State v. Gonzalez, 985 N.W.2d 22

In 2021, H.S., an infant child in Jefferson County, died from blunt-force abdominal trauma (fatal liver injury); Jake J. Gonzalez lived with the child and the child’s mother at the time.
Gonzalez was charged with intentional child abuse resulting in death (Class IB felony) and making terroristic threats; he was tried in Jefferson County and convicted by a jury.
Before trial Gonzalez moved to change venue, arguing pervasive pretrial publicity and juror bias; the district court denied the motion after voir dire and a jury was seated.
At trial the court instructed the jury on intentional child abuse resulting in death and on negligent child abuse resulting in death as a lesser-included offense, but refused Gonzalez’s requested instruction on involuntary manslaughter.
Gonzalez appealed, arguing (1) the venue denial was an abuse of discretion due to pretrial publicity and juror prejudice and (2) the court’s refusal to instruct on involuntary manslaughter violated due process.
The Nebraska Supreme Court affirmed: it held the venue ruling was not an abuse of discretion and any error in omitting involuntary manslaughter was harmless because the jury had the negligent-child-abuse alternative and found Gonzalez acted intentionally.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Change of venue due to pretrial publicity	State: no pervasive, misleading publicity shown; voir dire produced enough jurors who could be fair	Gonzalez: media "whirlwind" and many prospective jurors admitted bias; fair jury impossible in Jefferson County	Denial affirmed — defendant failed to show pervasive misleading publicity; voir dire showed impartial jurors; no abuse of discretion
Failure to instruct involuntary manslaughter as lesser-included offense	State: instruction on negligent child abuse (a similar lesser offense) was appropriate and provided the less-dramatic alternative	Gonzalez: involuntary manslaughter is a lesser-included offense and refusal to instruct deprived due process	Affirmed — even if omission was error, it was harmless because jury was given negligent-child-abuse alternative and convicted on intentional abuse, necessarily rejecting nonintentional theories

State v. Sinica, 277 Neb. 629 (holds involuntary manslaughter is a lesser-included offense of child abuse resulting in death)
State v. Strohl, 255 Neb. 918 (denial of venue change upheld where jurors could set aside publicity and be impartial)
Beck v. Alabama, 447 U.S. 625 (due process requires lesser-included instructions when refusal creates an "all-or-nothing" risk of unwarranted conviction)
State v. Molina, 271 Neb. 488 (guilty verdict on greater offense can make omission of a lesser instruction harmless where jury necessarily rejected lesser theory)
State v. Huff, 282 Neb. 78 (refusal to give a lesser instruction was not prejudicial when another adequate lesser alternative was given)
State v. Parks, 253 Neb. 939 (negligent child abuse is a lesser-included offense of intentional child abuse)