Feb. 8 (Bloomberg) -- The Nebraska Supreme Court banned the use of the electric chair for executions, finding the practice violates the state constitution's prohibition against cruel and unusual punishment.

``We recognize the temptation to make the prisoner suffer, just as the prisoner made an innocent victim suffer,'' Justice William Connolly wrote today in a 6-to-1 decision. ``But it is the hallmark of a civilized society that we punish cruelty without practicing it.''

Nebraska has been the only state since July 2002 to have electrocution as its sole method of execution, according to the decision. The court said that, though it's previously upheld use of the electric chair, it did so without reviewing ``a factual record showing electrocution's physiological effects on a prisoner.'' Evolving standards of decency called for the review, the court said.

The case stemmed from the June 2000 death sentence of Raymond Mata Jr., who was convicted of murdering and dismembering 3-year-old Adam Gomez. The court upheld Mata's death sentence but stayed it. It said that when the state petitions the court for a date to execute Mata, it should demonstrate that it has a ``constitutionally acceptable method of carrying out Mata's sentence.''

Nebraska Attorney General Jon Bruning said today in a statement that he will file a motion asking the court to reconsider its ruling.

`Surprised, Disappointed'

``I'm surprised and disappointed with the ruling and think the court is mistaken,'' Bruning said in the statement.

Nebraska Governor Dave Heineman said in a statement that he's ``appalled'' by the decision.

Chief Justice Michael Heavican dissented from the ruling.

The state had argued that neither Nebraska's high court nor the U.S. Supreme Court has held that an execution method is unconstitutional, according to the ruling.

The court agreed with Mata that some prisoners experience unnecessary pain, suffering and torture from electrocution.

``Contrary to the state's argument, there is abundant evidence that prisoners sometimes will retain enough brain functioning to consciously suffer the torture high-voltage electric current inflicts on a human body,'' Connolly wrote.

Gomez was the son of Mata's former girlfriend, according to Bruning spokeswoman Leah Bucco-White. After kidnapping and murdering the child, Mata, of Scottsbluff, Nebraska, dismembered the body. Human bone fragments were found in the stomach of Mata's dog, Bucco-White said, citing court documents.

The case is State of Nebraska v. Mata, S-05-1268, Supreme Court of Nebraska (Lincoln).

To contact the reporter on this story: Thom Weidlich in New York at tweidlich@bloomberg.net.

Last Updated: February 8, 2008 18:48 EST