State v. Herrera

In 2012, Father and Mother, the biological parents A.H. and S.H, were charged with child abuse resulting in serious bodily injury to A.H. After a consolidated jury trial, the parents were convicted of the lesser-included offense of child abuse. Father appealed. The Supreme Court affirmed, holding that the district court did not err in (1) receiving expert testimony of A.H.’s psychosocial short stature diagnosis over Father’s Daubert/Schaftersman objection, as the evidence was relevant, and the probative value of the experts’ opinions was not substantially outweighed by the danger of unfair prejudice; (2) ruling that the recorded interviews conducted of A.H. and S.H. in 2009 and 2011 were not admissible under Neb. Rev. Stat. 27-803(3) and because they contained hearsay; and (3) receiving evidence relating to the nonaccidental injuries sustained by A.H. in 2005. View "State v. Herrera" on Justia Law