State v. Conover, 270 Neb. 446

Summary

The Supreme Court of Nebraska held that the Legislature exceeded the scope of a 2002 special session by amending the penalty for a Class IA felony to include life imprisonment without parole. The court vacated Louis M. Conover II's sentences of life imprisonment without parole for two first degree murder convictions and remanded for resentencing to consecutive terms of life imprisonment, while affirming the convictions.

Holdings

1. The 2002 amendments to Nebraska Revised Statutes sections 28-105(1) and 29-2520(1), which inserted the phrase "without parole" after "life imprisonment," were not related or germane to, and had no natural connection with, the purposes stated in the Governor's proclamation convening the special session. The Legislature therefore lacked constitutional authority to enact those amendments.
2. The district court had authority to impose life imprisonment on each conviction but lacked authority to add the phrase "without parole." The sentences of life imprisonment without parole were erroneous but not void.
3. On direct appeal, the Nebraska Supreme Court may remand a cause for imposition of lawful sentences when erroneous sentences have been pronounced.

Questions Presented

1. Whether the Nebraska Legislature violated article IV, section 8, of the Nebraska Constitution by amending the penalty for a Class IA felony during the 2002 special legislative session.
2. Whether the district court could lawfully impose life imprisonment without parole under the 2002 amendment to Nebraska Revised Statutes section 28-105(1).
3. Whether Conover's sentences were erroneous but not void and should be vacated and remanded for resentencing.
4. Whether the court should address Conover's ineffective-assistance and consecutive-sentencing assignments on direct appeal.

Disposition

remanded