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State v. Nadeem

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Wednesday, January 23, 2013

A-10-0981, State v. Mohammed Nadeem (Appellant)


Lancaster County, District Judge Steven D. Burns


Attorney for Appellant: Elizabeth D. Elliott (Public Defender’s Office)


Attorney for Appellee: Stacy M. Foust (Attorney General’s Office)


Criminal Action: Two Counts: I. Attempted First Degree Sexual Assault and II. Attempted Third Degree Sexual Assault of a Child.


Action Taken by Trial Court: An anonymous jury found Appellant guilty of both counts. He was sentenced to a term of 3-6 years for Count I and 1 year for Count II.


Assignments of Error on Appeal: Appellant assigns that the district court erred in (1) accepting the verdict of the jury as the evidence was insufficient to support the verdict; (2) admitting testimony of prior unusual behavior exhibited by the Appellant in the months leading up to the alleged incident; (3) using an anonymous jury, which violated the Appellant’s constitutional right to due process and to be presumed innocent; (4) failing to give Appellant’s proposed jury instruction #2; (5) imposing an excessive sentence. Appellant also argues he received ineffective assistance of counsel.

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