S-20-0810 State of Nebraska v. Kenneth M. Kipple (Appellant)
Holt County District Court, Hon. Mark Kozisek
Attorneys: Gerald L. Soucie (Attorney for Appellant); Austin N. Relph (Office of the Attorney General, for Appellee)
Criminal: Child enticement; Tampering with a witness; Ineffective assistance of counsel
Proceedings below: The district court did not include the absence of permission in the elements instruction for the enticement count. The district court determined that based on the evidence, the jury could have found that the witness tampering occurred before August 30, 2015 and so LB 605 did not apply to the tampering conviction. The district court did not note any misconduct on the part of the prosecutor during opening statements and closing arguments.
Issues on appeal: Whether the district court 1) committed plain error by failing to include the absence of permission in the elements instruction for the enticement counts; 2) erred by determining that based on the evidence, the jury could have found that the witness tampering occurred before August 30, 2015, and so LB 605 did not apply to the tampering conviction; 3) whether there was plain error based on the prosecutor’s opening and closing arguments; and 4) whether the Appellant received ineffective assistance of counsel.