The evidence at trial revealed that on Easter Sunday in April 2010, Robertson was standing outside his residence when a white vehicle pulled up and stopped in the intersection. See State v. Robertson, No. A-12-204, 2013 WL 599895 (Neb. App. Feb. 19, 2013) (selected for posting to court website). There were four occupants in the vehicle, including Dontevous Loyd. There was conflicting evidence as to whether anyone in the vehicle had a gun or fired any shots at Robertson.
A. Conviction and SentenceThe court states the facts as they were recited by the Nebraska Court of Appeals in State v. Robertson, Case No. A-12-204, 2013 WL 599895 (Neb. App. Feb. 19, 2013) (Memorandum Opinion) (affirming Robertson's convictions and sentences on direct appeal). (Filing No. 11-5.) SeeBucklew v. Luebbers, 436 F.3d 1010, 1013 (8th Cir. 2006) (utilizing state court's recitation of facts on review of federal habeas petition).
In it, he alleged his appellate counsel was ineffective for (1) failing to convince the Court of Appeals that the trial court's failure to give a defense of others instruction was prejudicial, (2) not alleging his trial counsel was ineffective for failing to timely appeal the denial of his pretrial motion for discharge, and (3) not filing a petition for further review after the Court of Appeals concluded his ineffective assistance of trial counsel claim related to juror misconduct was not reviewable on direct appeal.State v. Robertson, No. A–12–204, 2013 WL 599895 (Neb. App. Feb. 19, 2013) (selected for posting to court Web site).After directing the State to respond to Robertson's motion, the district court denied postconviction relief without conducting an evidentiary hearing.