State v. Npimnee
Annotate this CaseIn Nebraska, a man named Hope T. Npimnee was convicted of first-degree sexual assault and sentenced to 35 to 40 years in prison. The victim, identified as S.M., claimed that she was intoxicated when Npimnee had non-consensual sexual contact with her. Npimnee appealed his conviction, arguing that the jury instructions were incorrect and contradictory, that there was insufficient evidence to support the theory that S.M. was so intoxicated as to be incapable of resisting, that the court failed to instruct the jury on the defense of consent, and that his trial counsel provided ineffective assistance. The Nebraska Supreme Court affirmed the lower court’s conviction and sentence, finding that the jury instructions were correct and that there was sufficient evidence to support the theory that S.M. was so intoxicated as to be incapable of resisting. The Court also found that there was no need for an additional instruction on the defense of consent, as the jury was already required to find that the sexual contact was without consent in order to convict Npimnee. Npimnee's claims of ineffective assistance of counsel were dismissed due to insufficiently specific allegations.
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