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State v. Kibbee

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Tuesday, May 1, 2012

Thayer County, Judge Vicky Johnson

Attorneys: Jerry L. Soucie (Commission on Public Advocacy) (Appellant) --- Stacy M. Foust (Attorney General’s Office)

Criminal: Count I: first degree sexual assault; Count II: child abuse

Proceedings below: A jury found Appellant guilty on both counts. He was sentenced to concurrent sentences of 30 to 40 years and 4 to 5 years in prison.

Issues: The district court erred in (1) admitting evidence of prior sexual contact in violation of Neb. Rev. Stat. § 27-404 and Neb. Rev. Stat. § 27-403 and in error of Neb. Rev. Stat. § 27-414 and the Ex Post Facto clauses of the U.S. and Nebraska Constitutions; (3) rejecting Appellant’s judicial admission of “preparation, motive, opportunity, and plan” regarding contact with K.D. so as to avoid the prejudice attached to evidence of prior sexual contact with minors; (4) overruling Appellant’s motion for mistrial after certain judicial admissions were offered as part of the State’s case-in-chief during trial; (5) failing to instruct the jury on the lesser offense of 3rd degree sexual assault after Appellant’s judicial admissions were received into evidence.

This page was last modified on Friday, May 4, 2012