State v. Sanchez-Lahora

Appellant, Orestes Sanchez-Lahora, was convicted of first degree sexual assault and terroristic threats. The Nebraska Court of Appeals reversed the judgment and remanded the cause for a new trial because the trial court excluded the evidence of the victim’s alleged prior sexual conduct with Sanchez-Lahora. See State v. Sanchez-Lahora, 9 Neb. App. 621, 616 N.W.2d 810 (2000). We granted the State’s petition for further review.

The issue presented by this case is the trial court’s role under Neb. Rev. Stat. § 28-321 (Reissue 1995), Nebraska’s rape shield statute, in determining the admissibility…