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Neb. Appeals Court Upholds Sex Assault Conviction

ne-court-of-appeals(AP) — A split Nebraska Court of Appeals panel has upheld the child sexual assault conviction of an Omaha man who objected to a court reporter’s covert efforts to correct a faulty trial transcript.

Charles Kays was sentenced in 2011 to up to 20 years in prison for sexually abusing a young girl.

On appeal, Kays’ attorney noted mistakes with the official trial transcript — including that 13 jurors instead of 12 deliberated the case. The court reporter corrected the mistakes, printed a new version and shredded the original — without the approval of a judge, as required by law.

On Tuesday, two appeals court judges ruled that the corrected transcript was accurate.

But in a dissenting opinion, Judge John Irwin said the accuracy of the corrected transcript could not be verified.

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