8th Circuit reinstates Palmer death sentence despite Nebraska Supreme Court missteps

Palmer v. Clarke The 8th Circuit Friday corrected numerous errors our friend Federal District Court Judge Bataillon committed while he was bending over backwards to reverse Chales Jess Palmer’s death sentence. At the same time the yeoman 8th Circuit had to carry the mistake-prone Nebraska Supreme Court on its back. News reports focused on the 8th Circuits dismissing Palmer’s electrocution as cruel and unusual punishment, but did not mention that Federal District Court Judge Bataillon was making up reasons to release Palmer from death row. Nor did newspapers report a glaring mistake the Nebraska Supreme Court made in companion 4th Palmer Nebraska Supreme Court decision that might have caused a more activist Appeals Court to throw out his death sentence. The 8th Circuit notes in its footnote 9 that the Nebraska Supreme Court inaccurately states the rule on whether a defendant would have notice that “exceptional depravity” would amount to an aggravating factor in sentencing if that law was in effect at the time of sentencing. See footnote 9: It appears that the Nebraska Supreme Court misquoted its own governing standard. Compare {State v. Palmer, 600 N.W.2d 756 (Neb. 1999) (Palmer IV) , 771 (citing State v. Moore, 553 N.W.2d 120 (Neb. 1996)) with State v. Moore, 553 N.W.2d at 134. Notice applied applied at time of sentencing misstates the due process rule.See Bouie v. City of Columbia, 378 U.S. 347, 354 (1964).