroactivity of Miller; postconviction relief and remand for resentencing)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (constitutional remedy for Miller claims; retroactive applicability)
- Garza, 295 Neb. 434 (2016) (no need for explicit irreparable corruption finding when not LWOP)
- State v. Smith, 295 Neb. 957 (2017) (meaningful opportunity to obtain release; life expectancy considerations)
- State v. Nollen, 296 Neb. 94 (2017) (age-related considerations and Miller framework)