State v. Knutson, 288 Neb. 823

Knutson, a middle school teacher, was charged with five counts involving four girls: T.P., M.K., E.M., and E.A.
A single jury trial joined all offenses against Knutson; he was acquitted on three girls’ charges but convicted on EA-based counts.
Pretrial motions: Knutson sought severance; trial court denied, finding joinder proper as same or similar character.
Cell phone records were subpoenaed; Knutson moved to suppress them as Fourth Amendment violation and under Neb. statutes.
Evidence at trial showed extensive contact between Knutson and EA, including alleged sexualized communications and conduct, largely centered on EA’s time at a middle school.
Convictions: child enticement (electronic device) and child abuse under § 28-707(1)(a) were upheld; sentences imposed and sex offender registry required.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether joinder of EA with other charges was proper	Knutson argues charges not joinable and severance required	Knutson contends prejudice from joinder	Joinder proper; no prejudice shown
Whether the cell phone records were admissible despite subpoenas	Knutson asserts Fourth Amendment violation and statutory issues	Knutson claims records should be suppressed	No constitutional violation; suppression not required
Whether evidence supports the child enticement conviction under § 28-320.02	Enticement occurred via electronic communications; acts implied illegal outcomes	Argues misinterpretation of timing of illegality	Evidence sufficient for enticement conviction
Whether evidence supports the child abuse conviction under § 28-707(1)(a)	EA placed in dangerous sexual-exploitation situations	Challenged sufficiency of mental-health endangerment	Evidence sufficient to support endangerment theory
Whether the joinder impacts sufficiency review or requires reversal	Unified trial could cloud individual verdicts	Severance would have favored Knutson	No reversal based on joinder; verdicts properly reflect separate considerations

State v. Rocha, 286 Neb. 256 (2013) (same-or-similar-character analysis; overbreadth concerns in Rocha)
State v. Schroeder, 279 Neb. 199 (2010) (child enticement context; statutory interpretation guidance)
State v. Foster, 286 Neb. 826 (2013) (guidance from Rule 14 analogues on severance prejudice)
Smith v. Maryland, 442 U.S. 735 (1979) (pen register doctrine; no warrant required for dialing records)
State v. Rung, 278 Neb. 855 (2009) (timing of illegality under 28-320.02; enticement elements)
State v. Eagle Bull, 285 Neb. 369 (2013) (interpretation of § 28-707 and related theories)