State v. Smith

Thomas E. Smith appeals his jury conviction in the district court for Douglas County on two counts of first degree sexual assault on a 13-year-old female child.

On appeal, Smith claims that the trial court erred (1) in admitting the victim’s diary into evidence, in violation of the hearsay rules; (2) by allowing police officers and the victim’s mother to testify about details of the assault; (3) in overruling Smith’s motion for a mistrial; (4) by allowing the prosecutor to ask irrelevant and prejudicial questions; and (5) because “the cumulated error in the trial was such that the defendant…