Nebraska Attorney Challenges Supreme Court Decision

A recent decision by the US Supreme Court that juries, not judges must make the life or death decision for death row inmates has raised many questions. Attorney General Don Stenberg says prosecutors do not have to wait for the legislature to change the law and can proceed with death-penalty cases. Prosecutors can simply ask jurors to decide whether the crime merits the death penalty. That would allow the judge to sentence the defendant based on the jury's findings. Also will inmates already on death row still be put to death. According to the Attorney General the answer is yes. Stenberg says there's no language in the ruling that says the new rule will be retro-active. But he speculates that won't stop them from trying to appeal. An attorney who represents several death row inmates says the new tactic will lead to more time in court and predicts more appeals.