State of Nebraska v. Anthony E. Swartz

Aurora, Nebraska criminal defense lawyer represented the Defendant charged with first degree sexual assault and false imprisonment.



Anthoney E. Swartz was convicted by a jury of first degree sexual assault and false imprisonment, and he appeals his convictions. At issue in this appeal are whether the district court for Hamilton County abused its discretion when it admitted testimony of a survivor of Swartz' prior sexual assault conviction and whether Swartz received ineffective assistance of counsel for his trial counsel's failure to object to the admission of a sexual assault intake form created by a sexual assault nurse examiner (SANE).



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Legal issue Did the district court abuse its discretion in admitting evidence of a prior sexual assault conviction, and was the defendant denied effective assistance of counsel for failure to object to the admission of a SANE report?



Key Phrases Ineffective assistance of counsel. Sexual assault conviction. Nebraska Evidence Rules. Prior sexual assault conviction. Medical diagnosis or treatment.

Affirmed