State v. Lenhart, 11 N.W.3d 661

Riley Lenhart was convicted of intentional child abuse resulting in the death of his 10-month-old daughter, M.L., who died from ligature strangulation while in his care.
Prior to trial, a motion in limine was granted to exclude evidence regarding Lenhart’s sex offender registration and a sexual assault examination done during M.L.'s autopsy.
During trial, a forensic pathologist mentioned a request for a sexual assault examination. Lenhart objected, and the court struck the statement and instructed the jury to disregard it.
Lenhart moved for a mistrial due to the improper statement, but the court overruled the motion and instead ordered the State to make a clarifying stipulation to the jury.
The State read a stipulation to the jury, asserting that sexual assault exams are routine in child autopsies, with no evidence of sexual assault found.
Lenhart was convicted and sentenced to 60 years to life; he appealed, challenging the mistrial denial and the “stipulation.”

Issue	Lenhart's Argument	State's Argument	Held
Whether denial of a mistrial after an improper statement by a witness was error	The improper statement was so prejudicial it could not be remedied by admonition	The statement was promptly stricken and the jury properly instructed to disregard it	No error; court properly presumed jury followed instructions
Whether the court erred by ordering a unilateral “stipulation” over Lenhart’s objection	A stipulation cannot be made by only one party, and its use as fact prejudiced Lenhart under the instructions	No preserved objection to form; the statement merely clarified that no sexual assault evidence was found and such exams are routine	Any error in handling the stipulation was harmless

State v. Vaughn, 314 Neb. 167 (2023) (explains when mistrial is appropriate and the standard for appellate review of mistrial motions)
State v. Trail, 312 Neb. 843 (2022) (outlines necessity of actual prejudice, not just potential, to warrant mistrial)
State v. Esch, 315 Neb. 482 (2023) (admonitions to the jury generally cure improper statements unless contrary appears)
State v. Garcia, 315 Neb. 74 (2023) (sets forth the large discretion afforded to trial courts on mistrial and new trial motions)