Douglas County, District Court Judge J. Russell Derr.
Attorney for Appellant: Kenneth Jacobs (Hug and Jacobs, LLC)
Attorney for Appellee: Austin Relph (Nebraska Attorney’s General’s Office)
Criminal Action: Sexual Assault, Sentencing, Ineffective Assistance of Counsel
Action Taken by Trial Court:
Mario Santos was convicted on two counts of sexual assault in the first degree of a child and acquitted on another count of first-degree sexual assault. At the trial, the district court sustained the State’s objection and did not allow the defendant to question the witness’ knowledge of U-Visas. After the trial, based on newly discovered evidence that one witness and one victim had previously applied for U-Visas, he filed two separate motions for mistrial. The district court granted the first motion for mistrial as to one of the counts he was convicted on but denied both motions in regard to the other conviction.
Assignments of Error on Appeal: The appellant assigns that the district court erred in sustaining the objection to testimony about the witness’ knowledge of U-Visas and in not granting the first or second motions for mistrial as to the second count of sexual assault in the first degree of a child. He also contends his trial counsel was ineffective by failing to discover the two witnesses’ prior U-Visa applications, failing to depose potential witnesses, and in not filing a motion to sever the separate counts.