State v. Valverde, 286 Neb. 280

Valverde was charged with multiple counts of sexual assault of a child and child abuse relating to H.L. and B.V. between 2008 and 2010 and with earlier offenses; one count of first-degree sexual assault of a child, second offense, was dismissed.
The State sought to admit evidence of Valverde’s prior sexual assaults under Neb. Rev. Stat. § 27-414; pretrial hearings collected testimony from E.M. and H.A. and compared them to the current charges.
The district court ruled the prior acts admissible on a conditional basis, but barred mention of the § 27-414 evidence during trial until after evidence of current offenses was presented.
Trial proceeded with current victims testifying first; after hearing this testimony, the State notified the court of its intent to introduce § 27-414 evidence and the court conducted a final admissibility ruling outside the jury.
Valverde objected to the procedures, moved for a mistrial, and challenged certain jury instructions; the jury found Valverde guilty on all counts and the district court sentenced him, which the Nebraska Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 27-414 procedures were properly followed	Valverde argues procedures violated § 27-414	Valverde contends procedures were improper	No abuse of discretion; procedures proper under § 27-414
Whether the motion for mistrial should have been granted	Valverde asserts prejudice from mid-trial admissibility ruling	State contends timing did not require mistrial	No reversible error; trial court did not abuse discretion
Whether jury instructions adequately guided consideration of § 27-414 evidence	Valverde claims insufficient limiting/limited-purpose instructions	Court properly instructed; Kibbee guidance not required	No reversible error; instructions collectively correct and adequate
Whether final admissibility balancing under § 27-403 was proper	Valverde contests balancing factors	Court properly weighed probability, remoteness, and similarity	Balancing supported admission; no abuse of discretion

State v. Kibbee, 284 Neb. 72 (2012) (admissibility of § 27-414 evidence analyzed; balancing and similarities key)
U.S. v. Hawpetoss, 478 F.3d 820 (7th Cir. 2007) (federal analog; tentative admissibility and mid-trial reconsideration approved)
State v. Carter, 246 Neb. 953 (1994) (similarity-based analysis for prior offenses; precedential framework for § 27-404/27-414)
State v. Yager, 236 Neb. 481 (1990) (patterns of generational assaults; relevance to balancing)
State v. Stephens, 237 Neb. 551 (1991) (similarities and admissibility considerations in prior acts)
State v. Kern, 224 Neb. 177 (1986) (remoteness and similarity factors in admissibility)