State v. Sinkey

Summary

The Nebraska Supreme Court affirmed Jason P. Sinkey’s convictions for two counts of first degree sexual assault of a child and possession of a firearm by a prohibited person. The court held that the evidence was sufficient to support the sexual-assault convictions and that Sinkey’s ineffective-assistance claims were not stated with sufficient particularity for review on direct appeal.

Holdings

1. The testimony of the victim, together with Sinkey's admission, was sufficient to establish sexual penetration and support the convictions for first degree sexual assault of a child.
2. Sinkey's bare assertion that the evidence was insufficient, without supporting argument, was inadequate to preserve the firearm-possession sufficiency issue for appeal.
3. Sinkey's ineffective-assistance claims were insufficiently particular because he alleged only general deficiencies and did not identify what counsel should have argued, what questions should have been asked, or what evidence or witnesses should have been presented.

Questions Presented

1. Whether the evidence was sufficient to support Sinkey's convictions for first degree sexual assault of a child.
2. Whether the evidence was sufficient to support Sinkey's conviction for possession of a firearm by a prohibited person, or whether the issue was inadequately presented for appellate review.
3. Whether Sinkey sufficiently alleged ineffective assistance of trial counsel on direct appeal based on counsel's cross-examination and failure to present evidence or witnesses.

Disposition

affirmed