State v. Corral

- 940 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
State of Nebraska, appellee, v.
Carlos Corral, appellant.
___ N.W.3d ___
Filed May 16, 2025. 	No. S-23-898.
1. Effectiveness of Counsel: Constitutional Law: Statutes: Records:
Appeal and Error. Whether a claim of ineffective assistance of counsel
can be determined on direct appeal presents a question of law, which
turns upon the sufficiency of the record to address the claim without an
evidentiary hearing or whether the claim rests solely on the interpreta-
tion of a statute or constitutional requirement.
2. Effectiveness of Counsel: Appeal and Error. In reviewing a claim of
ineffective assistance of counsel on direct appeal, an appellate court
determines as a matter of law whether the record conclusively shows
that (1) a defense counsel’s performance was deficient or (2) a defend-
ant was or was not prejudiced by a defense counsel’s alleged deficient
performance.
3. Evidence: Appeal and Error. A trial court has the discretion to deter-
mine the relevancy and admissibility of evidence, and such determina-
tions will not be disturbed on appeal unless they constitute an abuse of
that discretion.
4. Judgments: Words and Phrases. An abuse of discretion occurs when a
trial court’s decision is based upon reasons that are untenable or unrea-
sonable or if its action is clearly against justice or conscience, reason,
and evidence.
5. Constitutional Law: Criminal Law: Jury Trials: Appeal and Error.
Whether cumulative error deprived a criminal defendant of his or her
Sixth Amendment right to a trial by an impartial jury presents a question
of law to be reviewed de novo.
6. Constitutional Law: Effectiveness of Counsel. A proper ineffective
assistance of counsel claim alleges a violation of the fundamental con-
stitutional right to a fair trial.
Nebraska Supreme Court Online Library
www.nebraska.gov/apps-courts-epub/
10/14/2026 08:11 AM CDT

- 941 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
7. Effectiveness of Counsel: Proof. Generally, to prevail on a claim of
ineffective assistance of counsel under Strickland v. Washington, 466
U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), the defendant must
show that his or her counsel’s performance was deficient and that this
deficient performance actually prejudiced the defendant’s defense.
8. ____: ____. To show deficient performance under the test described in
Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d
674 (1984), a defendant must show that counsel’s performance did not
equal that of a lawyer with ordinary training and skill in criminal law.
9. Effectiveness of Counsel: Trial. Trial counsel’s decisions that amount
to reasonable trial strategy do not constitute deficient performance.
10. Trial: Attorneys at Law. Trial counsel is afforded due deference to
formulate trial strategy and tactics.
11. Effectiveness of Counsel: Trial: Appeal and Error. Appellate courts
do not use perfect hindsight to criticize unsuccessful trial strategies.
Rather, they must assess trial counsel’s performance from counsel’s per-
spective when counsel provided the assistance.
12. Effectiveness of Counsel: Presumptions: Appeal and Error. There
is a strong presumption that counsel acted reasonably, and an appellate
court will not second-guess counsel’s reasonable strategic decisions.
13. Effectiveness of Counsel: Trial: Appeal and Error. It is more the
exception than the rule that defense counsel’s strategy can be reasonably
inferred from the trial record on direct appeal.
14. Effectiveness of Counsel: Proof: Appeal and Error. In addressing
the “prejudice” component of the test in Strickland v. Washington, 466
U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984), an appellate court
focuses on whether counsel’s deficient performance renders the result of
the trial unreliable or the proceeding fundamentally unfair.
15. ____: ____: ____. To show prejudice under the “prejudice” component
of the test in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052,
80 L. Ed. 2d 674 (1984), the defendant must demonstrate a reasonable
probability that but for his or her counsel’s deficient performance, the
result of the proceeding would have been different.
16. Effectiveness of Counsel: Proof: Words and Phrases. A reasonable
probability does not require that it be more likely than not that the defi-
cient performance altered the outcome of the case; rather, the defend-
ant must show a probability sufficient to undermine confidence in the
outcome.
17. Effectiveness of Counsel: Postconviction: Records: Appeal and
Error. When a defendant’s trial counsel is different from his or her
counsel on direct appeal, the defendant must raise on direct appeal any
issue of trial counsel’s ineffective performance which is known to the

- 942 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
defendant or is apparent from the record; otherwise, the issue will be
procedurally barred in a subsequent postconviction proceeding.
18. Effectiveness of Counsel: Records: Appeal and Error. The fact that
an ineffective assistance of counsel claim is raised on direct appeal does
not necessarily mean that it can be resolved. The determining factor is
whether the record is sufficient to adequately review the issue.
19. ____: ____: ____. The record on appeal is sufficient to effectively
review the question of ineffective assistance if it establishes either that
trial counsel’s performance was not deficient, that the appellant will not
be able to establish prejudice, or that trial counsel’s actions could not be
justified as a part of any plausible trial strategy.
20. Constitutional Law: Criminal Law: Trial: Joinder. There is no con-
stitutional right to a separate trial on different charges.
21. Criminal Law: Joinder: Presumptions. A clear presumption exists in
favor of a joinder of offenses and against severance.
22. Trial: Joinder: Appeal and Error. Whether offenses were properly
joined involves a two-stage analysis: (1) whether the offenses were suf-
ficiently related so as to be joinable and (2) whether the joinder was
prejudicial to the defendant.
23. Trial: Joinder: Proof. Because the joinder of related offenses is
intended to promote the goals of trial convenience and judicial economy,
a significant consideration in making the judgment that the offenses are
sufficiently related is that there is a large area of overlapping proof.
24. Joinder: Words and Phrases. For purposes of Neb. Rev. Stat.
§ 29-2002(1) (Reissue 2016), “connected together” means connected in
any reasonable manner.
25. Trial: Joinder. To determine if charges are “connected together” to
be joinable under Neb. Rev. Stat. § 29-2002(1) (Reissue 2016), courts
weigh the totality of the circumstances in light of broadly construing
permissive joinder to promote trial economy and judicial efficiency,
considering relevant circumstances that include the temporal and spatial
concurrence of the offenses, the concurrence of their investigation and
related discovery of evidence, the logical link between the offenses, and
the overlap of material witnesses.
26. Joinder: Proof: Appeal and Error. While Neb. Rev. Stat. § 29-2002
(Reissue 2016) presents two separate questions, there is no error under
either subsection (1) or (3) if joinder was not prejudicial, and a denial of
a motion to sever will be reversed only if clear prejudice and an abuse
of discretion are shown.
27. Trial: Joinder: Proof. A defendant opposing joinder of charges must
meet a high burden of proving prejudice. To carry that burden, the

- 943 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
defendant must show compelling, specific, and actual prejudice from the
court’s refusal to grant the motion to sever.
28. Trial: Joinder: Appeal and Error. An appellate court will find the
district court abused its discretion in denying a motion to sever only if
the joinder caused the defendant substantial prejudice amounting to a
miscarriage of justice.
29. Joinder: Proof: Appeal and Error. The prejudice that a defendant must
demonstrate to establish the trial court abused its discretion in overrul-
ing a request to sever charges is not merely a better chance of acquittal
in separate trials or spillover of evidence from one count to another.
The defendant must have been deprived of an appreciable chance for an
acquittal, a chance that the defendant would have had in a severed trial.
30. Joinder: Appeal and Error. Various factors are considered in deter-
mining prejudice under Neb. Rev. Stat. § 29-2002(3) (Reissue 2016),
including (1) whether some of the charges are particularly likely to
inflame the jury against the defendant; (2) whether a weak case has been
joined with a strong case or another weak case so that the totality of the
evidence may alter the outcome as to some or all of the charges; or (3)
whether one of the charges (but not another) is a capital offense, or the
joinder of the charges converts the matter into a capital case.
31. Trial: Joinder: Proof: Testimony. Severance will be considered on the
ground of interference with a defendant’s right to testify only when the
defendant makes a convincing showing that the defendant has important
testimony to give on one charge while having a strong need to refrain
from testifying on another charge.
32. Trial: Joinder: Evidence: Other Acts. A judge’s discretion to deny
severance is broader than his or her discretion to admit uncharged mis-
conduct evidence.
33. Jury Instructions. Even when the risk of prejudice is high, a court’s
limiting instructions often will suffice to cure any risk of prejudice.
34. Effectiveness of Counsel. Defense counsel is not ineffective for failing
to make an objection that has no merit.
35. Trial: Joinder: Pretrial Procedure. If a defendant believes that there
has been a prejudicial joinder, it is not enough for the defendant to file
a pretrial motion to sever; the defendant must renew the objection at the
close of all the evidence.
36. Effectiveness of Counsel: Records: Proof: Appeal and Error. An
appellate court can determine whether the record proves or rebuts the
merits of a claim of ineffective assistance of trial counsel only if it
has knowledge of the specific conduct alleged to constitute deficient
performance.

- 944 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
37. Rules of Evidence: Other Acts. Neb. Rev. Stat. § 27-404(2) (Cum.
Supp. 2024) prohibits the admission of other bad acts evidence for
the purpose of demonstrating a person’s propensity to act in a certain
manner.
38. ____: ____. Evidence of other crimes which is relevant for any purpose
other than to show the actor’s propensity is admissible under Neb. Rev.
Stat. § 27-404(2) (Cum. Supp. 2024).
39. Rules of Evidence: Other Acts: Appeal and Error. An appellate
court’s analysis under Neb. Rev. Stat. § 27-404(2) (Cum. Supp. 2024)
considers (1) whether the evidence was relevant for some purpose other
than to prove the character of a person to show that he or she acted in
conformity therewith; (2) whether the probative value of the evidence
is substantially outweighed by its potential for unfair prejudice; and (3)
whether the trial court, if requested, instructed the jury to consider the
evidence only for the limited purpose for which it was admitted.
40. Hearsay. Statements are not hearsay to the extent they are offered for
context and coherence of other admissible statements or to explain the
course of a series of events.
41. ____. Statements are not hearsay if the proponent offers them to
show their impact on the listener, and the listener’s knowledge, belief,
response, or state of mind after hearing the statement is relevant to an
issue in the case.
42. Hearsay: Police Officers and Sheriffs. Statements made to law enforce-
ment to explain the steps taken in an investigation of a defendant, rather
than to prove the truth of the matter asserted, are generally admissible as
nonhearsay so long as the probative value of the evidence’s nonhearsay
purpose is not substantially outweighed by the danger of unfair preju-
dice caused by an impermissible hearsay use of the statements.
43. Rules of Evidence: Hearsay: Sexual Assault: Minors. Statements
made by a child victim of sexual abuse to a forensic interviewer in
the chain of medical care may be admissible under Neb. Rev. Stat.
§ 27-803(3) (Cum. Supp. 2022), even though the interview has the par-
tial purpose of assisting law enforcement’s investigation of the crimes.
44. Trial: Convictions: Evidence: Appeal and Error. Where the evidence
is cumulative and there is other competent evidence to support the con-
viction, the improper admission or exclusion of evidence is harmless
beyond a reasonable doubt.
45. Evidence. Cumulative evidence means evidence tending to prove the
same point to which other evidence has been offered.
46. Effectiveness of Counsel. Decisions about whether to engage in cross-
examination, and, if so, to what extent and in what manner, are strategic
in nature and generally will not support an ineffective assistance claim.

- 945 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
47. Trial: Expert Witnesses. There is no exact standard for fixing the quali-
fications of an expert witness, and a trial court is allowed discretion in
determining whether a witness is qualified to testify as an expert.
48. ____: ____. Experts or skilled witnesses will be considered qualified
if they possess special skill or knowledge respecting the subject mat-
ter involved superior to that of persons in general, so as to make the
expert’s formation of a judgment a fact of probative value.
49. ____: ____. A witness may qualify as an expert by virtue of either for-
mal training or actual practical experience in the field.
50. Trial: Witnesses. Generally, to be admissible, a lay witness’ opinion
must be based on the witness’ perception, foundation must establish a
rational basis for the opinion, and the testimony must be helpful to the
trier of fact.
Appeal from the District Court for Douglas County: Katie
L. Benson, Judge. Affirmed.
Michael J. Wilson, of Berry Law Firm, for appellant.
Michael T. Hilgers, Attorney General, and P. Christian
Adamski for appellee.
Funke, C.J., Miller-Lerman, Cassel, Stacy, Papik, and
Freudenberg, JJ.
Freudenberg, J.
I. INTRODUCTION
The defendant was convicted by jury of three counts of
sexual assault of a child in the first degree and one count of
child abuse. The defendant’s sexual assault and child abuse
charges were tried together and arose from the defendant’s
alleged abuse of his girlfriend’s two young daughters, with
one having been sexually assaulted and the other having been
physically abused. On appeal, the defendant has new counsel
and argues that his trial counsel provided ineffective assist-
ance by failing to object to the joinder of his charges and
move to sever, failing to request a limiting instruction, fail-
ing to object to witness testimony, and failing to impeach a
witness. The defendant further argues the district court erred
in overruling his objection to witness testimony. He requests

- 946 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
a new trial due to the cumulative prejudicial effect of the
alleged ineffective assistance and the court’s ruling on his
objection.
II. BACKGROUND
1. Background and Procedural History
In 2022, Carlos Corral was charged in an amended informa-
tion with three counts of sexual assault of a child in the first
degree, a Class IB felony, and one count of child abuse, a
Class IIIA felony. The charges stemmed from Corral’s alleged
abuse of two victims, M.R. and E.R., that occurred on or about
March 16 through April 15, 2016.
Corral, who was over the age of 19 and born in November
1972, allegedly subjected M.R., who was 7 years old, to sexual
penetration on several occasions. Corral also allegedly physi-
cally abused E.R., who was 6 years old, several times during
this same time period. M.R. and E.R.’s mother had been dating
and living with Corral in Omaha, Nebraska, during the time of
the alleged crimes.
Corral’s three sexual assault charges and single child abuse
charge were tried together. The alleged commission of the
crimes occurred when Corral was watching M.R. and E.R.
while their mother worked a second, part-time job for 3 hours
three nights a week. M.R. witnessed the abuse of E.R. E.R.,
in turn, witnessed Corral’s taking M.R. out of the girls’ shared
bedroom into Corral’s bedroom and M.R.’s appearing upset
upon her return sometime later. The girls did not disclose the
abuse until 2021, when E.R. initially reported the physical
abuse during a forensic interview focused on E.R.’s knowledge
of M.R.’s sexual abuse.
The theory of the defense was that the girls’ memories were
unreliable, the criminal acts the girls allegedly remembered
were fabricated by the mother, and Corral lacked the oppor-
tunity to commit the crimes. The defense emphasized at trial
that the State had failed to produce independent verification of
the mother’s part-time employment and of Corral’s ever having
babysat M.R. and E.R.

- 947 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
Corral’s trial counsel did not object to the joinder, move to
sever the charges, or request a limiting instruction. However,
the court instructed the jury that it “must come to a separate
decision regarding each crime.”
Following trial, the jury returned guilty verdicts on all four
counts. The court sentenced Corral to imprisonment for 25 to
30 years for each sexual assault conviction and for 2 to 3 years
for the child abuse conviction. The court ordered Corral’s sen-
tences to be served concurrently.
2. Evidence at Trial
The evidence at trial consisted primarily of witness testi-
mony. Corral did not testify in his defense.
(a) Prosecution
The State called eight witnesses on direct: M.R., E.R., their
mother, the officer who received the initial report of abuse, the
two officers who investigated the report, and a forensic inter-
view specialist who interviewed the girls. The State called one
rebuttal witness, a nurse practitioner. At the time of trial, M.R.
was 14 years old and E.R. was 13 years old.
(i) Mother’s Second Job and
Corral’s Babysitting
M.R. and E.R.’s mother testified that in March 2016, she
started a full-time job at a cleaning company where she worked
from 8 a.m. to 5 p.m. Around April 2016, she started a second
job with a cleaning company where she worked part time from
5 to 8 p.m. on Mondays, Wednesdays, and Fridays. She testi-
fied that the part-time evening job lasted for about a month.
The mother testified that her supervisor for both jobs was
Nancy Gomez (Nancy) and that Nancy worked the same hours
as the mother did during that time. M.R. testified that her
mother’s evening job was at a hotel.
The mother testified that M.R. and E.R. were at school or
their school’s after-school program until she picked them up
after work. The mother testified that on days she worked from

- 948 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
5 to 8 p.m., M.R. and E.R. were left in Corral’s care after she
dropped them off at home. The mother testified that no one
other than Corral would watch M.R. and E.R. while she was at
her part-time job.
Officer Nicole Walker testified that in her investigation,
she was able to confirm the mother’s report of her employ-
ment during the period of the alleged abuse. Walker testified
that she contacted the mother’s previous relevant employers to
verify her employment and dates and hours of work. Walker
affirmed that she had spoken to “people” at both businesses
and had “receive[d] confirmation that [the mother] did work
there during those relevant periods of time.” Walker also
affirmed that the information she received was “consistent
with the hours that were reported to [Walker] by [the mother].”
On cross-examination, Walker testified that she verified the
mother’s employment with “Mary Jo” at “M & A Enterprises.”
Walker learned that the mother had been employed there from
March 16 to April 15, 2016, and worked from about 6 to 9
p.m. Walker testified that the mother’s hours of employment
for “KB Building Services” were “day shift hours,” which
she thought were between 8 a.m. and 4 p.m. Walker learned
that the mother worked there later in 2016 and denied that the
mother had both jobs at one time.
(ii) M.R.’s Testimony of Sexual Abuse
M.R. testified that after she would return home from school
and while her mother was at work, Corral would take her into
his bedroom and do “a lot of things” to her. During those
times, the only people in the house were Corral, M.R., and E.R.
M.R. testified that she would be in her room with E.R.
when Corral would come in and ask to “borrow [M.R.].” M.R.
explained that E.R. witnessed Corral asking to “borrow” her.
After Corral would take her to the bedroom, he would tell her
to remove her clothes, take off his own clothes, and tell her not
to tell anyone.
M.R. testified that Corral would penetrate her vaginally
and that her “vagina hurt” when he did so. When Corral was

- 949 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
on top of her, he would grunt or moan. M.R. would often cry.
M.R. testified that Corral would also put her in what he called
“the doggie position,” where she would be on her hands and
knees and Corral would anally penetrate her. Corral would also
penetrate her mouth with his penis. When Corral would do so,
M.R. felt like she was suffocating and would cry. M.R. would
sometimes throw up afterward.
After these assaults, M.R. would be crying, and Corral
would tell her to be quiet or he “would end up doing something
to [her].” Corral would also tell her not to tell anyone or he
would harm the mother. M.R. would not be allowed to leave
the room until Corral gave her permission.
In response to the State’s questions, M.R. denied that she
saw anything on or saw anything come out of Corral’s penis
after the penetration, except for her saliva after oral penetration.
M.R. testified that Corral brought her into the bedroom on
multiple days for over a month and stopped only when the
mother quit her job. M.R. was unable to identify Corral, who
was sitting at counsel’s table in the courtroom.
(iii) M.R.’s Testimony of Corral’s
Physical Abuse of E.R.
M.R. testified that she witnessed Corral’s hitting E.R., who
was 6 years old at the time. According to M.R., Corral would
hit E.R. in the back, arm, and face with his hands, a belt, and a
coathanger. Corral would also throw a shoe at E.R. After E.R.
would get hit, M.R. would see E.R. cry and observed bruises
on E.R.’s back and arms. M.R. saw this happen every week
that Corral had been with them, and it continued during the
time Corral would also sexually assault M.R. Corral never hit
M.R. like he would hit E.R.
(iv) E.R.’s Testimony of Corral’s
Sexual Abuse of M.R.
E.R. testified, like M.R., that there were times where M.R.
and she were alone with Corral after school while their mother
worked. E.R. said that on more than five occasions, Corral

- 950 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
came into M.R.’s and her bedroom after the mother left for
work and would take M.R. to his bedroom. The door to
Corral’s bedroom would be closed. E.R. observed M.R. look-
ing “distant” and upset after she would leave the bedroom.
(v) E.R.’s Testimony of
Corral’s Physical Abuse
E.R. testified that Corral would slap, hit, and punch her
using mainly his hands, but that he also hit her with a belt
and would throw shoes and a “wood[en] elephant” at her. E.R.
recalled a time where Corral hit her around her nose, which
felt like it had broken, though it had not. E.R. would cry due
to the physical abuse and would develop some redness and
bruises afterward. E.R. said the physical abuse occurred “prob-
ably twice a week or once,” with it starting 2 or 3 months after
the girls and their mother moved in with Corral. Some of the
incidents of physical abuse occurred during the same time-
frame as the sexual assaults.
(vi) Mother’s Testimony of Physical Abuse
of E.R. and Other Observations
M.R. and E.R.’s mother testified that she witnessed Corral
hit E.R. with a belt and saw E.R. cry afterward. She was
uncomfortable with how Corral had disciplined E.R. and told
him not to discipline her in that way, which Corral agreed not
to do again.
The mother recounted that neither M.R. nor E.R. ever
wanted to spend time with Corral and that they seemed intimi-
dated by him. In February 2017, the mother’s relationship with
Corral ended for unrelated reasons, and she, M.R., and E.R.
moved away from Omaha. The mother testified that after they
moved, she noticed that E.R.’s behavior improved and both
girls were happier.
(vii) Aunt’s Testimony
M.R. and E.R.’s aunt, their mother’s sister, lived with M.R.,
E.R., the mother, and Corral from July to October 2016. She

- 951 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
testified that she observed that the girls tried not to make
Corral angry or upset and tried to keep their distance from him.
(viii) Move and Initial Disclosure
of Sexual Abuse
In 2021, approximately 5 years after the alleged abuse, M.R.
disclosed the sexual assaults for the first time by telling E.R.
about what Corral had done to her in the bedroom. Later that
same year, the mother had a conversation with M.R. and E.R.
about letting her know if someone touched them inappropri-
ately, and E.R. helped M.R. share what had happened to her.
The mother affirmed that at some point after her relationship
with Corral ended, “[M.R.] talk[ed] to [her] about something
that had happened, that [Corral] had done to [M.R.]”
The mother testified that during the conversation, “[E.R.]
told [M.R.] that it was okay, that it was time for her to tell.”
After E.R. tried to get M.R. to tell their mother about the sex-
ual assaults, the mother asked who touched M.R. The mother
asked M.R. and E.R. about her partner at the time, and “they
said, [‘]No, it wasn’t him.[’]” She then asked about a differ-
ent man whom they view as their father, and “they said no.”
The mother asked whom the perpetrator was, and “[E.R.] said,
[‘] . . . Corral, it was [Corral].[’]” The mother asked M.R. to
confirm it was Corral who had committed the assaults, and
“[M.R.] said, [‘]Yes,[’]” while crying. The mother asked M.R.
if she was sure it was Corral, and “[M.R.] said, [‘]Yes.[’]” The
mother asked M.R. why M.R. and E.R. did not tell her sooner,
and “[t]hey said, [‘]Well, you weren’t with Carlos anymore, so
[they] felt there was no reason for [us] to tell you.[’]”
(ix) Law Enforcement Testimony Regarding
Initial Report of Abuse
After this conversation, M.R., E.R., and their mother went
to a police station and made a report. A Madison County sher-
iff’s office lieutenant, Jon Downey, testified that the mother
reported M.R.’s alleged sexual assaults to him. Downey tes-
tified that “[the mother] said that she had been talking with

- 952 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
her daughters recently about the difference between good touch
and bad touch, and that [E.R.], the younger of the two girls,
had encouraged [M.R.] to tell [the mother] about the things
that had happened to [M.R.] in the past.”
Downey testified that the mother told him
her daughters had told her that this had happened while
[she] was at work, and she said that . . . when [she] and
. . . Corral lived together, the only time that she could
work outside of the home . . . was a few months in 2016,
when she worked at a hotel, and so that, to their knowl-
edge, that’s when this would have happened.
Through the mother’s report, Downey learned that the
alleged assaults occurred at “1509 Willis” in Omaha. He tes-
tified that “[the mother] also said that [Corral] was currently
living at the house next door to where the abuse had happened
in Omaha.”
(x) Testimony of Forensic Interviewer
Recounting Interview
When M.R. and E.R. were later interviewed about M.R.’s
alleged sexual assaults, E.R. disclosed the alleged physical
abuse by Corral. A forensic interviewer, Sarah Scheinost, testi-
fied that she conducted two interviews with M.R. at a child
advocacy center, following the report of sexual abuse to law
enforcement. Scheinost testified that both M.R. and E.R. were
interviewed and shared the allegations of abuse.
Scheinost stated there had been a child abuse hotline report
and that she believed “[M.R.] had disclosed some sexual abuse
to [E.R.] and then [their mother]” before the mother took M.R.
to the police station. When asked about the purpose of M.R.’s
initial forensic interview, Scheinost responded, “[M.R.] had
disclosed, like I said, some sexual abuse.” Scheinost affirmed
that “[M.R.] provide[d] a disclosure of abuse” during her ini-
tial interview.
Scheinost also testified that she conducted an interview with
E.R. When asked why E.R. was brought in for an interview,

- 953 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
Scheinost explained that she did not know why, adding, “[E.R.]
was referred to us, but I do know that [M.R.] had disclosed to
[E.R.]” Scheinost affirmed that “[E.R.] provide[d] a disclosure
of abuse” during her interview.
(xi) Walker’s and Scheinost’s Testimony
of Delayed Disclosure
Both Walker and Scheinost testified generally about chil-
dren’s delayed disclosures of abuse.
Walker had been employed with the Omaha Police Depart-
ment for a total of 21 years. At the time of trial, she had been
working in the department’s child-victim sexual assault unit
for about 2½ years. Walker had approximately 20 to 25 open
sexual assault cases at any given time. Walker received train-
ing relating to sexual assault and child abuse cases through a
police academy, “Project Harmony,” and the child advocacy
center. Walker usually received 2 days of training each year
and was required to participate in about 20 hours of training
per year outside of the academy.
Scheinost has a bachelor’s degree in human service counsel-
ing and a master’s degree in education. She had been working
for 7 years at a local hospital as a forensic interview specialist.
She had received specialized training in forensic interviewing
of children, including delayed disclosures. She had conducted
at least 2,000 forensic interviews.
Scheinost testified that research shows that a “vast major-
ity of children delay disclosing sexual abuse or don’t disclose
at all.” Based on her training and experience, Scheinost said
that some reasons why children may delay their disclosure
or not disclose at all are shame, embarrassment, and fear of
the perpetrator’s threats to them or to hurt their parent. She
described different types of disclosure of abuse and explained
that children may become ready to disclose when (1) a per-
petrator is no longer in the home or has access to them, (2)
they are of the age to understand that the abuse should not
have happened, or (3) they feel supported by a nonoffending

- 954 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
parent. She said that disclosure can be more challenging when
abuse happens repeatedly over time, as opposed to being an
isolated incident, because with repeated abuse, “it all kind of
just blurs together . . . and there aren’t a lot of details, it’s just
these things happened, and so they disclose it kind of alto-
gether [sic].” Defense counsel did not object to Scheinost’s
testimony.
Walker was asked if, in her experience, it is uncommon to
investigate crimes of sexual abuse where there is a disclosure
of abuse that is delayed by years, and Walker responded that it
is “very common.” Defense counsel did not object. Thereafter,
the prosecution asked, “How common would you say it is as it
relates to your cases?” Defense counsel objected to the ques-
tion on the grounds that it called for expert witness testimony
and speculation. The court overruled the objection, and Walker
answered that, in her personal experience, “at least 75 percent
of [her] cases” had a delayed disclosure component to them.
Corral’s trial counsel did not object to any of Walker’s testi-
mony based on foundation. None of trial counsel’s objections
at trial to any of the evidence were made under Neb. Rev. Stat.
§ 27-404 (Cum. Supp. 2024) or based on hearsay.
The State later called a rebuttal witness, a nurse practitioner
trained and experienced in medical examinations of children
for suspected abuse and neglect. She testified that she would
not expect to observe any signs of physical injury 5 years after
incidents of oral, anal, and vaginal penetration of a child.
(xii) Interview of Corral
Walker and another law enforcement officer testified that
they interviewed Corral and that he was residing next door
to where the sexual abuse and physical abuse were alleged
to have occurred. During Corral’s interview, he stated he was
never home and worked all day. He denied ever being left
alone with M.R. and E.R., either of them ever being in his
bedroom, or ever having any physical contact with them other
than “high fives.”

- 955 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
(b) Defense
Defense 	counsel 	used 	M.R.’s 	deposition 	to 	attempt 	to
impeach her testimony regarding matters such as the color of
the house in which the alleged abuse occurred, Corral’s per-
sonality, where M.R. was after school and on the weekends,
and how many days her mother worked per week in March and
April 2016. During cross-examination of M.R., defense coun-
sel adduced that when her mother and Corral went out at night,
M.R. and E.R. would sometimes go to “Nancy’s” house.
During 	cross-examination 	of 	Downey, 	defense 	counsel
adduced that Downey did not obtain information about where
the mother was allegedly working during the alleged abuse,
or who her supervisor was. And in cross-examining Walker,
defense counsel demonstrated that Walker did not obtain a
written report from the mother’s former employer documenting
her part-time night hours and that the company was no longer
in business.
In cross-examining the girls’ aunt, defense counsel adduced
that the girls often heard their mother and Corral loudly having
sexual intercourse. The aunt also testified on cross-examination
that when she called M.R. and E.R.’s mother between March
15 and April 15, 2016, most of the time she was available.
Defense counsel called five witnesses, consisting of Corral’s
sister and four of Corral’s friends. Corral’s sister stayed at
Corral’s house for several months beginning in the middle of
April 2016. She observed M.R. and E.R. around Corral and
testified that their demeanor was normal. She observed that
Corral had a good relationship with M.R. and E.R., and she
never saw anything abnormal. However, Corral was not home
very often. She testified that Corral was never alone with M.R.
and E.R.
Corral’s sister testified she is a nurse with experience seeing
children who have been sexually penetrated. She testified that
such children usually bleed. At no point during her stay with
Corral did M.R. or E.R. report bruising, bleeding, or pain, and
she did not observe any bruising or bleeding.

- 956 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
A friend of Corral’s called by the defense testified that
Corral did not seek the company of women who had small chil-
dren and was always very careful about having age-appropriate
relationships. The friend never saw Corral so inebriated that he
would act inappropriately.
A different friend of Corral’s described how she lived with
her three young children in Corral’s basement shortly before
the alleged assaults. She testified that Corral did not want to
babysit her children and did not make efforts to be around them.
Yet another friend testified for the defense that M.R. and
E.R.’s mother was not working in March 2016. She testified
that she knew this because she and the mother had regular
contact in the evening hours by telephone.
The third friend of Corral’s who testified as a witness for
the defense was Nancy. She said that she was living in the
same house as Corral during the time of the alleged assaults
and that she was certain M.R. and E.R.’s mother was not work-
ing in April 2016. She also testified that while living there, she
babysat M.R. and E.R.; Corral did not babysit them. Before
she moved in, her daughter or aunt babysat the girls. She testi-
fied that she could hear everything that happened in the house
from her bedroom. Sometimes M.R. and E.R. would go to
Nancy’s room because their mother was being “very noisy dur-
ing the activities with [Corral].” Nancy said that Corral often
was not home.
Defense counsel adduced testimony from several of the wit-
nesses indicating that M.R. and E.R.’s mother was not very
attentive to the girls and that she had a bad relationship with
Corral.
III. ASSIGNMENTS OF ERROR
Corral assigns 10 errors, with errors Nos. 1 through 7 and 9
alleging ineffective assistance of counsel.
In errors Nos. 1 and 2, Corral assigns trial counsel provided
prejudicial ineffective assistance by failing to (1) object to
joinder and move to sever the sexual assault charges from the

- 957 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
child abuse charge, because the sexual assault evidence would
not have been admissible in a separate trial on the child abuse
charge and vice versa, and (2) request limiting instructions
prohibiting the jury from considering the sexual assault evi-
dence when weighing the child abuse charge and vice versa.
In errors Nos. 3 through 6, Corral assigns trial counsel pro-
vided prejudicial ineffective assistance by failing to object to
hearsay in the testimonies of multiple witnesses, specifically
(3) hearsay testimony from the mother regarding statements
M.R. and E.R. allegedly made when disclosing the abuse to
her; (4) hearsay and double hearsay testimony from Downey
regarding statements the mother, M.R., and E.R. made when
they reported the alleged sexual assaults to him; (5) hearsay
and double hearsay testimony by forensic interviewer Scheinost
regarding M.R.’s and E.R.’s disclosures of alleged abuse dur-
ing their forensic interviews; and (6) hearsay testimony from
Walker that E.R. “allegedly ‘disclosed physical abuse’” during
her forensic interview.
In error No. 7, Corral assigns trial counsel provided prej-
udicial ineffective assistance by failing to object on both
foundational and hearsay grounds regarding double hearsay
testimony by Walker that “people” working at the mother’s
previous employers provided “confirmation that [the mother]
did work there during those relevant periods of time” and
that the information Walker received was “consistent with the
hours that were reported to [Walker] by [the mother].”
In error No. 8, Corral assigns the trial court erred in overrul-
ing his objection to Walker’s testimony regarding her experi-
ence that “a delay of years in . . . disclosure” of sexual abuse
“is very common” and her experience that delayed disclosure
occurs in “at least 75 percent of [her] cases.”
In error No. 9, Corral assigns trial counsel provided preju-
dicial ineffective assistance by failing to impeach M.R. with
her deposition testimony that she saw “white stuff” come out
of his penis during the sexual assaults.

- 958 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
Lastly, in error No. 10, Corral assigns that a new trial is
warranted due to the cumulative prejudicial effect of trial
counsel’s ineffective assistance and the trial court’s erroneous
evidentiary ruling.
IV. STANDARD OF REVIEW
[1,2] Whether a claim of ineffective assistance of counsel
can be determined on direct appeal presents a question of law,
which turns upon the sufficiency of the record to address the
claim without an evidentiary hearing or whether the claim
rests solely on the interpretation of a statute or constitutional
requirement. In reviewing a claim of ineffective assistance of
counsel on direct appeal, an appellate court determines as a
matter of law whether the record conclusively shows that (1) a
defense counsel’s performance was deficient or (2) a defend-
ant was or was not prejudiced by a defense counsel’s alleged
deficient performance. 1
[3,4] A trial court has the discretion to determine the rel-
evancy and admissibility of evidence, and such determinations
will not be disturbed on appeal unless they constitute an abuse
of that discretion. 2 An abuse of discretion occurs when a trial
court’s decision is based upon reasons that are untenable or
unreasonable or if its action is clearly against justice or con-
science, reason, and evidence. 3
[5] Whether cumulative error deprived a criminal defendant
of his or her Sixth Amendment right to a trial by an impartial
jury presents a question of law to be reviewed de novo. 4
V. ANALYSIS
Through different counsel, Corral argues on appeal that
(1) his trial counsel provided ineffective assistance in several
1 State v. Briggs, 317 Neb. 296, 9 N.W.3d 632 (2024).
2 State v. Rush, 317 Neb. 622, 11 N.W.3d 394 (2024), modified on denial of
rehearing 317 Neb. 917, 12 N.W.3d 787.
3 State v. Anders, 311 Neb. 958, 977 N.W.2d 234 (2022).
4 Id.

- 959 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
respects, (2) the district court erred in overruling his objection
during Walker’s testimony, and (3) the ineffective assistance
and the court’s ruling caused a cumulative prejudicial effect
that warrants a new trial.
We first address Corral’s claims of ineffective assistance.
Corral argues his trial counsel failed to (a) object to the join-
der of his charges or move to sever them, (b) request a limit-
ing instruction to prevent jurors from considering the sexual
assault evidence when weighing the child abuse charge and
vice versa, (c) object to testimony on hearsay grounds, (d)
object to testimony on foundation and hearsay grounds, and
(e) impeach M.R. with her deposition testimony regarding see-
ing “white stuff” come out of Corral’s penis during the sexual
assaults. We will address each claim in turn but first review the
general principles governing ineffective assistance claims on
direct appeal.
[6,7] A proper ineffective assistance of counsel claim alleges
a violation of the fundamental constitutional right to a fair
trial. 5 Generally, to prevail on a claim of ineffective assistance
of counsel under Strickland v. Washington, 6 the defendant must
show that his or her counsel’s performance was deficient and
that this deficient performance actually prejudiced the defend-
ant’s defense. 7
[8,9] To show deficient performance under the Strickland
test, the defendant must show that counsel’s performance did
not equal that of a lawyer with ordinary training and skill in
criminal law. 8 Trial counsel’s decisions that amount to reason-
able trial strategy do not constitute deficient performance. 9
5 State v. Huston, 291 Neb. 708, 868 N.W.2d 766 (2015).
6 Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674
(1984).
7 State v. Anders, supra note 3.
8 See id.
9 State v. Wood, 310 Neb. 391, 966 N.W.2d 825 (2021).

- 960 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
[10-13] Trial counsel is afforded due deference to formulate
trial strategy and tactics. 10 We do not use perfect hindsight to
criticize unsuccessful trial strategies. 11 Rather, we must assess
trial counsel’s performance from counsel’s perspective when
counsel provided the assistance. 12 There is a strong presump-
tion that counsel acted reasonably, and an appellate court will
not second-guess counsel’s reasonable strategic decisions. 13
We have cautioned that it is more the exception than the rule
that defense counsel’s strategy can be reasonably inferred from
the trial record on direct appeal. 14
[14-16] In addressing the “prejudice” component of the
Strickland test, we focus on whether counsel’s deficient per-
formance renders the result of the trial unreliable or the pro-
ceeding fundamentally unfair. 15 To show prejudice under that
component of the Strickland test, the defendant must demon-
strate a reasonable probability that but for his or her counsel’s
deficient performance, the result of the proceeding would have
been different. 16 A reasonable probability does not require
that it be more likely than not that the deficient performance
altered the outcome of the case; rather, the defendant must
show a probability sufficient to undermine confidence in the
outcome. 17
[17,18] When a defendant’s trial counsel is different from
his or her counsel on direct appeal, the defendant must raise
10 State v. Jackson, 275 Neb. 434, 747 N.W.2d 418 (2008). See State v.
Anders, supra note 3.
11 State v. Wood, supra note 9.
12 State v. Iromuanya, 282 Neb. 798, 806 N.W.2d 404 (2011).
13 State v. Anders, supra note 3. See, also, State v. Betancourt-Garcia, 317
Neb. 174, 9 N.W.3d 426 (2024); State v. Jackson, supra note 10.
14 State v. Wood, supra note 9.
15 State v. Iromuanya, supra note 12.
16 State v. Huston, supra note 5.
17 Id.

- 961 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
on 	direct 	appeal 	any 	issue 	of 	trial 	counsel’s 	ineffective
performance which is known to the defendant or is appar-
ent from the record; otherwise, the issue will be procedur-
ally barred in a subsequent postconviction proceeding. 18 The
fact that an ineffective assistance of counsel claim is raised
on direct appeal does not necessarily mean that it can be
resolved. 19 The determining factor is whether the record is
sufficient to adequately review the issue. 20 In other words,
the record must be sufficient to address the claim without an
evidentiary hearing. 21
[19] The record is sufficient if it establishes either that trial
counsel’s performance was not deficient, that the appellant
will not be able to establish prejudice, or that trial counsel’s
actions could not be justified as a part of any plausible trial
strategy. 22 We have generally reached ineffective assistance of
counsel claims on direct appeal only in those instances where
it was clear from the record that such claims were without
merit or in the “rare case where trial counsel’s error was so
egregious and resulted in such a high level of prejudice that
no tactic or strategy could overcome the effect of the error,
which effect was a fundamentally unfair trial.” 23 Even when
we have expressed skepticism that any reasonable trial strat-
egy could be revealed through an evidentiary hearing, we
have held that the record on direct appeal was insufficient to
address the ineffective assistance claim. 24
This is consistent with other jurisdictions and legal author-
ity. It has been said that it is possible to find ineffective
18 State v. Anders, supra note 3.
19 Id.
20 See id.
21 See State v. Briggs, supra note 1.
22 See, id.; State v. Rocha, 286 Neb. 256, 836 N.W.2d 774 (2013).
23 State v. Casares, 291 Neb. 150, 155, 864 N.W.2d 667, 672 (2015).
24 See, State v. Sidzyik, 281 Neb. 305, 795 N.W.2d 281 (2011); State v.
Gonzalez-Faguaga, 266 Neb. 72, 662 N.W.2d 581 (2003).

- 962 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
assistance of trial counsel on direct appeal “[o]nly in the rare
case, where the deficiency of an attorney’s performance is
beyond dispute and prejudice is obvious from the existing
record . . . .” 25 One court explained that to determine whether
a claim of ineffective assistance of counsel is record based,
such that it may be considered on direct appeal, the court must
ask why counsel did or did not perform as alleged, and only
if the record explains why will the court address the issue on
direct appeal. 26
1. Failure to Object to Joinder
and Move to Sever
Corral asserts trial counsel was ineffective by failing to
object to joinder of the charges and move to sever them.
Corral’s trial counsel’s failure to object at trial or move to
sever waived any claim of trial court error, 27 and Corral does
not assert the joinder was plain error. 28 Nevertheless, the
principles governing when a trial court errs in permitting the
joinder of charges are relevant to Corral’s assertion that trial
counsel was ineffective.
(a) Liberal Joinder for Efficient
Administration of Criminal Trials
[20] “Joinder of multiple offenses for a single trial is favored
and is the rule rather than the exception in criminal cases.” 29
There is no constitutional right to a separate trial on different
charges. 30
25 24 C.J.S. Criminal Procedure and Rights of Accused § 2119 at 85 (2016)
(emphasis supplied).
26 24 C.J.S., supra note 25.
27 See Stapleman v. State, 150 Neb. 460, 34 N.W.2d 907 (1948).
28 See Peterson v. Brandon Coverdell Constr., ante p. 342, 15 N.W.3d 698
(2025).
29 22A C.J.S. Criminal Procedure and Rights of Accused § 534 at 289-90
(2016).
30 See State v. Garcia, 315 Neb. 74, 994 N.W.2d 610 (2023).

- 963 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
[21] The joinder or severance of charges for trial is gov-
erned by Neb. Rev. Stat. § 29-2002 (Reissue 2016), which, like
under federal law and similar statutes in most states, expresses
a rule of liberal joinder of offenses to achieve judicial eco-
nomy. 31 “A clear presumption exists in favor of a joinder of
offenses and against severance.” 32
[22] Section 29-2002 states in relevant part:
(1) Two or more offenses may be charged in the same
indictment, information, or complaint in a separate count
for each offense if the offenses charged, whether felonies
or misdemeanors, or both, are of the same or similar
character or are based on the same act or transaction or
on two or more acts or transactions connected together
or constituting parts of a common scheme or plan.
. . . .
(3) If it appears that a defendant or the state would
be prejudiced by a joinder of offenses in an indictment,
information, or complaint . . . the court may order an
election for separate trials of counts, indictments, infor-
mations, or complaints . . . or provide whatever other
relief justice requires.
We 	have 	explained 	that 	because 	of 	similarities 	between
§ 29-2002 and federal rules relating to severance of previ-
ously joined trials, federal case law is instructive in determin-
ing when severance should be granted. 33 Federal courts have
held that this statutory language is to be construed broadly in
favor of joinder, in the interest of more efficient administration
31 See, e.g., State v. Langston, 889 S.W.2d 93 (Mo. App. 1994); State v.
Hentz, 32 Wash. App. 186, 647 P.2d 39 (1982), reversed on other grounds
99 Wash. 2d 538, 663 P.2d 476 (1983); 42 C.J.S. Indictments § 218
(2017); Milton J. Hernandez IV, Missing the Misjoinder Mark: Improving
Criminal Joinder of Offenses in Capital-Sentencing Jurisdictions, 111 J.
Crim. L. & Criminology 651 (2021).
32 22A C.J.S., supra note 29 at 290.
33 State v. Foster, 286 Neb. 826, 839 N.W.2d 783 (2013).

- 964 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
of criminal trials. 34 Whether offenses were properly joined
involves a two-stage analysis: (1) whether the offenses were
sufficiently related so as to be joinable and (2) whether the
joinder was prejudicial to the defendant. 35
(i) Sufficiently Related
[23] Because the joinder of related offenses is intended to
“promote the goals of trial convenience and judicial economy,”
a significant consideration in making the judgment that the
offenses are sufficiently related is that “there is a large area
of overlapping proof.” 36 Joinder of sufficiently related charges
benefits both the prosecution and the defendant.
For the prosecution, a single trial avoids duplication of evi-
dence and inconvenience to victims and witnesses, minimizes
the time required to dispose of the offenses, and permits “a
variety of other economies in connection with prosecutorial
and judicial resources.” 37
For the defendant, a single trial “will eliminate the harass-
ment, trauma, expense, and prolonged publicity of multiple
trials, . . . may result in a faster disposition of all cases, may
increase the possibility of concurrent sentences in the event
of conviction, and may prevent the application of enhanced
sentencing 	statutes.” 38 Furthermore, 	defense 	counsel 	may
wish to avoid giving the State “two bites at the apple.” 39 For
34 See, Haggard v. United States, 369 F.2d 968 (8th Cir. 1966); United States
v. Hopkinson, 631 F.2d 665 (10th Cir. 1980); U.S. v. Hersh, 297 F.3d 1233
(11th Cir. 2002).
35 State v. Garcia, supra note 30; State v. Benson, 305 Neb. 949, 943 N.W.2d
426 (2020).
36 5 Wayne R. LaFave et al., Criminal Procedure § 17.1(a) at 6 (4th ed. 2015)
(internal quotation marks omitted).
37 Id.
38 Id.
39 People v. Poole, 2012 IL App. (4th) 101017, ¶ 10, 972 N.E.2d 340, 343,
361 Ill. Dec. 855, 858 (2012).

- 965 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
example, “[a]n evidentiary deficiency in the first case can
perhaps be cured in the second.” 40 Thus, “defense counsel
may choose to pursue an ‘all or nothing’ trial strategy, in
which the defendant is acquitted or convicted of all charges
in a single proceeding.” 41
a. Same or Similar Character
Under our case law, to determine whether the charges joined
for trial are of the same or similar character, we look at the
underlying factual allegations. 42 Whether the charges fall under
the same statute is but one factor to be considered in this
analysis. “[I]f they have a ‘general likeness’ they are still of
‘similar character.’” 43 As pointed out by the 11th Circuit Court
of Appeals in U.S. v. Hersh, 44 “similar” in this context means
“‘[n]early corresponding; resembling in many respects; some-
what alike; having a general likeness,’” and it does not require
that the charges arise at the same time or out of the same series
of acts or transactions.
For instance, in State v. Knutson, 45 we held that the charges
of child abuse and child enticement through an electronic
device of one victim, third degree sexual assault of a child of
two other victims, and child abuse of yet another victim were
all properly joined as being of the same or similar character.
In all the charges in Knutson, the victims were of a similar
age and in middle school when the misconduct occurred;
the defendant occupied positions of trust, which he allegedly
abused; and the misconduct was sexual in nature.
40 Id.
41 People v. Fields, 2017 IL App (1st) 110311-B, ¶ 28, 75 N.E.3d 503, 511,
412 Ill. Dec. 523, 531 (2017).
42 State v. Knutson, 288 Neb. 823, 852 N.W.2d 307 (2014).
43 5 LaFave et al., supra note 36, § 17.1(b) at 8.
44 U.S. v. Hersh, supra note 34, 297 F.3d at 1241.
45 State v. Knutson, supra note 42.

- 966 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
b. Connected Together or
Common Plan or Scheme
[24] The terms “connected together” or “part of a common
scheme or plan” “usually come[] into play when offenses are
committed over a period of time and are in some way con-
nected to each other.” 46 The “common scheme or plan” element
focuses more on the motivation behind the crimes, while the
“connected together” element focuses more on the time-space
relationship. 47 We have not specifically elaborated on these
aspects of the statute, but have quoted with approval that the
standard of “connected together” means “‘“connected in any
reasonable manner.”’” 48
[25] “One way in which courts determine if offenses are
sufficiently ‘connected’ to be joined is to consider whether the
charges overlap sufficiently so that the same evidence would
be admissible at separate trials.” 49 Courts consider the tem-
poral and spatial concurrence of the offenses, the concurrence
of their investigation and related discovery of evidence, the
logical link between the offenses, and the overlap of material
witnesses. 50 The totality of the circumstances is weighed in
light of broadly construing permissive joinder to promote trial
economy and judicial efficiency. 51
46 2 Nancy Hollander et al., Wharton’s Criminal Procedure § 11:3 at 11-28
(14th ed. 2017).
47 5 LaFave et al., supra note 36, § 17.1(a) at 4, 5 (internal quotation marks
omitted).
48 State v. Evans, 235 Neb. 575, 584, 456 N.W.2d 739, 745 (1990).
49 2 Hollander et al., supra note 46, § 11:3 at 11-30.
50 See, e.g., United States v. Park, 531 F.2d 754 (5th Cir. 1976); United
States v. Swift, 809 F.2d 320 (6th Cir. 1987); United States v. Roberts,
783 F.2d 767 (9th Cir. 1985); United States v. Montes-Cardenas, 746
F.2d 771 (11th Cir. 1984); State v. Baker, 237 Mont. 140, 773 P.2d 1194
(1989); Hotzclaw v. State, 2019 OK CR 17, 448 P.3d 1134 (2019); State v.
Dewhitt, 276 Or. App. 373, 368 P.3d 27 (2016).
51 State v. Dewhitt, supra note 50.

- 967 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
For instance, in State v. Burke, 52 the court held that charges
against the defendant for sexual abuse of a child, dealing in
material harmful to a minor (viewing pornography), and forc-
ible sexual abuse of an adult (the aunt of the child victim)
were properly joined as connected in their commission. While
neither victim witnessed the abuse of the other or the por-
nography, all the crimes occurred on the same day and in the
same place (albeit at different times). The crimes illustrated “a
distinct behavioral arc of increasingly aggressive and oppor-
tunistic transgressions of sexual boundaries, apparently fueled
by mounting frustration over repeatedly thwarted attempts
at some level of sexual interaction with females who were
physically proximate to [the defendant].” 53 Under all the cir-
cumstances, the court found that the crimes were “so related
in time, location, and purpose that they are directly connected
in a legally significant way.” 54
(ii) Prejudice
[26] While § 29-2002 presents two separate questions, we
have held there is no error under either subsection (1) or (3)
if joinder was not prejudicial, and a denial of a motion to
sever will be reversed only if clear prejudice and an abuse
of discretion are shown. 55 Thus, in the recent cases of State
v. Benson 56 and State v. Briggs, 57 we affirmed the trial courts’
refusal to sever charges upon finding that the defendant
had failed to show prejudice under subsection (3), expressly
52 State v. Burke, 256 P.3d 1102 (Utah App. 2011).
53 Id. at 1113.
54 Id.
55 State v. Garcia, supra note 30; State v. Briggs, 303 Neb. 352, 929 N.W.2d
65 (2019); State v. Cotton, 299 Neb. 650, 910 N.W.2d 102 (2018),
disapproved on other grounds, State v. Avina-Murillo, 301 Neb. 185, 917
N.W.2d 865 (2018).
56 State v. Benson, supra note 35.
57 State v. Briggs, supra note 55.

- 968 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
holding it was unnecessary to examine whether the charges
were sufficiently related to be properly joined in the first
instance under § 29-2002(1).
[27,28] A defendant opposing joinder of charges must meet
a high burden of proving prejudice. 58 To carry that burden, the
defendant must show compelling, specific, and actual preju-
dice from the court’s refusal to grant the motion to sever. 59 An
appellate court will find the district court abused its discretion
in denying a motion to sever only if the joinder caused the
defendant substantial prejudice amounting to a miscarriage
of justice. 60
Prejudice of the joinder of charges against the defendant is
likely to fall into several categories:
“(1) [the defendant] may become embarrassed or con-
founded in presenting separate defenses; (2) the jury
may use the evidence of one of the crimes charged to
infer a criminal disposition on the part of the defend-
ant from which is found his guilt of the other crime or
crimes charged; or (3) the jury may cumulate the evidence
of the various crimes charged and find guilt when, if
[the evidence were] considered separately[,] it would not
so find.” 61
The 	latter 	two 	categories 	are 	described 	as 	a 	“‘spillover
effect.’” 62
[29] The prejudice that a defendant must demonstrate to
establish the trial court abused its discretion in overruling
a request to sever charges is not “merely a better chance of
acquittal in separate trials” or “spillover of evidence from one
58 State v. Foster, supra note 33. See, also, State v. Garcia, supra note 30;
State v. Briggs, supra note 55.
59 State v. Garcia, supra note 30.
60 Id.; State v. Benson, supra note 35; State v. Briggs, supra note 55.
61 5 LaFave et al., supra note 36, § 17.1(c) at 10.
62 3 Clifford S. Fishman, Jones on Evidence Civil and Criminal § 17:17 at
351 (7th ed. 1998).

- 969 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
[count] to another.” 63 The defendant must have been deprived
of “an appreciable chance for an acquittal, a chance that [the
defendant] would have had in a severed trial.” 64
[30] Various factors are considered in determining prejudice
under § 29-2002(3), including (1) whether some of the charges
are particularly likely to inflame the jury against the defend-
ant; (2) whether a weak case has been joined with a strong
case or another weak case so that the totality of the evidence
may alter the outcome as to some or all of the charges; or
(3) whether one of the charges (but not another) is a capital
offense, or the joinder of the charges converts the matter into
a capital case. 65
[31] Another consideration that may become relevant to a
prejudice analysis under § 29-2002(3), if properly raised, is
whether the joinder will interfere with the defendant’s right
to testify in the defendant’s own defense. Severance will be
considered on the ground of interference with the defendant’s
right to testify only when the defendant makes a convincing
showing that the defendant has important testimony to give
on one charge while having a strong need to refrain from tes-
tifying on another charge. 66 Such showing must be supported
by enough information regarding the testimony the defendant
wishes to give, and the reasons the defendant does not want
to testify on the other charge, to satisfy the trial court that the
prejudice claim is genuine. 67
[32] Prejudice from joinder generally cannot be shown
if the evidence of one charge would have been admissible
63 State v. Knutson, supra note 42, 288 Neb. at 833, 852 N.W.2d at 318
(internal quotation marks omitted).
64 Id. See, also, State v. Garcia, supra note 30.
65 People v. Soper, 45 Cal. 4th 759, 200 P.3d 816, 89 Cal. Rptr. 3d 188
(2009). See, also, e.g., Drew v. United States, 331 F.2d 85 (D.C. Cir.
1964).
66 See United States v. Reicherter, 647 F.2d 397 (3d Cir. 1981).
67 Id.

- 970 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
in a separate trial of another charge, 68 referred to as “cross-
admissibility.” 69 But this does not mean that cross-admissibility
of the offenses equates with joinder. 70 “The judge’s discretion
to deny severance is broader than his or her discretion to admit
the uncharged misconduct evidence.” 71
As a result, in addition to considering cross-admissibility,
we have held that joined charges do not usually result in preju-
dice if the evidence is sufficiently “simple and distinct” for the
jury to easily separate evidence of the charges during delib-
erations. 72 This forms part of the premise that, with a proper
charge, the jury can easily keep such evidence separate in its
deliberations; therefore, the danger of the jury’s cumulating the
evidence is substantially reduced. 73
[33] In Knutson, as an alternative ground for affirming the
defendants’ convictions on the joined charges of child abuse
and child enticement through an electronic device as to one
victim, third degree sexual assault of a child for two other
victims, and child abuse of yet another victim, we held that
the defendant had failed to prove prejudice under subsection
(3). 74 We observed the evidence supporting each charge was
simple and distinct from the evidence of other offenses, such
that the jury could separate the charges and associated evi-
dence, without combining evidence of other charges to find
guilt on a charge that it would not have found if the court had
ordered separate trials. 75 And the judge instructed the jury to
“keep the charges separate and come to a separate decision
68 State v. Garcia, supra note 30.
69 2 Edward J. Imwinkelried, Uncharged Misconduct Evidence § 9:05 at
11-12 (rev. ed. 2001).
70 See 2 Imwinkelried, supra note 69.
71 Id., § 9:05 at 12.
72 State v. Garcia, supra note 30, 315 Neb. at 122, 994 N.W.2d at 661.
73 Drew v. United States, supra note 65.
74 State v. Knutson, supra note 42.
75 Id.

- 971 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
regarding each charge.” 76 We explained that a jury is pre-
sumed to follow its instructions. 77 We said, “[E]ven when the
risk of prejudice is high, a court’s limiting instructions ‘“often
will suffice to cure any risk of prejudice.”’” 78
(b) Constitutional Effectiveness of Corral’s
Trial Counsel in Not Objecting to
Joinder or Moving to Sever
According to Corral, as a matter of law, his trial counsel’s
actions could not be justified as a part of any plausible trial
strategy and the record affirmatively demonstrates he was
prejudiced by the jury’s hearing evidence of both crimes;
therefore, we must find on direct appeal that trial counsel was
ineffective. Corral argues that our opinion in State v. Rocha 79
mandates such a holding. We disagree.
We find the facts of Rocha are meaningfully different
from the facts of the case at bar. We also observe that the
Rocha majority’s analysis of prejudice under subsection (3)
of § 29-2002 is at odds with Benson 80 and Briggs. 81 We dis-
approve of Rocha to the extent it holds that if charges are
improperly joined under subsection (1) of § 29-2002, the trial
court has committed reversible error unless the State sustains
its burden to demonstrate the error was harmless.
(i) Rocha
In Rocha, we held on direct appeal, by a four-judge major-
ity, that trial counsel was ineffective for failing to object to
76 Id. at 834, 852 N.W.2d at 318.
77 Id.
78 Id. at 833, 852 N.W.2d at 317, quoting State v. Foster, supra note 33,
quoting Zafiro v. United States, 506 U.S. 534, 113 S. Ct. 933, 122 L. Ed.
2d 317 (1993).
79 State v. Rocha, supra note 22.
80 State v. Benson, supra note 35.
81 State v. Briggs, supra note 55.

- 972 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
the joinder of a sexual assault charge as to one sibling with
child abuse charges as to all three siblings, because we could
“conceive of no strategic reason for [defense] counsel’s fail-
ure to act, and that failure undermines our confidence in the
outcome of the trial.” 82 Two judges dissented.
The defendant in Rocha was charged with sexual assault
of his stepdaughter, along with child abuse of his stepdaugh-
ter and three stepsons stemming from physical abuse. The
information alleged the child abuse occurred from June 2008
through February 2011, a period of approximately 2 years 8
months. It alleged the sexual assault was committed over a
period of approximately 1 year 4 months, from October 2009
through February 2011.
The stepdaughter testified at trial as to the sexual abuse and
the defendant’s having hit her with a slipper and a belt. She
further testified as to the defendant’s abuse of her brothers,
which consisted of choking them and spanking them with a
belt and a slipper. She also once saw the defendant push his
fingernail into one of her brother’s ears. She said she was
afraid of the defendant because he hurt her brothers.
One of the brothers testified that the defendant did not hit
him, but that he sometimes did not get enough food to eat. That
brother also described in detail the defendant’s physical abuse
of the other two brothers.
None of the brothers provided any testimony relevant to
the sexual abuse of the stepdaughter, apart from one brother’s
stating that sometimes he and his brothers were locked in the
bedroom while the stepdaughter was in the living room with
the defendant.
Some witnesses at trial provided testimony relevant to only
the stepdaughter that dramatically illustrated the stepdaugh-
ter’s trauma from the sexual abuse. The stepdaughter’s teacher
testified she became concerned by the stepdaughter’s behavior
at school when she changed from a “‘bubbly’” 5-year-old to
82 State v. Rocha, supra note 22, 286 Neb. at 263, 836 N.W.2d at 780.

- 973 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
a frightened child who “wanted to be perfect in doing every-
thing,” used the bathroom to wash herself 15 or 20 times
each schoolday, cried due to her hunger, and “sobbed [in]
fear” of going home with dirty shoes and getting in trouble. 83
Additional testimony was given by the stepdaughter’s coun-
selor, who opined that the stepdaughter’s behaviors were con-
sistent with her having suffered sexual abuse.
These witnesses did not provide testimony relevant to the
charges pertaining to the three brothers. There was no limit-
ing instruction that the jury must come to a separate decision
regarding each crime.
In holding that it was presented with the rare case where the
record on direct appeal plainly rebuts the presumption of rea-
sonableness for counsel’s strategic decisions, first, the major-
ity concluded that the sexual assault charge was misjoined
with the child abuse charges. In finding the charges misjoined,
the majority observed the following facts: (1) Sexual assault
and child abuse are meaningfully different crimes, (2) the
sexual assault charge pertained only to the stepdaughter, (3)
the sexual assault of the stepdaughter took place over a differ-
ent period of time than the child abuse, (4) the sexual assault
“occurred separately and apart from the alleged child abuse,” 84
and (5) the “[e]vidence of the child abuse did not require evi-
dence of the sexual assaults, and vice versa.” 85
More specifically to the categories listed in subsection (1)
of § 29-2002, the majority found the crimes of sexual assault
and child abuse were not of the “same or similar character”
because they were “different crimes,” reasoning simply that
“sexual assault, on its face, is sexual in nature, whereas child
abuse is not.” 86 Also, “[t]he sexual assault charge pertained
83 Id. at 259, 260, 836 N.W.2d at 778.
84 Id. at 267, 836 N.W.2d at 783.
85 Id. at 268, 836 N.W.2d at 783.
86 Id. at 267, 836 N.W.2d at 782.

- 974 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
only to [the stepdaughter] and [the sexual assaults] took place
over a different period of time than the child abuse.” 87
The majority found under § 29-2002(1) that the sexual
assault charge was not based on the “same act or transac-
tion” as the child abuse charges, because they were not based
on substantially the same facts. Further, the majority said
time overlap is not enough and noted that the sexual assaults
occurred separately and apart from the alleged child abuse.
Lastly, the majority found under § 29-2002(1) that the
sexual assault and child abuse charges were not “connected
together” or “parts of a common scheme or plan.” In reject-
ing that the charges were “connected together,” the majority
concluded there was no “nexus” like what we had found in
the case of State v. Hilding 88 to support joinder. 89 There, the
sexual assaults were a frequent topic of the alleged stalking
through telephone calls and the defendant admitted he called
the victim to threaten her in response to her allegations of
sexual assault. The majority did not state, however, that such
a nexus is always necessary. The majority rejected the State’s
argument that there was a common scheme or plan to exercise
control over the children, because the defendant “already con-
trolled the children by virtue of being a stepparent.” 90
The majority did not evaluate prejudice under subsection
(3) of § 29-2002, concluding that such an analysis was not
necessary if the charges were misjoined under subsection (1).
The majority stated that because the charges did not qualify
under subsection (1) as joinable, “the charges were misjoined,
and had a proper objection been raised by trial counsel, the
court would have been required to order separate trials.” 91
87 Id.
88 State v. Hilding, 278 Neb. 115, 769 N.W.2d 326 (2009).
89 State v. Rocha, supra note 22, 286 Neb. at 268, 836 N.W.2d at 783.
90 Id.
91 Id.

- 975 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
The majority thereby avoided the prejudice analysis under
§ 29-2002(3), citing to a federal case, U.S. v. Chavis, 92 and
a treatise on criminal procedure. 93 The treatise states that
“[w]here a misjoinder has been shown to exist, in contrast to
the case in which the joinder was initially proper but a sever-
ance is sought on grounds of prejudice, it is clear that the ‘trial
judge has no discretion to deny a motion for severance,’” this
latter internal quote coming from Chavis. 94 In Chavis, after
finding that the charges were misjoined because the crimes
they alleged were not the same act or transaction, of the same
or similar character, connected together, or parts of a common
scheme or plan, the court proceeded directly to a harmless
error analysis under Fed. R. Crim. P. 52(a), for which the gov-
ernment had the burden of persuasion.
The majority in Rocha ultimately held that counsel was
ineffective because the record affirmatively showed both defi-
cient conduct and prejudice. Even though the record on direct
appeal did not reflect trial counsel’s reasoning or strategy,
the majority held that trial counsel’s failure to object to the
joinder was deficient performance because it could not have
stemmed from any reasonable strategic decision. The majority
explained, “[B]ecause of the obvious risks to [the defendant]
of proceeding with a joint trial on the charges, we can con-
ceive of no reasonable strategic reason for counsel’s failure to
object and move to sever the charges.” 95
The majority then found that counsel’s deficient perform-
ance prejudiced the defendant. The majority said that pursuant
to Neb. Rev. Stat. §§ 27-403 (Reissue 2016) and 27-404(2),
the evidence of child abuse of the stepsons would have been
inadmissible in a trial on the sexual assault of the stepdaugh-
ter and vice versa, and that joining all the charges effectively
92 U.S. v. Chavis, 296 F.3d 450 (6th Cir. 2002).
93 5 LaFave et al., supra note 36, § 17.3(a).
94 Id. § 17.3(b) at 55.
95 State v. Rocha, supra note 22, 286 Neb. at 269, 836 N.W.2d at 784.

- 976 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
prohibited the defendant from objecting to the evidence based
on those statutes. The majority elaborated that the sexual
assault of the stepdaughter and the child abuse of the stepsons
were not inextricably intertwined and that evidence of other
crimes, wrongs, or acts creates a substantial risk of a decision
by the trier of fact on an improper basis. 96 The majority did
not analyze, however, whether there could be a proper pur-
pose for the cross-admissibility of any of the evidence of the
respective crimes. Particularly, it did not analyze whether there
was any cross-admissibility of the child abuse evidence for the
proper purpose of explaining the stepdaughter’s late disclosure
of the sexual assaults.
The majority stated that “exacerbated by the fact that the
court did not specifically instruct the jury on the impor-
tance of keeping the charges, and evidence related to those
charges, separate during its deliberations,” the risk was high
that the jury convicted the defendant of child abuse because
he committed sexual assault or convicted him of sexual assault
because he committed child abuse. 97 But, in reality, the major-
ity seemed more concerned with the spillover of the sexual
assault evidence into the three charges of child abuse. The
majority pointed out that the “evidence of sexual assault, by
its nature, was highly volatile and had the potential to fan the
jury’s emotions.” 98
The majority also concluded that trial counsel was ineffec-
tive for failing to request a limiting instruction. The majority
stated it did not need to know whether the defendant would
have insisted on testifying in only one of two trials, had the
charges been tried separately, to conclude that trial counsel
was ineffective in failing to request a limiting instruction.
The dissenting opinion expressed that the record, like in
“countless” 	other 	cases 	alleging 	ineffective 	assistance 	of
96 See State v. Rocha, supra note 22.
97 Id. at 270, 836 N.W.2d at 785.
98 Id.

- 977 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
counsel on direct appeal, was insufficient for assessing the
claim. 99 The dissent acknowledged the possibility that, in
rare circumstances, ineffectiveness of trial counsel could be
evident from the trial record alone. However, the dissent
explained that an appellate court usually cannot consider inef-
fective assistance of counsel claims on direct appeal because
a record of a criminal trial, which is devoted to issues of guilt
or innocence, will not disclose the necessary facts. The dissent
indicated this was especially so when the ineffective assist-
ance of counsel alleged could involve trial strategy.
The dissent rejected what it characterized as the major-
ity’s “‘we know it when we see it’ approach to the question
of whether counsel had no reasonable trial strategy.” 100 The
dissent opined that we simply did “not have the informa-
tion necessary to make a principled determination of whether
counsel acted, or did not act, pursuant to some reasonable trial
strategy” and “should not guess or jump to the conclusion that
we can ‘conceive of no strategic reason’ for a particular action
taken by counsel during the course of a criminal trial.” 101
The dissent said the reason for the majority’s inability to
conceive of a strategic reason for the trial counsel’s actions
was “because it does not know all the facts and has eliminated
the procedural means of acquiring them.” 102 Moreover, the
dissent suggested that one could, even under the inadequate
record, conceive of facts that would support reasonable strate-
gic reasons for not objecting to the joinder. For instance, the
dissent hypothesized that trial counsel believed the best strat-
egy for obtaining acquittal on all charges was to have a single
trial, because the defendant insisted on testifying in his own
defense, there was no physical evidence of any of the charges,
99 Id. at 273, 836 N.W.2d at 786 (Stephan, J., dissenting; Cassel, J., joins).
100 Id. at 276, 836 N.W.2d at 788 (Stephan, J., dissenting; Cassel, J., joins).
101 Id. at 276, 277, 836 N.W.2d at 788, 789 (Stephan, J., dissenting; Cassel, J.,
joins).
102 Id. at 279, 836 N.W.2d at 790 (Stephan, J., dissenting; Cassel, J., joins).

- 978 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
and counsel did not wish to give the State two opportunities
to cross-examine the defendant and obtain felony convictions.
The dissent further hypothesized that trial counsel may have
forgone a limiting instruction because the “strategy was to
characterize the children’s testimony as totally lacking in cred-
ibility and therefore unworthy of the jury’s consideration on
any charge.” 103
(ii) Charges Regarding M.R. and E.R. Were Joinable
as “Connected Together” Under § 29-2002(1)
We find that the multiple charges of sexual assault of M.R.
and the single charge of child abuse of E.R. were reasonably
“connected together” to be joinable under § 29-2002(1). As
such, there was no misjoinder.
Unlike in Rocha, there was a complete overlap in the date
ranges for the crimes as charged and also in the location of
their occurrence at the house. 104 Furthermore, the date ranges
at issue in Corral’s trial were much more limited than those
presented in Rocha. The abuse of M.R. and E.R. allegedly
occurred between the hours of 5 and 9 p.m. three nights a week
for 1 month, the only time Corral was alone with them.
Unlike in Rocha, at Corral’s trial, not a single witness
or demonstrative exhibit related solely to the sexual assault
charges or the child abuse charge. Rather, all the witnesses
provided testimony relevant to all the charges. This included
all the defense’s witnesses, who generally sought to discredit
the notion that Corral was alone with the girls at the times
alleged, who noticed nothing concerning in the girls’ behavior
or physical signs of abuse, and whose testimonies suggested
the girls’ memories of what occurred 5 years before may have
been colored by hearing their mother having sexual intercourse
with Corral.
103 Id. at 278, 836 N.W.2d at 790 (Stephan, J., dissenting; Cassel, J., joins).
104 See State v. Rocha, supra note 22.

- 979 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
Finally, there was a concurrence of the investigations of
the crimes and a strong connection between the two girls’
disclosures.
In sum, there was a large area of overlapping proof and the
trial economy and judicial efficiency resulting from the joinder
was substantial. Weighing the totality of the circumstances
liberally in favor of joinder, these facts satisfy the criteria of
§ 29-2002(1).
[34] Defense counsel is not ineffective for failing to make
an objection that has no merit. 105 Corral’s trial counsel was
not ineffective for failing to object to the joinder under
§ 29-2002(1), because the charges were not misjoined.
(iii) Severance Under § 29-2002(3)
[35] The next question is whether Corral’s trial counsel was
ineffective by failing to move to sever under § 29-2002(3).
While the failure to object to the joinder of charges involves
the question of whether the charges were properly joinable
under § 29-2002(1), a motion for severance arises when a join-
der of offenses that is proper under subsection (1) is prejudicial
or becomes prejudicial before or during trial, as set forth in
subsection (3). 106 It has been held that if the defendant believes
that there has been a prejudicial joinder, it is not enough for
the defendant to file a pretrial motion to sever; the defendant
must renew the objection at the close of all the evidence, 107
since the prejudice depends on the evidence presented.
As set forth, to prove prejudice under § 29-2002(3), the
defendant must have been deprived of “an appreciable chance
for an acquittal, a chance that the defendant would have had
105 See State v. Allen, 314 Neb. 663, 992 N.W.2d 712 (2023), modified on
denial of rehearing 315 Neb. 255, 995 N.W.2d 446.
106 See, e.g., Kevin P. Hein, Joinder and Severance, 30 Am. Crim. L. Rev.
1139 (1993); 22A C.J.S., supra note 29, § 534; 2 Imwinkelried, supra note
69, § 9:05.
107 2 Imwinkelried, supra note 69, § 9:05.

- 980 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
in a severed trial,” 108 and defense counsel is not ineffective,
under either the deficiency prong or the prejudice prong, for
failing to make an objection under § 29-2002(3) that has no
merit. 109 A threshold similar to an “appreciable chance for an
acquittal” must be met to prove the prejudice prong of the inef-
fective assistance inquiry in the event an objection would have
had merit; i.e., to prove that there was a reasonable probability
that but for counsel’s deficient performance, the result of the
proceeding would have been different. 110
For the most part, under the facts and arguments here pre-
sented, we find it appropriate to consider these two prejudice
inquiries together, but they are not the same. Relevant to
the appeal, as stated, a failure to move for severance under
§ 29-2002(3) without any reasonable trial strategy is an allega-
tion of deficient conduct, even if it may also implicate preju-
dice. And Corral’s argument that the joinder chilled his right to
testify does not account for this fact.
a. Right to Testify in Own Defense
Corral argues we must presume prejudice supporting a find-
ing of ineffective assistance of trial counsel because of the
alleged chilling effect joinder had on his right to testify in his
own defense. But whether joinder affected his right to testify is
a matter we cannot presume in the abstract.
If the right to testify was affected by the joinder, this should
have been raised by Corral’s trial counsel to the district court
under § 29-2002(3), by presenting a showing that Corral had
important testimony to give on one charge while having a
strong need to refrain from testifying on another charge. 111 No
such showing was made.
108 See State v. Garcia, supra note 30, 315 Neb. at 122, 994 N.W.2d at 661.
See, also, Imwinkelried, supra note 69, § 9:05.
109 See State v. Allen, supra note 105.
110 See State v. Huston, supra note 5.
111 See United States v. Reicherter, supra note 66.

- 981 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
Without presenting the necessary showing of an effect on
Corral’s right to testify, even if trial counsel had moved to
sever, the district court would not have considered Corral’s
right to testify in its § 29-2002(3) analysis and would not have
erred in failing to do so. Unlike information relevant to other
factors the court can consider under § 29-2002(3) in light of
the anticipated evidence at trial, and reevaluate at the close
of the evidence, a showing of upon which charge a defendant
had important testimony to give and upon which charge the
defendant had a strong need to refrain from testifying will not
usually be found in the evidence at trial if the defendant does
not testify.
The failure by trial counsel to make the requisite showing
pertaining to the joinder’s effect on the right to testify is an
independent matter of both deficiency and prejudice under a
claim on ineffective assistance. It is not, as Corral seems to
believe, a matter pertinent solely to the prejudice prong of an
ineffective assistance claim based on a general allegation that
counsel was ineffective in failing to move to sever the charges.
[36] Because of this, Corral has failed to both specifically
assign and specifically argue the alleged error. 112 An appellate
court can determine whether the record proves or rebuts the
merits of a claim of ineffective assistance of trial counsel only
if it has knowledge of the specific conduct alleged to con-
stitute deficient performance. 113 In order to preserve a claim
of ineffective assistance of trial counsel when new counsel
represents the defendant on direct appeal, the appellant must
make specific allegations of the conduct the appellant claims
constituted deficient performance by trial counsel. 114
Corral’s only argument on the point of the alleged infringe-
ment of his right to testify in his own defense is his speculative
statement that
112 See State v. Wood, supra note 9.
113 Id.
114 Id.

- 982 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
[f]or instance, if Corral could not have truthfully testi-
fied that he did not physically abuse E.R., but he could
have truthfully testified that he never sexually assaulted
M.R., then trial counsel’s ineffective failure to move for
severance chilled his constitutional right to take the stand
and deny the sexual assault charges before the jury. 115
It is hard to imagine that Corral would have a compelling rea-
son to admit to physical abuse when his theory of defense as to
all the charges was a lack of opportunity and lack of credibility
of the witnesses who disclosed the allegations 5 years hence.
Regardless, this speculative statement is not a sufficiently
specific allegation of the conduct Corral claims constituted
deficient performance by trial counsel.
b. Spillover Evidence
Corral has sufficiently raised an ineffective assistance claim
that trial counsel was deficient by failing to move to sever on
the ground of the alleged spillover evidence from one charge
to another. Ultimately, however, we find his claim lacks merit.
Corral’s premise is that there would be little to no cross-
admissibility of the evidence against him in separate trials on
the separate charges. Thus, he contends that counsel was defi-
cient in not moving to sever under § 29-2002(3), and, relatedly,
that the extent and nature of the spillover evidence against him
in the joined trial means he was prejudiced by counsel’s defi-
cient conduct.
We disagree as to the extent of the evidence spillover;
thus, we find no merit to Corral’s ultimate conclusions. The
spillover evidence in this case was limited to the details of
the sexual assault of M.R., whereas the child abuse of E.R.
and the general fact that M.R. was sexually assaulted were
cross-admissible.
[37,38] As relevant here, § 27-404 provides:
(2) Evidence of other crimes, wrongs, or acts is not
admissible to prove the character of a person in order to
115 Brief for appellant at 25.

- 983 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
show that he or she acted in conformity therewith. It may,
however, be admissible for other purposes, such as proof
of motive, opportunity, intent, preparation, plan, knowl-
edge, identity, or absence of mistake or accident.
(3) When such evidence is admissible pursuant to
this section, in criminal cases evidence of other crimes,
wrongs, or acts of the accused may be offered in evi-
dence by the prosecution if the prosecution proves to the
court by clear and convincing evidence that the accused
committed the crime, wrong, or act. Such proof shall first
be made outside the presence of any jury.
Section 27-404(2) prohibits the admission of other bad acts
evidence for the purpose of demonstrating a person’s propen-
sity to act in a certain manner. 116 However, evidence of other
crimes which is relevant for any purpose other than to show
the actor’s propensity is admissible under § 27-404(2). 117
[39] Evidence that is offered for a proper purpose is often
referred to as having a “special” or “independent” relevance,
which means that its relevance does not depend upon its
tendency to show propensity. 118 An appellate court’s analysis
under § 27-404(2) considers (1) whether the evidence was
relevant for some purpose other than to prove the character of
a person to show that he or she acted in conformity therewith;
(2) whether the probative value of the evidence is substan-
tially outweighed by its potential for unfair prejudice; and
(3) whether the trial court, if requested, instructed the jury to
consider the evidence only for the limited purpose for which
it was admitted. 119
On many occasions, we have upheld the admission of other
bad acts evidence for the proper purpose of explaining the
116 State v. Baker, 280 Neb. 752, 789 N.W.2d 702 (2010).
117 Id.
118 Id.
119 Id.

- 984 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
victim’s late disclosure of the crime charged. 120 Such evidence
is relevant to explain a legitimate credibility question related to
why a victim has waited to report the abuse. 121
E.R.’s disclosure of her physical abuse was intricately tied
to her learning of Corral’s sexual assaults of M.R. and M.R.’s
disclosure of the same to their mother and law enforcement.
Thus, the fact that Corral sexually assaulted M.R. would be
admissible in a separate trial on child abuse for a proper pur-
pose of explaining E.R.’s late disclosure. Only the graphic
details of the sexual assaults would have a potential for unfair
prejudice that could outweigh their probative value in a sepa-
rate trial on child abuse.
The evidence of Corral’s physical abuse of E.R. would have
been admissible for a proper purpose in a separate trial on the
charge of sexual assault of M.R. That M.R. witnessed Corral’s
physical violence toward E.R. explains why M.R. would have
believed Corral’s threats to harm her and their mother, leading
to her delayed disclosure. For a separate trial on the sexual
assault charges, the probative value of the details of the physi-
cal abuse as witnessed by M.R. would outweigh the potential
for unfair prejudice.
As will be explained further, any spillover went in only one
direction. Because the cross-admissibility of the trial evidence
to the sexual assault charges thereby differs from the cross-
admissibility to the child abuse charge, we address them sepa-
rately in our prejudice analysis.
i. Sexual Assault Charges
We find that the joinder of the charge of child abuse to the
charges of sexual assault did not undermine the jury’s con-
victions on the sexual assault charges, because there was no
120 See id. See, also, e.g., State v. Sanchez, 257 Neb. 291, 597 N.W.2d 361
(1999); State v. Wilson, 225 Neb. 466, 406 N.W.2d 123 (1987); State v.
Hitt, 207 Neb. 746, 301 N.W.2d 96 (1981).
121 See 3 Michael H. Graham, Handbook of Federal Evidence § 404:5 (10th
ed. 2024).

- 985 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
meaningful “spillover” of the evidence of the physical abuse of
E.R., and prejudice from joinder cannot be shown if evidence
of one charge would have been admissible in a separate trial
of another charge. 122 M.R.’s testimony of the physical abuse
of E.R. that she witnessed, relevant to the proper purpose of
explaining her late disclosure, was not meaningfully different
from the other testimony at trial concerning Corral’s abuse of
E.R. Because of the cross-admissibility of this evidence, there
is no merit to Corral’s assertion that the convictions of sexual
assault were a result of the ineffective assistance of trial coun-
sel in failing to move to sever the sexual assault charges from
the child abuse charge.
ii. Child Abuse Charge
The analysis of the spillover of the details of the sexual
assaults into the evidence relevant to the charge of child abuse
of E.R. is more complex, because not all the details of the
sexual assaults of M.R. would be necessary for the proper
purpose of explaining E.R.’s late disclosure in a separate trial
on the charge of child abuse. We expressed concern in Rocha
that sexual assaults of children present evidence that is “highly
volatile” and has “the potential to fan the jury’s emotions.” 123
While physical abuse can have a similar level of volatility,
we acknowledge that, at least in this case, the evidence of the
sexual assaults of M.R. was more volatile than the evidence of
the physical abuse of E.R.
That is not our only consideration, however. As discussed,
the strength of the evidence against Corral on the charge of
child abuse of E.R. was in no respect greater than the strength
of the evidence against Corral on the charges of sexual assault
of M.R., or vice versa. As a result, there was no concern
that the jury would bootstrap the evidentiary strength of one
charge to support a conviction of the other for which there
was less persuasive evidence. Moreover, Corral benefited from
122 State v. Garcia, supra note 30.
123 State v. Rocha, supra note 22, 286 Neb. at 270, 836 N.W.2d at 785.

- 986 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
the evidentiary spillover of the defense witness testimony that
physical signs of the sexual assaults of M.R. should have been
apparent both near the time of the alleged assaults and 5 years
later during a physical examination. Any evidence undermining
M.R.’s credibility undermined E.R.’s as well.
The only danger of prejudice stemming from the joinder
was that the jury would bootstrap its emotions fanned by the
sexual abuse of a young child. But, unlike in Rocha, the jury
was instructed in Corral’s trial that the jury “must come to a
separate decision regarding each crime.” This instruction is
like the instruction we held in Knutson cured any possible
prejudice of the joinder there at issue. 124 Similarly worded
instructions to reach a separate decision for each charge have
repeatedly been found by this court and the Nebraska Court of
Appeals to suffice under the circumstances to prevent preju-
dice from joinder. 125 As we said in Knutson, “[E]ven when the
risk of prejudice is high, a court’s limiting instructions ‘“often
will suffice to cure any risk of prejudice,”’” 126 because a jury
is presumed to follow its instructions. 127 The trial record in
this case does not overcome the presumption that the jury fol-
lowed its instructions to keep separate what was relevant to
each charge. 128
For these reasons, as with his convictions of sexual assault,
Corral has failed to show for the conviction of child abuse a
reasonable probability that but for his counsel’s deficient per-
formance in failing to move to sever, the result would have
been different.
124 See State v. Knutson, supra note 42.
125 See, State v. Wofford, 298 Neb. 412, 904 N.W.2d 649 (2017). See, also,
State v. Clark, 21 Neb. App. 581, 842 N.W.2d 151 (2013).
126 State v. Knutson, supra note 42, 288 Neb. at 833, 852 N.W.2d at 317,
quoting State v. Foster, supra note 33, quoting Zafiro v. United States,
supra note 78.
127 State v. Knutson, supra note 42.
128 See Drew v. United States, supra note 65.

- 987 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
2. Failure to Ask for
Limiting Instruction
Corral does not acknowledge on appeal that the court
instructed the jury it “must come to a separate decision regard-
ing each crime.” He thus does not explain how his trial counsel
was ineffective by failing to ask for different wording. Because
a limiting instruction was given for the joined charges, we find
no merit to Corral’s assignment of error that trial counsel was
ineffective by failing to request a limiting instruction to mini-
mize any prejudice from the joinder of offenses.
3. Failure to Object to Hearsay
We turn next to Corral’s claims of ineffective assistance of
counsel by failing to object to several witnesses’ testimony on
hearsay grounds and to Walker’s testimony on both hearsay
and foundation grounds.
Pursuant to Neb. Rev. Stat. § 27-801(3) (Cum. Supp. 2024),
“Hearsay is a statement, other than one made by the declar-
ant while testifying at the trial or hearing, offered in evidence
to prove the truth of the matter asserted.” 129 Pursuant to Neb.
Rev. Stat. § 27-802 (Reissue 2016), hearsay is not admis-
sible unless otherwise provided for in the Nebraska Evidence
Rules, Nebraska statutes, or this court’s discovery rules. 130
Hearsay included within hearsay, or “double hearsay,” is not
excluded under the hearsay rule if each part of the combined
statements conforms with an exception to the hearsay rule
provided in these rules. 131 In other words, when an out-of-
court statement relates the content of another out-of-court
statement, there must be an independent hearsay exception for
each statement. 132
129 See, also, Clemens v. Emme, 316 Neb. 777, 7 N.W.3d 166 (2024).
130 See id.
131 See Neb. Rev. Stat. § 27-805 (Reissue 2016).
132 State v. Stricklin, 290 Neb. 542, 861 N.W.2d 367 (2015).

- 988 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
Corral argues trial counsel should have objected on hearsay
grounds to the mother’s testimony of statements M.R. and E.R.
allegedly made when disclosing the sexual assaults of M.R.
to her. Specifically, Corral challenges the mother’s testimony
that (1) M.R. had talked to the mother about “something that
had happened, that [Corral] had done to [M.R.]”; (2) “[E.R.]
told [M.R.] that it was okay, that it was time for her to tell”;
and (3) M.R. and E.R. identified Corral as the perpetrator of
M.R.’s sexual assaults, particularly the mother’s account of the
conversation she had with M.R. and E.R.
Corral takes issue with Downey’s testimony regarding state-
ments that the mother, M.R., and E.R. made when reporting
the sexual assaults, specifically that the mother told him that
she had discussed with M.R. and E.R. the difference between
“good touch and bad touch” and that E.R. “had encouraged
[M.R.] to tell [the mother] about the things that had happened
to [M.R.] in the past.” Corral also takes issue with Downey’s
testimony that the mother told him that M.R. and E.R. “had
told her that this had happened while [the mother] was at
work” and that the only time that she worked outside of the
home while living with Corral was “a few months in 2016”
when she worked at a hotel. Finally, Corral takes issue with
Downey’s testimony that he had learned through the mother’s
report that the alleged sexual assaults occurred at “1509
Willis” in Omaha and that “[the mother] also said that [Corral]
was currently living at the house next door to where the abuse
had happened . . . in Omaha.”
Corral argues counsel should have objected on hearsay and
double hearsay grounds to Scheinost’s testimony regarding
M.R.’s and E.R.’s disclosures of abuse, specifically, Scheinost’s
testimony that M.R. disclosed the sexual abuse to E.R. and that
the mother affirmed both M.R.’s and E.R.’s having disclosed
abuse during their interviews.
Corral claims trial counsel should have objected on hearsay
grounds to Walker’s similar testimony that “[E.R.] disclosed
physical abuse” during her forensic interview. Corral further

- 989 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
argues trial counsel should have objected on both foundation
and hearsay grounds to Walker’s double hearsay testimony
where she affirmed that she had spoken to “people” at the
mother’s previous employers and “receive[d] confirmation that
[the mother] did work there during those relevant periods
of time” and further affirmed that the information Walker
received was “consistent with the hours that were reported to
[Walker] by [the mother].”
[40,41] Statements are not hearsay to the extent they are
offered for context and coherence of other admissible state-
ments or to explain the course of a series of events. 133 Similarly,
statements are not hearsay if the proponent offers them to show
their impact on the listener, and the listener’s knowledge,
belief, response, or state of mind after hearing the statement is
relevant to an issue in the case. 134
[42,43] Statements made to law enforcement to explain the
steps taken in an investigation of a defendant, rather than to
prove the truth of the matter asserted, are generally admissible
as nonhearsay so long as the probative value of the evidence’s
nonhearsay purpose is not substantially outweighed by the
danger of unfair prejudice caused by an impermissible hearsay
use of the statements. 135 Statements made by a child victim of
sexual abuse to a forensic interviewer in the chain of medi-
cal care may be admissible under Neb. Rev. Stat. § 27-803(3)
(Cum. Supp. 2022), even though the interview has the par-
tial purpose of assisting law enforcement’s investigation of
the crimes. 136
Under these principles, any objection to the statements
Corral complains of on appeal would likely lack merit, such
that counsel’s failure to make such objections was not defi-
cient conduct.
133 State v. Anthony, 316 Neb. 308, 4 N.W.3d 393 (2024).
134 Id.
135 Id.
136 In re Interest of Xandria P., 311 Neb. 591, 973 N.W.2d 692 (2022).

- 990 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
[44,45] Moreover, as the State points out, all the state-
ments Corral complains of on appeal are cumulative of other
testimony that Corral does not challenge as inadmissible. And
where the evidence is cumulative and there is other competent
evidence to support the conviction, the improper admission or
exclusion of evidence is harmless beyond a reasonable doubt. 137
Cumulative evidence means evidence tending to prove the
same point to which other evidence has been offered. 138
M.R. and E.R. both testified about their conversation with
their mother about disclosing if someone touches them inap-
propriately. M.R. testified she told their mother about Corral’s
sexual assaults, and E.R. testified that she had encouraged
M.R. to tell their mother what had happened. E.R. also testi-
fied that, before their conversation with their mother, M.R. had
told E.R. “what [Corral] had done to [M.R.] in his bedroom,”
which M.R.’s testimony already clarified as Corral’s sexually
assaulting her on multiple occasions.
M.R. and E.R. testified that Corral would take M.R. into the
bedroom while their mother was at work, and M.R. testified
that the sexual assaults ceased once their mother quit her job.
The mother testified that she had worked a part-time job in
the evenings, from 5 to 8 p.m., starting around April 2016 and
ending about a month later. M.R. testified that the mother’s
evening job was at a hotel.
Walker testified that she contacted the mother’s employers
to verify her claims of employment and the dates and hours
she worked. On cross-examination, Walker testified that she
verified the mother’s employment with “Mary Jo” at “M & A
Enterprises” and learned that the mother had been employed
there from March 16 to April 15, 2016, and worked from about
6 to 9 p.m.
137 State v. Anthony, supra note 133.
138 Id.

- 991 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
The mother testified that she had lived at “1509 Willis” in
Omaha with Corral, M.R., and E.R. M.R. testified that Corral
would take her into the bedroom he and the mother shared to
sexually assault M.R. Walker and another law enforcement
officer testified that Corral was residing next door to where
the sexual abuse and physical abuse were alleged to have
occurred.
We find no merit to Corral’s allegations that his trial counsel
was ineffective by failing to object to the specified testimony.
4. Failure to Impeach
In his last ineffective assistance claim, Corral argues trial
counsel was deficient, and he was prejudiced, through trial
counsel’s failure to impeach M.R.’s testimony that she did not
see “white stuff” come out of Corral’s penis during the sexual
assaults. Corral alleges that M.R. testified during her deposi-
tion that “white stuff” emerged from his penis and sometimes
went in her mouth, which contradicts M.R.’s testimony at trial
that she did not see anything on or come out of Corral’s penis
other than her saliva.
[46] The record before us does not include M.R.’s deposi-
tion or express statements on the record as to why trial counsel
did not impeach M.R. with her deposition testimony on this
matter, assuming that her deposition did in fact contradict her
testimony at trial. However, decisions about whether to engage
in cross-examination, and, if so, to what extent and in what
manner, are strategic in nature and generally will not support
an ineffective assistance claim. 139
The record shows that Corral’s trial counsel rigorously cross-
examined M.R., using her deposition to attempt to impeach her
testimony regarding matters such as the color of the house in
which the alleged abuse occurred, Corral’s personality, where
M.R. had been after school and on the weekends, and how
many days the mother worked per week in March and April
139 State v. Wood, supra note 9.

- 992 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
2016. There was little more to be gained by introducing to
the jury the graphic details of the sexual assaults as reported
in M.R.’s deposition testimony, which could fan the flames
of the jury’s emotions while having little impact on M.R.’s
credibility.
We hold that trial counsel was not ineffective by failing to
bring to the jury’s attention M.R.’s inconsistent statement that
she did, in fact, witness “white stuff,” which sometimes went
in her mouth, from Corral’s penis.
5. Court’s Ruling on Objection to Walker’s
Testimony Regarding Late Disclosure
We next address Corral’s assertion that the district court
erred in overruling his objection during Walker’s testimony
pertaining to her experience that “a delay of years in . . . dis-
closure” of sexual abuse “is very common” and that delayed
disclosure occurs in “at least 75 percent of [her] cases.”
Corral argues there was insufficient evidence of Walker’s
experience and expertise in delayed disclosures, so she was
unqualified to “opine or relate personal experiences regard-
ing delayed disclosures that could be considered helpful to
the jurors.” 140 Although Corral objected to the State’s question
based on it calling for expert testimony and speculation, his
argument on appeal focuses solely on Walker’s being unquali-
fied to testify as an expert in delayed disclosures.
An appellate court reviews the trial court’s conclusions
with regard to evidentiary foundation and witness qualifica-
tion for an abuse of discretion. 141 Neb. Rev. Stat. § 27-702
(Reissue 2016) provides that “[i]f scientific, technical, or other
specialized knowledge will assist the trier of fact to under-
stand the evidence or to determine a fact in issue, a witness
qualified as an expert by knowledge, skill, experience, train-
ing, or education, may testify thereto in the form of an opinion
or otherwise.”
140 Brief for appellant at 45-46.
141 State v. Anthony, supra note 133.

- 993 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
[47-49] There is no exact standard for fixing the qualifica-
tions of an expert witness, and a trial court is allowed discre-
tion in determining whether a witness is qualified to testify as
an expert. 142 Experts or skilled witnesses will be considered
qualified if they possess special skill or knowledge respect-
ing the subject matter involved superior to that of persons in
general, so as to make the expert’s formation of a judgment a
fact of probative value. 143 A witness may qualify as an expert
by virtue of either formal training or actual practical experi-
ence in the field. 144 An appellate court reviews the trial court’s
conclusions with regard to evidentiary foundation and witness
qualification for an abuse of discretion. 145
During her testimony, Walker was asked if, in her experi-
ence, it is uncommon to investigate crimes of sexual abuse
where there is a disclosure of abuse that is delayed by years,
and Walker stated it is “very common.” Corral’s trial counsel
did not object to this statement.
Only after the prosecution asked, “How common would
you say it is as it relates to your cases?” did counsel object on
grounds that the question called for expert witness testimony
and speculation. The court overruled the objection, and Walker
answered that, in her personal experience, “at least 75 percent
of [her] cases” had a delayed disclosure component to them.
[50] Walker testified about her own perceptions based on her
experience. Generally, to be admissible, a lay witness’ opinion
must be based on the witness’ perception, foundation must
establish a rational basis for the opinion, and the testimony
must be helpful to the trier of fact. 146
Even if Walker’s testimony is considered an expert opin-
ion, a person may qualify as an expert by virtue of either
142 State v. Wheeler, 308 Neb. 708, 956 N.W.2d 708 (2021).
143 Id.
144 Id.
145 State v. Anthony, supra note 133.
146 See id.

- 994 -
Nebraska Supreme Court Advance Sheets
318 Nebraska Reports
STATE v. CORRAL
Cite as 318 Neb. 940
formal training or actual practical experience in the field, 147
and Walker demonstrated both. Walker testified she had been
working in the child-victim sexual assault unit for about 2½
years, with approximately 20 to 25 open cases at any given
time. Walker testified that she had received training relating
to sexual assault and child abuse cases through the police
academy, Project Harmony, and the child advocacy center. She
usually received 2 days of training each year and was required
to participate in about 20 hours of training per year outside of
the academy.
Finally, even if Walker’s statement was admitted in error,
it was cumulative of her testimony that it is “very common”
to investigate crimes of sexual abuse where there are delayed
disclosures, which testimony Corral did not object to at trial
or challenge in his ineffective assistance claims on appeal.
Additionally, Walker’s testimony was cumulative to Scheinost’s
testimony that research shows that a “vast majority of children
delay disclosing sexual abuse or don’t disclose at all,” which
was also unchallenged at trial and on appeal. Walker’s second
statement tends to prove the same point as her first statement
and Scheinost’s testimony, which is that delayed disclosures
are common in sexual assault cases. Thus, Walker’s second
statement was cumulative of properly admitted evidence and
the trial court’s decision to overrule his objection to Walker’s
testimony, if error, was harmless.
VI. CONCLUSION
Because we find neither any trial court error nor ineffective
assistance of trial counsel, we find no merit to Corral’s assign-
ment of error that the cumulative effect of all errors warrants
reversal of his convictions. For the foregoing reasons, we
affirm the judgment below.
Affirmed.
147 See, State v. Wheeler, supra note 142; State v. Stahl, 240 Neb. 501, 482
N.W.2d 829 (1992).