Committed offender under sentence of death; application for exercise of pardon authority by Board of Pardons; denial; date of execution; fix.
Whenever an application for exercise of the pardon authority is filed with the secretary of the Board of Pardons by a committed offender who is under a sentence of death, the sentence shall not be carried out until the board rules upon such application. If the board denies the relief requested it may set the time and date of execution and refuse to accept for filing further applications from such offender.
Source:Laws 1969, c. 817, § 63, p. 3104; Laws 2015, LB268, § 35; Referendum 2016, No. 426.
Note: The repeal of section 83-1,132 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
The Board of Pardons may set the time and date of execution only when it denies an application for the exercise of pardon authority. An application filed under this section results in an automatic stay of execution until a ruling by the pardons board. Otey v. State, 240 Neb. 813, 485 N.W.2d 153 (1992).