State v. McSwine (PFR)

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State v. McSwine (PFR)

Case Number
Call Date
September 30, 2015
Court Number
Case Summary

S-13-0887 State v. Frederick E. McSwine (Appellant)

Lancaster County, Judge Paul D. Merritt, Jr.

Attorneys: Mark E. Rappl (Appellant) --- Kimberly A. Klein (Attorney General's Office)

Criminal: Count I: Terroristic threats; Count II: Kidnapping; Count III: Sexual assault in the first degree; Count IV: Use of a deadly weapon to commit a felony

Proceedings below: A jury found Appellant guilty of all counts. On direct appeal, the Court of Appeals reversed and remanded for a new trial. See State v. McSwine, 22 Neb. App. 791 (2015). The State filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: l. The Court of Appeals erred in reversing and remanding for grounds that "the prosecutor committed misconduct in knowingly providing jury during the closing arguments." 2. The Court of Appeals erred in reversing and remanding for a new trial on the grounds that the appellant was deprived of his Sixth Amendment right to effective assistance of counsel "when defense counsel failed to timely object to the prosecutor's false statements."