State v. Gonzalez

Summary

The Nebraska Supreme Court affirmed Jake J. Gonzalez’s convictions for intentional child abuse resulting in death and making terroristic threats. The court held that the district court did not abuse its discretion in denying a change-of-venue motion based on pretrial publicity. Although involuntary manslaughter is a lesser-included offense of intentional child abuse resulting in death, any error in omitting that instruction was harmless because the jury was instructed on negligent child abuse resulting in death, which provided an equivalent less serious alternative under the circumstances.

Holdings

1. The district court did not abuse its discretion in denying the motion to change venue because Gonzalez failed to demonstrate pervasive and misleading pretrial publicity that made it impossible to obtain a fair and impartial jury, and the jury ultimately selected stated that it could be fair and impartial.
2. Involuntary manslaughter is a lesser-included offense of intentional child abuse resulting in death when negligent child abuse is the predicate offense.
3. Any error in refusing to instruct on involuntary manslaughter was harmless and did not require reversal.

Questions Presented

1. Whether the district court abused its discretion by denying Gonzalez's motion to change venue based on alleged pretrial publicity and prospective-juror bias.
2. Whether involuntary manslaughter was a lesser-included offense of intentional child abuse resulting in death under the circumstances.
3. Whether the failure to instruct on involuntary manslaughter required reversal or was harmless because the jury was instructed on negligent child abuse resulting in death and convicted on the intentional offense.

Disposition

affirmed