A-17-562, State of Nebraska v. Jose Huerta (Appellant)
Buffalo County, District Court Judge William T. Wright
Attorney for Appellant: David W. Jorgensen (Nye, Hervert, Jorgensen, & Watson, P.C.)
Attorney for Appellee: Douglas J. Peterson and Austin N. Relph (Attorney General’s Office)
Criminal Action: First Degree Sexual Assault of a Child
Action Taken by Trial Court: A jury found Appellant guilty of first degree sexual assault of a child. The district court subsequently sentenced Appellant to six to eight years’ imprisonment.
Assignments of Error on Appeal: On appeal, Appellant alleges that the district court erred in (1) allowing evidence of consensual sexual contact between Appellant and another female on the night of the incident; (2) allowing expert testimony concerning the results of DNA testing; and (3) failing to properly instruct the jury at the close of the evidence. In addition, Appellant alleges that he received ineffective assistance of counsel in various respects.