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Robbins v. State

The trial court did not err in admitting into evidence statements the murder victim allegedly made to her niece on the morning after her husband beat her, which the niece then relayed to a police officer and the victim's daughter, because the statements were admissible as excited utterances and to impeach the niece's testimony at trial.

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Following a jury trial, Robert Robbins was found guilty of felony murder, aggravated assault, and aggravated battery in connection with the beating death of his wife, Susan Robbins.1 On appeal, Robbins contends that the trial court erred in allowing certain statements of the deceased victim to be admitted into evidence at trial and that his trial counsel was ineffective. For the reasons that follow, we affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence presented at trial revealed that, on the night of February 7, 2011, after drinking a box of wine and a bottle of peppermint schnapps, and taking pain pills, Robbins became enraged about being unable to find his lighter and severely beat his wife, Susan, for an extended period of time with a plank of wood, breaking her nose; fracturing her ribs and wrist; breaking her femur; and causing a collapsed lung, bilateral subdural hematomas, and a subarachnoid brain bleed. At some point during the repeated beatings, Robbins’ son saw Robbins twist Susan’s arm and choke her while she was nearly unconscious on the ground.2

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