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STATE v. LOTTER

Nos. S-17-325, S-17-338, S-17-339, S-17-1126, S-17-1127, S-17-1129.

917 N.W.2d 850 (2018)

301 Neb. 125

STATE of Nebraska, appellee, v. John L. LOTTER, appellant.

Supreme Court of Nebraska.

Filed September 28, 2018.

Attorney(s) appearing for the Case

Timothy S. Noerrlinger , of Naylor & Rappl, and Rebecca E. Woodman , Topeka, KS, for appellant.

Douglas J. Peterson , Attorney General, and James D. Smith , Lincoln, for appellee.

Brian William Stull , of American Civil Liberties Union Foundation, and Amy A. Miller , of American Civil Liberties Union of Nebraska Foundation, for amici curiae American Civil Liberties Union Capital Punishment Project and American Civil Liberties Union of Nebraska Foundation.

Heavican, C.J., Cassel, Stacy, Funke, and Papik, JJ., and Bishop and Welch, Judges.

I. INTRODUCTION

In identical, successive postconviction motions filed in three cases, John L. Lotter sought relief based on a 2016 U.S. Supreme Court decision1 and on a death qualification issue. In separate orders filed months apart, the district court denied relief on each issue. Because Lotter...

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