State v. McSwine

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State v. McSwine

Case Number
Call Date
November 8, 2016
Case Time
9:00 AM
Case Summary

A-13-0887, State of Nebraska v. Frederick McSwine (Appellant)

Lancaster County, District Court Judge Paul D. Merritt

Attorney for Appellant: Mark E. Rappl

Attorney for Appellee: Douglas J. Peterson, Kimberly A. Klein (Attorney General's Office)

Criminal Action: Terroristic threats, kidnapping, first degree sexual assault, and use of a deadly weapon to commit a felony

Action Taken by Trial Court: A jury convicted Appellant of all four offenses and the district court sentenced him to a total of 57 to 85 years' imprisonment.

Assignments of Error on Appeal: In this appeal, Appellant asserts that the district court erred in (1) failing to admit evidence of a specific instance of the victim's sexual behavior prior to the day of the assault and (2) overruling his motion for a mistrial which was based on an allegation of juror misconduct. Appellant also asserts that the totality of all the errors committed during the proceedings below prohibited him from receiving a fair trial and that he received ineffective assistance of trial counsel.

Case Location
Panel Text
Inbody, Pirtle, Judges, and McCormack, Justice, Retired