S-24-0141 State of Nebraska (Appellee) v. Anthoney E. Swartz (Appellant)
Appeal from the District Court for Hamilton County, Judge Rachel A. Daugherty
Attorneys: Chad Wythers (Wythers Law Firm for Appellant) and Teryn Blessin (Asst. Attorney General for Appellee)
Criminal: First-degree sexual assault and false imprisonment
Proceedings below: A jury found Appellant guilty of first-degree sexual assault and false imprisonment. The district court sentenced Appellant to aggregate term of twenty-five (25) to thirty (30) years in prison. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignment of error: 1) The district court abused its discretion when admitting irrelevant propensity evidence in the form of testimony from a prior victim of a statutory rape perpetuated by the Appellant; and 2) Trial counsel was ineffective when failing to object to the admissibility of a sexual assault intake form wince the document contained inadmissible opinions and diagnoses.