Supreme Court of Nebraska

“ If the reasons given by the court for its action are clearly untenable or unreasonable, if its action clearly amounts to a denial of justice, if clearly against justice or conscience, reason, and evidence, it has abused its discretion. ”

“ In response, Harrison urges this court to affirm the sentences, claiming that she now faces her alcohol problem, that she is subject to conditions of probation, and that removing her from the home would be detrimental to her dependents. Having reviewed the record in this case and the criteria set out in § 29-2322, we believe that a sentence of probation must be said to be excessively lenient.
The nature of the offenses are extremely serious, from both the standpoint of the loss of lives and the injury which the survivor, Nicolich, sustained and from which he still suffers. ”

“ Robyn and my mother, Janice, were brought to their deaths while driving through Sidney on June 28, 1996. My father, Joe Nicolich, was there too, as he was the driver. I am writing to you today in regards to Verma Harrison, who was driving the vehicle that crashed into my parents' car on I80. I understand her sentencing date is approaching quickly, and we wanted to let you know our thoughts. It's a little hard for me to know where to begin. To try to describe the agony of losing our precious daughter and mother is not something we can easily do, for the pain runs so very deep. ”

“ Harrison reported to the probation officer preparing the presentence report that she stated to the Wyoming judge at sentencing on the prior driving under the influence conviction that "'I am thankful I did not kill anybody."' Harrison participated in an 8-hour alcohol abuse course in connection with the Wyoming driving under the influence conviction. ”

“ He determined that the Nicolich vehicle was completely on the shoulder at the time of impact, traveling at a rate of approximately 25 miles per hour. Harrison was driving on the shoulder at the time of the impact at a rate of 65 to 70 miles per hour. Contrary to Harrison's assertions, Lynch stated that Harrison did not attempt to avoid a collision because " [t] his type of accident is consistent with a vehicle just going in a straight line at 14 degrees to the struck vehicle." ”

“ And if I did that, it might give them some temporary sense of relief or some sense that our loved ones lives have been vindicated to some small, small degree. The trial judge concluded: Were it not for the letter from Mr. and Mrs. ”