State v. Swartz

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.