State v. Kipple
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The Supreme Court affirmed Defendant's convictions for two counts of child enticement and one count of tampering with a witness but vacated Defendant's sentence for witness tampering, holding that Defendant's sentence for witness tampering was error and that Defendant's remaining assignments of error were without merit.
Specifically, the Supreme Court held (1) there was no plain error in the opening, closing, and rebuttal statements by the prosecutor; (2) the district court did not err by failing to instruct the jury on the absence of permission as an element of Neb. Rev. Stat. 28-311(2)(a); (3) Defendant's sentence for witness tampering was error, and the sentence should be vacated and the cause remanded for resentencing under a post-Neb. Laws, L.B. 605 law; and (4) there was no merit to Defendant's claim that trial counsel was ineffective for failing to file a motion to dismiss on grounds that Neb. Rev. Stat. 28-311(1)(b) was unconstitutional as applied to Defendant.
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