State v. Osborne, 835 N.W.2d 664

Osborne was convicted in Saunders County County Court of third-degree sexual assault and of admitting a minor to an obscene motion picture, show, or presentation arising from events in 2009.
District Court affirmed Osborne’s convictions.
Court of Appeals affirmed the third-degree sexual assault conviction but reversed the obscenity conviction and remanded with directions to dismiss that charge; it did not address ineffective assistance claims.
Osborne petitioned for further review; the Nebraska Supreme Court granted review on the two asserted errors.
Supreme Court affirmed the Court of Appeals, concluding the sufficiency issue was supported and the ineffective assistance issue required an evidentiary hearing on direct appeal.
Standards of review for sufficiency require viewing evidence in the light most favorable to the State; ineffective assistance claims generally require an evidentiary hearing on direct appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there sufficient evidence to convict Osborne of third-degree sexual assault?	Osborne contends the record lacks sufficient evidence.	State contends the record supports a rational verdict beyond a reasonable doubt.	Yes; the Court of Appeals’ sufficiency ruling stands.
Should the ineffective assistance claim be addressed on direct appeal?	Osborne argues the record shows ineffective assistance.	State argues such claims require an evidentiary hearing.	No; such claims require an evidentiary hearing and are not resolved on direct appeal.

State v. Watt, 285 Neb. 647 (2013) (sufficiency review and deference to witness credibility standard)