State v. Goff, A-16-644

Defendant Lisa M. Goff was charged with a single count of child abuse (Class IIIA felony) arising from a round burn-like mark on her 5‑year‑old son Jonathan after a visitation; she pled not guilty and went to jury trial.
Father Mark observed the mark after the visit and reported it; police and a child‑abuse investigator photographed the healed, round mark and interviewed Jonathan, who at various times gave different explanations but told officers his mother burned him with a cigarette.
Investigator Sarah Mann (CID) testified she had training about burn injuries and had observed cigarette burns in her work; no medical professional examined the mark because it was fairly healed.
Goff denied smoking near the child, denied burning Jonathan, and testified she never was alone with him during that visit; other family members gave inconsistent accounts about the source of the injury.
The jury convicted Goff of the lesser included offense of negligent child abuse (Class I misdemeanor); she received probation and partial jail time. Goff appealed, arguing insufficient evidence and ineffective assistance of trial counsel.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Goff)	Held
Sufficiency of the evidence	Evidence (photographs, investigator and officer observations, child’s statements) supports conviction for negligent child abuse	Evidence was weak, inconsistent, largely hearsay, and lacked medical/scientific proof; reasonable doubt exists	Affirmed — viewing evidence in State’s favor, the record was sufficient to support conviction
Trial counsel failed to consult/present an expert on the injury	—	Counsel was ineffective for not presenting expert testimony on nature/age of the burn	Not resolved on direct appeal — record insufficient to review
Trial counsel failed to object to closing argument invoking investigator’s cigarette‑burn training	—	Counsel was ineffective for not objecting to improper argument about Mann’s training	Not resolved on direct appeal — record insufficient to review
Trial counsel failed to interview/call potential witnesses (Herman Suazo, teacher Tiffany)	—	Counsel was ineffective for not calling witnesses who would impeach father’s/child’s statements	Not resolved on direct appeal — record insufficient to review

State v. Duncan, 293 Neb. 359 (appellate standard: do not reweigh evidence or assess credibility)
State v. Epp, 278 Neb. 683 (guilty verdict will not be set aside unless evidence lacks probative force as a matter of law)
Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficient performance and prejudice)
State v. Collins, 292 Neb. 602 (when ineffective assistance claims may require an evidentiary hearing and cannot be resolved on direct appeal)