842 N.W.2d 771
Neb.2014Background
- Taylor was convicted of first degree murder and use of a deadly weapon to commit a felony for the Curtis Avenue shooting that killed Justin Gaines; he was 17 at the time.
- He received life imprisonment plus a consecutive 10-year to 10-year term for the deadly weapon conviction; on appeal, Miller v. Alabama was decided after sentencing
- The Nebraska trial court’s sentencing for a juvenile offender raised Miller-based Eighth Amendment challenges to a life-without-parole-structured result
- This Court affirmed the convictions but vacated the life sentence and remanded for resentencing under § 28-105.02 with mitigating considerations
- Castaneda and related legislative changes prompted remand guidance, applying new statutes to post-act, pre-judgment resentencing
- The case includes identification and evidentiary issues (showup and hearsay) that affected trial, but only as background to the sentencing remedy
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Copeland’s location-of-gun testimony was inadmissible hearsay | Taylor | Taylor | Harmless error; testimony cumulative; did not affect guilt |
| Whether Strominger’s in-court identification of Taylor violated due process | Taylor | Taylor | Not unduly suggestive; identification admissible |
| Whether Taylor’s life sentence was unconstitutional under Miller and how to remand | Taylor | Taylor | Life sentence vacated; remanded for resentencing under § 28-105.02 |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory life without parole for juveniles violates Eighth Amendment)
- Perry v. New Hampshire, 132 S. Ct. 716 (U.S. 2012) (two-part test for unreliable identifications; due process concerns)
- Neil v. Biggers, 409 U.S. 188 (U.S. 1972) (reliability factors for identification evidence)
- State v. Wickline, 232 Neb. 329, 440 N.W.2d 249 (Neb. 1989) (one-on-one identifications not unduly suggestive under totality of circumstances)
- State v. Faust, 269 Neb. 749, 696 N.W.2d 420 (Neb. 2005) (reliability factors for witness identifications)
