A-17-0543, State of Nebraska v. John J. Howard (appellant)
Douglas County, District Judge Thomas A. Otepka
Attorney for Appellant: Michael J. Wilson (Schaffer Shapiro, LLP)
Attorney for Appellee: Kimberly A. Klein (Attorney General’s Office)
Criminal Action: first degree sexual assault, sexual assault of a child, and first degree sexual assault of a child
Action Taken by Trial Court: A jury found Howard guilty of the crimes charged.
Assignments of Error on Appeal: On appeal, Howard assigns that the district court erred in (1) permitting the prosecutor to repeatedly misstate evidence during closing arguments, (2) denying the jury’s request to rehear exhibit 2 during deliberations, (3) overruling his objection to a detective’s testimony that he apologized during a recorded call for digitally penetrating M.H., and (4) denying his motion for mistrial with respect to his wife’s false testimony and the State’s failure to disclose all impeachment evidence. He also claims that he received ineffective assistance of trial counsel in several respects.