The article below discusses the current state of Nebraska's death penalty. The article notes that a few criminal defense attorneys have argued, unsuccessfully to date, that Nebraska's death penalty is unconstitutional in light of the SCT's recent decision in Hurst v. Florida. Here is how the article describes Nebraska's death penalty process.
In Nebraska, juries must decide — during a second penalty phase held right after the trial — whether aggravating factors against a convicted defendant exist. If juries find, beyond a reasonable doubt, that aggravating factors do exist, a three-judge panel considers any mitigating factors in favor of the defendant.
If the aggravating factors outweigh mitigating factors, the judicial panel may then impose a death sentence.