Nadeem v. State
899 N.W.2d 635
| Neb. Ct. App. | 2017Background
- In 2010 a jury convicted Mohammed Nadeem of attempted first-degree sexual assault (felony) and attempted third-degree sexual assault of a child (misdemeanor); he was sentenced to 3–6 years.
- The convictions arose from Nadeem’s encounter with a 14-year-old at a public library, a subsequent controlled phone call initiated by police, and Nadeem’s appearance at the library to meet the girl.
- On appeal this court reversed the convictions (finding trial errors, including lack of entrapment instruction) and remanded; the opinion allowed potential retrial but ordered Nadeem’s release and vacated sex-offender registration.
- Nadeem filed a wrongful-conviction claim under the Nebraska Claims for Wrongful Conviction and Imprisonment Act seeking $500,000, alleging he was legally and actually innocent.
- The State moved to dismiss under Neb. Ct. R. Pldg. § 6-1112(b)(6). The district court dismissed with prejudice, concluding the complaint failed to plead actual innocence and could not be cured because the appellate criminal opinion found the trial evidence sufficient.
- The Court of Appeals reversed and remanded, holding the complaint pleaded sufficient factual allegations to state a plausible claim of actual innocence under the Act; Judge Bishop dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether complaint plausibly alleges actual innocence under Neb. Rev. Stat. § 29-4603(3) | Nadeem alleged lack of criminal intent and absence of a substantial step; police-initiated, confusing controlled call and library meeting without requested condom support innocence; factual allegations raise reasonable expectation discovery will show innocence | State argued pleadings cannot overcome appellate finding that trial evidence was sufficient to sustain conviction; facts pled do not show absence of elements of the felony | Court: Complaint pleads sufficient factual allegations under liberal notice pleading to state a plausible claim of actual innocence; reversal and remand for further proceedings |
| Whether prior appellate finding of sufficient evidence bars pleading-based wrongful-conviction claim | Nadeem: prior appellate reversal on procedural grounds does not preclude pleading actual innocence; court must limit review to complaint allegations | State: prior appellate statement that evidence was sufficient means facts exist to support the offense, so actual innocence cannot be plausibly alleged | Court: May not consider evidence outside pleadings; prior appellate sufficiency does not preclude evaluating whether complaint allegations plausibly suggest absence of necessary facts; complaint survives dismissal |
| Whether defendant’s inability to testify previously undermines his pleading | Nadeem: has not testified; factual assertions in complaint raise plausible claim and are for factfinder | State: silence and existing trial record undermine plausibility | Court: Plaintiff’s lack of prior testimony noted but does not defeat the adequacy of pleadings; merits are for subsequent proceedings |
| Whether entrapment defense equates to actual innocence for Act purposes | Nadeem: entrapment allegations support claim that government-induced conduct negates intent | State: entrapment is legal innocence, not actual innocence—it does not erase underlying facts that could satisfy elements | Court: Entrapment may show legal innocence but on pleading stage factual allegations that suggest lack of requisite intent are sufficient to survive dismissal; resolution left to factfinder |
Key Cases Cited
- Bruno v. Metropolitan Utilities Dist., 287 Neb. 551 (pleading and motion-to-dismiss review standard)
- Hess v. State, 287 Neb. 559 (Act requires proof of actual innocence—did not commit charged crime)
- Tryon v. City of North Platte, 295 Neb. 706 (Nebraska is a notice-pleading jurisdiction; liberal pleading rules)