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State v. Osborne (PFR)

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Wednesday, May 29, 2013

S-12-0112, State v. Dean L. Osborne (Appellant)

Saunders County, Judge Mary C. Gilbride

Attorneys: Cynthia Lamm (Appellant) --- Kimberly A. Klein (Attorney General’s Office)

Criminal: 3rd degree sexual assault of a child; obscene motion picture, show or presentation to a minor

Proceedings below: The county court found Appellant guilty. He appealed to the district court which affirmed. The Court of Appeals affirmed in part, and in part reversed and remanded with directions to dismiss. See State v. Osborne, 20 Neb. App. 553 (2013) (Irwin, J., dissenting). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on review: 1. The Court of Appeals erred in failing to find the evidence presented, by the State was legally insufficient to support the Appellant's conviction of violating Neb. Rev. Stat. §

28-320 (1) (Reissue 2008). 2. The Court of Appeals erred in failing to find that Mr. Osborne received ineffective assistance of Counsel.

This page was last modified on Thursday, May 30, 2013