Summary
The Nebraska Supreme Court affirmed Shelley L. Casterline’s sentence of life-to-life imprisonment following her guilty plea to second degree murder. The court held that such a sentence is permissible for a Class IB felony under Nebraska law and declined to overrule prior decisions or disregard legislative acquiescence concerning the interpretation of the sentencing statute.
Topics
Practice areas
Questions Presented
- Whether Nebraska law permits a life-to-life sentence for second degree murder, a Class IB felony.
- Whether Nebraska Revised Statutes sections 29-2204, 28-105, and 28-304 prohibit imposing a life-to-life sentence for second degree murder.
- Whether the Nebraska Supreme Court should overrule its prior decisions approving life-to-life sentences and decline to apply legislative acquiescence.
Holdings
- A life-to-life sentence is permissible for second degree murder, a Class IB felony, under Nebraska Revised Statutes section 29-2204.
- Sections 28-105 and 28-304 do not prohibit a life-to-life sentence for second degree murder because second degree murder is a Class IB felony, for which the statutory maximum sentence is life imprisonment.
- The court declined to overrule State v. Schnabel and declined to disregard the doctrine of legislative acquiescence.
Key quotations
“Although § 29-2204(1)(a)(ii) permits a sentencing judge imposing a maximum term of life imprisonment for a Class IB felony to impose a minimum term of years not less than the statutory mandatory minimum, it does not require the judge to do so.” (988)
“Our case law clearly holds that a life-to-life sentence is permissible.” (990)
Factual background
Casterline was charged in connection with the death of Virginia Barone. Under a plea bargain, she pleaded guilty on April 22, 2014, to second degree murder, a Class IB felony. On September 30, 2014, the district court imposed a sentence of not less than life and not more than life imprisonment, with credit for 353 days served.
Procedural history
Casterline was initially charged with first degree murder, use of a weapon to commit a felony, and burglary. Pursuant to a plea bargain, she pleaded guilty to second degree murder, a Class IB felony. The Webster County District Court sentenced her to not less than life and not more than life imprisonment, and the Nebraska Supreme Court affirmed.