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.