Killer's "Vindictive Sentence" Appeal Rejected

By: The Associated Press Email
By: The Associated Press Email

The Nebraska Supreme Court has rejected a convicted killer's second appeal, saying the man did not prove that a judge acted vindictively in sentencing him to up to 50 years for a weapons count.

Daniel Miller was convicted in the 2008 shooting death of 18-year-old Julius Robinson outside a southwest Omaha apartment complex.

Miller was originally sentenced to life without parole for first-degree murder and another 10 years for a weapons count, but the Nebraska Supreme Court ordered a new trial last year.

Miller subsequently pleaded guilty to reduced charges and was sentenced to 20 years for manslaughter and 30 to 50 years on a weapons count.

In his latest appeal, Miller said the harsher sentence for the weapons count was imposed vindictively because of Miller's success in his first appeal.

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