State v. Cheloha

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State v. Cheloha

Case Number
A-16-0925
Court Number
Douglas
Call Date
November 15, 2017
Case Time
9:30 AM
Case Summary

A-16-0925, State of Nebraska v. Jacob Cheloha (Appellant)

Douglas County, District Court Judge W. Mark Ashford

Attorney for Appellant:  Thomas C. Riley, Thomas M. Wakeley (Douglas County Public Defender’s Office)

Attorney for Appellee:  Douglas J. Peterson, Austin N. Relph (Attorney General’s Office)

Criminal Action:  Third degree sexual assault of a child

Action Taken by Trial Court:  A jury found Cheloa guilty of two counts of third degree sexual assault of a child. He was sentenced 2 to 2 years’ incarceration on Count I and 3 years’ probation on Count II.

Assignments of Error on Appeal:  Cheloa assigns that the district court erred in (1) finding sufficient evidence to sustain the guilty verdicts, (2) denying his motion to suppress, (3) allowing a nurse practitioner to testify, (4) allowing the jury access to his interrogation video, (5) submitting a jury instruction on intoxication, (6) failing to find prosecutorial misconduct or granting a mistrial on that basis, and (7) imposing an excessive sentence.

Case Location
Omaha
Court Type
District Court
Schedule Code
A1
Panel Text
Pirtle, Riedmann, and Arterburn, Judges