State v. Huerta

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State v. Huerta

Case Number
A-17-0562
Court Number
Buffalo
Call Date
May 15, 2018
Case Time
1:00 PM
Case Summary

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.

Case Location
North Platte
Court Type
District Court
Schedule Code
A1
Panel Text
Moore, Chief Judge, Arterburn, and Welch, Judges