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State v. Robinson

Supreme Court of Nebraska

March 28, 2014

STATE OF NEBRASKA, APPELLEE,
v.
ANDRE D. ROBINSON, APPELLANT

Page 313

Appeal from the District Court for Douglas County: GREGORY M. SCHATZ, Judge.

Andre D. Robinson, Pro se.

Jon Bruning, Attorney General, and Kimberly A. Klein for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 314

[287 Neb. 800] Heavican, C.J.

INTRODUCTION

Andre D. Robinson was convicted of knowing or intentional child abuse resulting in death and was sentenced to life imprisonment. We affirmed his conviction and sentence.[1] Robinson then filed a petition for postconviction relief. Following

Page 315

an evidentiary [287 Neb. 801] hearing, his petition was dismissed. Robinson appeals. We affirm.

BACKGROUND

Robinson was convicted of child abuse resulting in death and was sentenced to life imprisonment. The facts underlying this conviction are reported in our opinion in State v. Robinson. [2]

Briefly stated, the victim, Branesha Thomas, 22 months old, was brought into a hospital emergency room in Omaha, Nebraska, by her mother, Tanisha Turner, and Robinson. Turner was a girlfriend of Robinson's, but Robinson was not Branesha's father. Branesha was not breathing and had multiple bruises on her head, face, and chest. Branesha died of her injuries.

Initially, Turner reported that Branesha had fallen off her bed. Later, she informed investigators that she and Branesha had spent the day with " Eric" and had gone to the Chuck E. Cheese's and Burger King restaurants. The next day, Turner again changed her story, informing police investigators that she had actually spent the day before with a friend, while Branesha had been left with Robinson. Turner explained that she had ...


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