Thayer County, Judge Vicky Johnson
Attorneys: Jerry L. Soucie (Commission on Public Advocacy) (Appellant) --- Stacy M. Foust (Attorney General’s Office)
Criminal: Count I: first degree sexual assault; Count II: child abuse
Proceedings below: A jury found Appellant guilty on both counts. He was sentenced to concurrent sentences of 30 to 40 years and 4 to 5 years in prison.
Issues: The district court erred in (1) admitting evidence of prior sexual contact in violation of Neb. Rev. Stat. § 27-404 and Neb. Rev. Stat. § 27-403 and in error of Neb. Rev. Stat. § 27-414 and the Ex Post Facto clauses of the U.S. and Nebraska Constitutions; (3) rejecting Appellant’s judicial admission of “preparation, motive, opportunity, and plan” regarding contact with K.D. so as to avoid the prejudice attached to evidence of prior sexual contact with minors; (4) overruling Appellant’s motion for mistrial after certain judicial admissions were offered as part of the State’s case-in-chief during trial; (5) failing to instruct the jury on the lesser offense of 3rd degree sexual assault after Appellant’s judicial admissions were received into evidence.