318 Neb. 859
Neb.2025Background
- John G. Strawn pleaded no contest to two counts of third degree assault under a plea agreement; charges of third degree sexual assault and disturbing the peace were dismissed.
- The factual basis for the plea, as agreed by the State and Strawn, made no reference to sexual contact or assault.
- At sentencing, the presentence investigation report (PSR) included police reports alleging that Strawn had subjected a victim (J.B.) to sexual contact.
- The county court, relying on the PSR, ordered Strawn to register as a sex offender under Nebraska’s Sex Offender Registration Act (SORA).
- Strawn appealed, arguing he could not be required to register as a sex offender since the plea’s factual basis lacked evidence of sexual contact; both the district and supreme courts affirmed the original decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must SORA registration be based on evidence in both the plea factual basis and PSR? | Strawn: Both must contain evidence of sexual contact | State: Only needs evidence in the record (either) | Registration is proper if evidence is present in the record, not required in both sources. |
| Must the trial court make explicit credibility findings from the PSR? | Strawn: Specific credibility findings are required | State: No express finding is needed | No express credibility finding is required if the court finds sufficient evidence and clear conviction. |
| Was due process denied because registration was decided before further argument? | Strawn: He was denied due process | State: He was given notice and opportunity | Due process was provided; Strawn had notice, briefing, and opportunity to argue the registration issue. |
| Did the court erroneously subject Strawn to the federal firearms prohibition? | Strawn: Court improperly imposed prohibition | State: Court only advised, did not impose | The court only advised of potential federal consequences; no prohibition was imposed by the court itself. |
Key Cases Cited
- State v. Norman, 282 Neb. 990 (2012) (SORA registration requires procedural safeguards and consideration of the record, not just plea basis)
- State v. Norman, 285 Neb. 72 (2013) (Sufficiency of evidence standard, not credibility weighing, applies to SORA registration determination)
- State v. Perry, 318 Neb. 613 (2025) (On appellate review, courts do not resolve evidence conflicts or witness credibility)