On October 1, a jury found James B. Bennett guilty of first-degree murder and attempted murder in the death of his ex-wife, Sarah Bennett.
Bennett had pleaded not guilty to all charges.
His lawyers argued that his actions were in self-defense.
Prosecutors, however, said that he was a “dangerous” man who had killed his ex.
His ex-girlfriend was 17 at the time of the murder.
He had been diagnosed with borderline personality disorder and schizophrenia and was on medication for bipolar disorder, according to court documents.
He was also on probation for a previous domestic violence incident with a former wife.
He told police he killed her because she threatened to leave him.
Bennett was sentenced to death.
His case brought attention to the death penalty, and a handful of states have already executed someone on the death row.
The Lincoln lawyer who represented Bennett’s defense is now suing the state of Nebraska, claiming that the state failed to disclose critical evidence that he requested, and that it withheld evidence that would have exonerated him.
In a filing with the Nebraska Supreme Court, attorney Paul C. Bowers argues that Nebraska should have been notified that Bennett had been sentenced to die before it executed him, and should have known he would die in prison before it carried out the procedure.
Bower is the former legal counsel for former Nebraska Supreme Judicial Court Chief Justice Paul P. Lamberth, who was executed by lethal injection in 2007.
He argued that the Nebraska Constitution requires the state to notify the governor when a person is sentenced to be executed, and Nebraska was negligent by not doing so.
Benders attorney says Bennett’s lawyers failed to receive the proper notice because they failed to request an execution date, which they should have done.
The state did not notify Bowers that Bennett was about to be sentenced to execution, and Bowers argued in his lawsuit that it was a violation of the Nebraska constitution that he could not request the execution date before he was sentenced.
Borson’s attorney, Robert J. Daley, did not respond to a request for comment.
Betson was convicted of the murders of his wife, Sarah, and their two young children in 2008, and served 18 years in prison.
He is currently serving his sentence at the Lincoln State Prison, which is where Bennett was executed.
He has since filed a wrongful death suit against Nebraska, arguing that his ex was wrongfully killed.
Bennett is the sixth person in the United States to be put to death by lethal-injection drugs.
The execution of an inmate in Texas in 2013 is also the first to be carried out by lethal injections.
Nebraska and other states have carried out at least five executions of people on death row since 2011.