State v. Plymate

Supreme Court of Nebraska · 1984 · Evidence

345 N.W.2d 327 (Neb. 1984)

Updated August 22, 2026

Evidenceother crimes evidenceRule 404(b)planintentsexual assaultschemehearsay

Facts

The 43-year-old defendant cultivated a relationship with 12-year-old Terry by buying him gifts, giving him money, taking him to movies, and spending time alone with him, then allegedly sexually assaulted him in the defendant's apartment on May 1, 1982. At trial, the State introduced by stipulation a description of a newspaper interview published less than one year earlier in which the defendant admitted sexually assaulting more than 300 children before an incarceration in 1962. In that interview, he described giving children money and gifts and spending large amounts of time alone with them, which matched the approach used with Terry. The trial court also admitted testimony about a conversation in which a friend allegedly said the defendant had done this to other boys too.

Issue

Whether the defendant's published admissions about prior sexual assaults and his described method of approaching children were admissible under § 27-404(2) to show plan and intent, and whether admission of the hearsay statement about other boys required reversal.

Rule

Where a defendant has detailed a plan or scheme to commit a crime and ultimately carries out that plan or scheme, evidence concerning the same is admissible to show the defendant's plan and intent to commit the alleged crime. Even if hearsay is improperly admitted, reversal is not required if, after examining the entire cause, no substantial miscarriage of justice actually occurred.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Wichita, 41-year-old Nolan Pierce is tried for sexually assaulting a 13-year-old boy after first buying him game tokens, new headphones, and meals, and arranging several outings alone. Eight months before the charged assault, Nolan gave a recorded interview to a local magazine in which he said that when he targeted boys in the past, he would give them gifts, hand them spending money, and make sure they spent lots of time alone with him.

If the prosecution offers the recorded interview, what is the strongest basis for admitting it?

Explanation. The majority held that where a defendant has detailed a plan or scheme to commit a crime and later carries out that same plan or scheme, the evidence is admissible to show plan and intent. The key is not general propensity, but the defendant's recent description of the same method used in the charged offense.