District Judge Robert Ensz ruled that prosecutors could...

District Judge Robert Ensz ruled that prosecutors could not seek the death penalty against Nazario Robles, a defendant in a Madison County murder trial. Judge Ensz ruled that Nebraska's death penalty procedure is rendered unconstitutional by the U.S. Supreme Court's decision in Ring v. Arizona. In Nebraska, juries determine the guilt or innocence of the defendant, but judges are responsible for determining the sentence. Governor Mike Johanns has called a special legislative session starting November 7 to change the state's death penalty laws. In the meantime, prosecutors are asking that jurors be allowed to render "special verdicts" that would permit them to determine eligibility for the death penalty if they found a defendant guilty. Judges could then sentence the defendant to death if the jury found the necessary aggravating factors. Defense lawyers argue that such a process would be contrary to state law. On November 5, the Nebraska Supreme Court will hear arguments to decide if Nebraska can continue to sentence people to death using "special verdicts," or if prosecutors will have to wait until after the legislature changes the laws to pursue death penalty cases.