S-13-0306, State v. Danny R. Robinson, Jr. (Appellant)
Douglas County, Judge Thomas A. Otepka
Attorneys: Michael J. Wilson, Jessica P. Douglas (Schaefer Shapiro LLP) (Appellant) --- Stacy M. Foust (Attorney General’s Office)
Proceedings below: The Supreme Court determined Appellant’s direct appeal. See State v. Robinson, 271 Neb. 698 (2006). The district court denied Appellant’s request for postconviction relief after holding an evidentiary hearing on some of the issues presented.
Issues: 1. Trial counsel provided ineffective assistance when he failed to adequately investigate or subpoena Keelan Washington or Antone Green concerning Terrell Reed's whereabouts at the time of Daniel Lockett's murder. 2. Trial counsel provided ineffective assistance when, instead of seeking a continuance so Victor Hill could be located, he agreed to consider Hill an unavailable witness after failing to give the State notice of his intent to introduce Hill's hearsay statements under the residual hearsay exception. 3. Trial counsel provided ineffective assistance when he failed independently interview or subpoena Denesha Lockett and Jasmine Harris because their testimony would have provided further support for Robinson's primary defense theory. 4. Trial counsel provided ineffective assistance when he failed to independently interview or subpoena Darrell Kellogg because his testimony would have provided further support for Robinson's primary defense theory. 5.Trial counsel provided ineffective assistance when he failed to move for a mistrial in response to two improper arguments made by the State during closing arguments. 6. Even if none of the several errors set forth herein warrant a reversal when considered in isolation, all of the errors in the aggregate establish that Danny Robinson did not receive either the effective assistance of counsel or the fair trial guaranteed by the federal and state Constitutions.