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.