LINCOLN, Neb. (AP) — The Nebraska Supreme Court has overturned a ruling that granted a Lincoln man a new trial on charges of sexual assault and kidnapping.
The court ruled Friday against 29-year-old Frederick McSwine, whose conviction was reversed by an appeals court last year.
McSwine was sentenced to 57 to 85 years in prison for allegedly forcing a woman from her apartment at knifepoint and raping her in October 2012. The conviction was reversed in March after the state appeals court found that the Lancaster County prosecutor handling the case knowingly provided false information to the jury.
The Nebraska Supreme Court reversed the appeals court decision, concluding that the jury was not misled by the prosecutor’s statements. The case will return to the Nebraska Court of Appeals for further review.