State v. Rocha, 286 Neb. 256

Rocha was convicted of first degree sexual assault of a child and four counts of child abuse; he appeals direct review alleging ineffective assistance and trial errors.
Joinder misjoined the sexual assault charge with child abuse counts in one trial, leading to potential prejudice.
The court denied a requested limiting instruction and addressed the issue of severance and potential prejudice under Strickland v. Washington.
The State contends joinder was proper; Rocha argues severance was required and that failure to object prejudiced him.
The Nebraska Supreme Court reverses the convictions and vacates sentences, remanding for separate proceedings or further actions as appropriate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether misjoinder required severance of charges	Rocha argues improper joinder violated §29-2002(1)	Rocha asserts joint trial prejudiced by evidence of disparate charges	Yes; misjoinder prejudiced proceedings and warranted reversals
Whether trial counsel's failure to request limiting instructions was ineffective	Rocha claims failure to request limiting instructions harmed defense	Rocha's counsel could have strategy but record lacks justification	Yes; ineffective assistance due to failure to request limiting instructions
Whether evidence admission post-reversal remains sufficient to sustain convictions	Sufficiency of evidence reviewed after reversal	Record shows insufficient basis for continued conviction	No; convictions vacated, remanded for further proceedings

State v. Poe, 284 Neb. 750 (2012) (misjoinder severance and direct appeal review standards)
State v. Faust, 265 Neb. 845 (2003) (ineffective assistance generally not reviewable on direct appeal; Faust discussed direct appeal doctrine)
State v. Hilding, 278 Neb. 115 (2009) (joinder/connectivity standards under § 29-2002(1) and related evidence rules)
State v. Chavis, 296 F.3d 450 (2002) (federal joinder/evidence rules and admissibility concerns)