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State v. Boswell
316 Neb. 542
Neb.
2024
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Background

  • Sydney Loofe disappeared after a date with Bailey M. Boswell, who used the alias "Audrey" on a dating app; Boswell and Aubrey Trail were later linked to her disappearance and murder.
  • The investigation revealed Boswell and Trail's joint purchase of items connected to murder and body disposal, and recovery of Loofe's dismembered remains in rural Nebraska; DNA and circumstantial evidence tied them to the crime.
  • Evidence showed Boswell and Trail solicited young women for participation in a conspiracy involving sexual domination, occult practices, torture, and ultimately murder for gratification.
  • Boswell was convicted by jury of first degree murder, conspiracy to commit first degree murder, and improper disposal of human skeletal remains, and sentenced to life plus consecutive terms for the other charges.
  • On appeal, Boswell challenged the admission of gruesome photographs, evidence of sexual and occult practices, and hearsay statements under the coconspirator exception.

Issues

Issue Boswell's Argument State's Argument Held
Admission of Gruesome Photographs Photos irrelevant, unduly prejudicial, needlessly cumulative Photos relevant to crime elements, not unduly prejudicial, documented crime No abuse of discretion; probative value outweighed prejudice
Evidence of Sexual Acts and Witchcraft (bad acts) Inadmissible character evidence, not relevant, highly prejudicial Admissible for motive/intent under §27-404(2); provides context/motive/plan Proper for motive/intent, sufficient limiting instruction given
Admission of Coconspirator Hearsay Statements State did not independently prove conspiracy; statements inadmissible Independent evidence of conspiracy shown; statements admissible under exception No error; independent evidence supported coconspirator exception
Need for Limiting or Excluding Cumulative Evidence Excessive duplicative evidence should be excluded Multiple photos/acts show distinct or necessary aspects of crime, not improper Not needlessly cumulative given crime nature and purposes explained

Key Cases Cited

  • State v. Britt, 305 Neb. 363 (admission of crime scene and autopsy photos rests on trial court's discretion)
  • State v. Jenkins, 294 Neb. 684 (photos may show victim's condition, identity, and crime elements)
  • State v. Torres, 283 Neb. 142 (explains intent as a state of mind, relevant for intent proof)
  • State v. Thomas, 303 Neb. 964 (defines and supports admission of evidence for motive/intent)
  • State v. Partee, 199 Neb. 305 (cumulative evidence must be considered in context, not by numbers alone)
Read the full case

Case Details

Case Name: State v. Boswell
Court Name: Nebraska Supreme Court
Date Published: May 10, 2024
Citation: 316 Neb. 542
Docket Number: S-21-980
Court Abbreviation: Neb.