State v. Kozisek, 861 N.W.2d 465

Kozisek was convicted in York County District Court of intentional child abuse resulting in Kaley's death.
Kaley, born Sept. 2010, suffered severe injuries including retinal hemorrhages and ping-pong skull fracture; experts linked to abusive head trauma.
Kassandra, Kozisek’s wife and Kaley’s mother, initially denied Kozisek’s involvement but later changed her opinion.
The State presented medical experts supporting abuse; Kozisek presented Dr. Ophoven’s defense theory and a rebuttal by Dr. Davis.
The district court allowed a demonstrative video and admitted Kassandra’s opinion testimony; Kozisek was denied a new trial.
On appeal, the Nebraska Court of Appeals remanded for a new trial, holding prejudice from the opinion testimony required reversal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of Kassandra’s opinion testimony	Kozisek	Kassandra’s opinion was admissible under §27-704	Reversible error; prejudicial impact; remand for new trial.
State's rebuttal evidence	Kozisek	Rebuttal admissible as proper response to Ophoven	No abuse of discretion; admissible rebuttal evidence.
Demonstrative video	Kozisek	Video helpful to explanation	No abuse of discretion; demonstrative video admissible.

State v. Ramirez, 287 Neb. 356 (2014) (motion for new trial; abuse of discretion standard)
State v. Gutierrez, 272 Neb. 995 (2007) (demonstrative evidence admissibility; discretion standard)
State v. William, 231 Neb. 84 (1989) (lay witness opinion admissibility; perception-based)
State v. Sandoval, 280 Neb. 309 (2010) (rebuttal evidence limits; purpose to counter adverse evidence)
State v. Swillie, 218 Neb. 551 (1984) (rebuttal testimony proper to dispute material fact)
State v. Pangborn, 286 Neb. 363 (2013) (demonstrative aids; admissibility if clarifying and probative)