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842 N.W.2d 771
Neb.
2014
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Taylor
Court Name: Nebraska Supreme Court
Date Published: Feb 14, 2014
Citations: 842 N.W.2d 771; 287 Neb. 386; S-12-434
Docket Number: S-12-434
Court Abbreviation: Neb.
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    State v. Taylor, 842 N.W.2d 771