State of Nebraska v. Edward Robinson, Jr., 272 Neb. 582

Summary

Edward Robinson, Jr. was convicted in Nebraska of first degree murder and use of a deadly weapon to commit a felony in connection with the shooting death of Herbert Fant. The opinion discusses witness testimony, vehicle identification, cellular telephone records and location data, eyewitness identification, and related trial issues in Robinson's appeal.

Holdings

1. The trial court did not clearly err in finding that Robinson failed to prove purposeful racial discrimination in the State's peremptory challenge of juror No. 278.
2. The cellular telephone records were admissible as business records because the underlying data were generated contemporaneously and maintained in the regular course of the communications companies' businesses; preparing printouts for trial did not change their character.
3. No Daubert hearing was required because the records contained historical call data rather than expert opinions, and the testimony explaining the data did not offer an opinion based on a scientific methodology.
4. The coat was relevant and was not subject to exclusion for unfair prejudice.
5. The evidence was sufficient for a rational jury to find that Robinson killed Fant purposely and with deliberate and premeditated malice.
6. The claimed prosecutorial misconduct did not warrant reversal because most claims were not preserved and the preserved argument concerning vehicle customization did not cause a substantial miscarriage of justice.
7. The certified plea agreement, guilty-plea petition, and federal judgment sufficiently established Robinson's prior conviction and representation by counsel, supporting the habitual-criminal finding.
8. The trial court did not abuse its discretion in removing the jurors when it did, and Robinson failed to establish prejudice or preserve a mistrial claim.

Questions Presented

1. Whether the State exercised a peremptory challenge in violation of Batson v. Kentucky.
2. Whether cellular telephone records were admissible under the business-records exception to the hearsay rule.
3. Whether cellular tower-location data required a Daubert hearing before admission.
4. Whether a fur-lined coat found with Robinson's nephew was relevant and unfairly prejudicial.
5. Whether the evidence was sufficient to support convictions for first degree murder and use of a deadly weapon to commit a felony, including deliberate and premeditated malice.
6. Whether the prosecutor committed reversible misconduct in opening and closing arguments.
7. Whether evidence of Robinson's federal guilty plea established the prior conviction and representation by counsel necessary for habitual-criminal enhancement.
8. Whether the trial court abused its discretion in delaying removal of two jurors.

Disposition

affirmed