Nadeem v. State

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The Supreme Court affirmed the order of the district court granting the State’s motion to dismiss Plaintiff’s claim for damages under the Nebraska Claims for Wrongful Conviction and Imprisonment Act, holding that Plaintiff failed to sufficiently plead a claim of actual innocence.Defendant was convicted of attempted first degree sexual assault and attempted third degree sexual assault of a minor. The court of appeals reversed Defendant’s convictions and remanded the cause for a new trial. While the state sought further review, Defendant completed his prison sentence. Defendant subsequently filed this claim alleging that he had been entrapped. The district court granted the State’s motion to dismiss on the ground that the affirmative defense of entrapment is legally insufficient to show actual innocence as opposed to legal innocence, which is a required element of a wrongful conviction claim. The court of appeals reversed. The Supreme Court reversed the decision of the court of appeals, holding that Defendant failed sufficiently to allege facts to support a finding of actual innocence. View "Nadeem v. State" on Justia Law