853 N.W.2d 203
Neb.2014Background
- Lavalleur prosecuted for attempted first degree sexual assault; district court barred evidence under §27-412 about victim M.J.'s relationship with a third party.
- M.J. testified from August 17, 2012, describe basement encounter after drinking; she could not remember details; Lavalleur claimed consensual behavior but denied penile penetration.
- Lavalleur sought to cross-examine about M.J.'s relationship with a woman 'Sable' to show motive to falsely report; trial court excluded that evidence under the rape shield statute.
- At trial, Lavalleur was convicted of attempted first degree sexual assault, not guilty of first degree sexual assault; sentenced to 24 to 36 months.
- On appeal, the court reverses and remands for a new trial due to the erroneous exclusion of the relationship evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rape shield scope vs. credibility evidence | Lavalleur argues relationship falls outside §27-412. | State contends relation is barred by rape shield. | Exclusion reversed; relationship evidence not barred and relevant to credibility. |
| Sufficiency of evidence for attempted sexual assault | Lavalleur asserts insufficient evidence after exclusion. | State contends sufficient evidence exists. | Sufficient evidence to sustain conviction for attempted sexual assault. |
| jury instruction adequacy for attempted first degree sexual assault | Instruction not properly describing required corroboration. | Standard instruction suffices. | Instruction error noted; remand to address on retrial. |
| Effective assistance of counsel and remaining issues | Lack of addressing rape shield issue prejudicial. | Not reached due to remand on other errors. | Remand precludes ruling on this assignment of error. |
Key Cases Cited
- Richardson v. State, 276 Ga. 639, 581 S.E.2d 528 (2003) (Ga. 2003) (questioning about prior relationship not evidence of past sexual conduct under rape shield)
- State v. Hopkins, 221 Neb. 367, 377 N.W.2d 110 (1985) (Neb. 1985) (rape shield framework related precedents)
- People v. Cobb, 962 P.2d 944 (Colo. 1998) (Colo. 1998) (relationship evidence not necessarily sexual conduct if confined to non-sexual aspects)
- People v. Golden, 140 P.3d 1 (Colo. App. 2005) (Colo. App. 2005) (cross-examination about intimate relationship not barred when it targets credibility/motive)