State v. Russell, 908 N.W.2d 669

In 1973, Patrick R. Russell (then 17) strangled an 8‑year‑old boy; he was convicted of first‑degree murder and sentenced to life in 1974, which the Nebraska Supreme Court affirmed on direct appeal.
Following Miller v. Alabama and Nebraska precedent, Russell sought and obtained postconviction relief and a resentencing hearing under Neb. Rev. Stat. § 28‑105.02 (juvenile sentencing factors).
At the mitigation hearing the court received expert testimony about adolescent brain development and a psychological evaluation indicating personality disorder features, low institutional violence risk, but longstanding denial/minimization of responsibility and limited community support.
Russell’s institutional record included educational and vocational achievements, 26 misconduct reports (most recent 2010), and mixed evaluations about readiness for community placement.
The district court considered statutory and Miller‑required juvenile mitigating factors, weighed the nature and violence of the offense, and resentenced Russell to 110–126 years with parole eligibility after 55 years (eligible at about age 72).
Russell appealed only arguing the sentence was excessive/de facto life; the Nebraska Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 110–126 year sentence is excessive/abuse of discretion	Russell: sentence is excessive, tailored to crime not offender; effectively a de facto life term given parole eligibility at ~72	State: sentence within statutory limits; court considered Miller factors and relevant sentencing criteria	Court: no abuse of discretion; sentencing court considered required juvenile and ordinary factors and afforded meaningful parole opportunity
Whether a long term‑of‑years sentence that yields late‑life parole eligibility is a de facto life sentence	Russell: lengthy term that delays parole until 70s is functionally life	State: such sentences can satisfy Graham/Miller if they give a realistic opportunity for release	Court: donee of discretion; consistent with prior Nebraska precedent, parole eligibility in early 70s did not make sentence unconstitutional or an abuse of discretion

Miller v. Alabama, 567 U.S. 460 (2012) (juvenile homicide sentencing requires consideration of youth‑related mitigating factors before life without parole)
Graham v. Florida, 560 U.S. 48 (2010) (categorical bar on life without parole for nonhomicide juvenile offenders; principle that juveniles’ characteristics matter)
Roper v. Simmons, 543 U.S. 551 (2005) (juveniles are less culpable due to developmental differences)
State v. Smith, 295 Neb. 957 (2017) (Nebraska precedent addressing lengthy term‑of‑years sentences and meaningful opportunity for release for juvenile offenders)
State v. Mantich, 295 Neb. 407 (2016) (application of Miller in Nebraska resentencing context)