A-22-0611, State v. McSwine (appellant)

Lancaster County, District Court, Judge Susan Strong

Attorney for Appellant: Jason E. Troia (Dornan, Troia, Howard, Breitkreutz, Conway, & Dahlquist PC LLO)

Attorney for Appellee: Austin Relph (Attorney General’s Office)

Postconviction

Action Taken by Trial Court: Frederick E. McSwine was convicted of terroristic threats, kidnapping, first degree sexual assault, and use of a deadly weapon to commit a felony. His convictions were affirmed on appeal. McSwine filed for postconviction relief, alleging numerous claims. The district court denied, without an evidentiary hearing, all but one of McSwine’s postconviction claims; that order was affirmed on appeal. The remaining postconviction claim proceeded to an evidentiary hearing where McSwine alleged that his trial counsel was ineffective for failing to introduce corroborating evidence to support his defense. The district court denied McSwine’s remaining postconviction claim.

Assignments of Error on Appeal: McSwine claims the district court erred in finding that trial counsel was not deficient, that McSwine failed to establish prejudice, and in denying his motion for postconviction relief.