Nebraska Supreme Court waffles again (this time on death penalty)

If anyone deserved the death penalty, certainly it would be Arthur Gales, convicted of attempting to kill a mother and then going back to his victims home to off her kids and rape one of them because they might testify against him. Defense counsel had no choice but to throw every defense to the death penalty against the wall to see what might stick to the Nebraska Supreme Court. This was Gales second shot at appealing his sentence as the US Supreme Court ruling Ring v. Arizona, occurred while this appeal was pending, see Schriro v. Summerlin (Ring is not retroactive) The electric chair reared its head again, as those against the death penalty know it is best to chip away at the death penalty a little at a time, in this case by attacking the electric chair. This time the Nebraska Supreme Court states that it will not overrule the electric chair because Gales counsel did not bring it anything new to consider. Is it just me or does the Nebraska Supreme Court sometimes display an annoying tendency to decide not to adopt the rule, leave a little wiggle room, and then suddenly it will, for example: the "Daubert" issue, discussed ealier; the various Reeves appeals; and the constitutionality of the Nebraska Medical Malpractice law? Finally the federal courts might throw out Nebraska's death penalty system, as the court notes the Nebraska Federal District court ruled appellate proportionality review unconstitutional. If that happens I think the Nebraska Supreme Court wont stand in the way.