Nebraska Supreme Court
State v. Swartz
March 7, 2025318 Neb. 553
Summary
The Nebraska Supreme Court affirmed Swartz’s convictions for first degree sexual assault and false imprisonment. It held that the district court did not abuse its discretion by admitting evidence of Swartz’s prior sexual assault under the statutory propensity-evidence framework because the prior offense was supported by clear and convincing evidence and had sufficient similarities to the charged assault. The court also held that counsel was not ineffective for failing to object to the SANE report because the report qualified as a business record and the victim’s statements within it fell within the medical-diagnosis-or-treatment hearsay exception.
Holding
- Admission of prior sexual assault evidence. The district court did not abuse its discretion by admitting evidence of Swartz’s prior sexual assault conviction. The prior offense was supported by clear and convincing evidence, the court conducted the required hearing and balancing, and the probative value was not substantially outweighed by the danger of unfair prejudice.
- Ineffective assistance based on failure to object to the SANE report. Swartz was not denied effective assistance of counsel because an objection to the SANE report would have been meritless. The report qualified as a business record, and A.S.’ statements recorded in it were admissible under the medical-diagnosis-or-treatment exception to the hearsay rule.
Docket S-24-141
Cited authorities
- Neb. Rev. Stat. § 27-414
- Neb. Rev. Stat. § 27-803
- Neb. Rev. Stat. § 27-803
- Neb. Rev. Stat. § 27-803
- Neb. Rev. Stat. § 27-414
- Neb. Rev. Stat. § 27-803
- Neb. Rev. Stat. § 27-403
- Neb. Rev. Stat. § 27-802