See People v. Doolin, 45 Cal.4th 390, 451, 87 Cal.Rptr.3d 209, 198 P.3d 11 (2009) (trial court did not err in denying penalty phase continuance to allow defendant to develop childhood abuse issues; defendant made no showing that he could produce specific, relevant mitigating evidence within a reasonable time); People v. Jenkins, 22 Cal.4th 900, 1038, 95 Cal.Rptr.2d 377, 997 P.2d 1044 (2000) (court within its discretion to refuse continuance to allow penalty phase consultant time to undertake investigation of character and background where defendant did not demonstrate it would produce specific relevant mitigation evidence); People v. Chapman, 194 Ill.2d 186, 24142, 743 N.E.2d 48 (2000) (trial court did not abuse discretion in denying 60day continuance 3 weeks before trial to allow penalty phase expert to develop mitigation case where previous continuance had been granted and defendant failed to show how expert testimony would have added to the mitigation evidence); State v. Rimmer, 250 S.W .3d 12, 41 (Tenn.2008) (no error in denying continuance to allow expert to develop mitigation evidence where defendant failed to show what, if any, mitigation evidence would have been uncovered had continuance been granted). See Scott, 286 Kan. at 10607; Cheever, 295 Kan. at 266; Gleason, 299 Kan. at 119397; State v. Carr, 300 Kan. 1, 303, 331 P.3d 544 (2014), cert. She arrived on April 23, 2000. The officers also found over a dozen pastel-colored envelopes with enclosed greeting cards and envelopes inside a plastic Target sack. The proper scope of voir dire and the permissibility of case-specific questioning were not issues before the Supreme Court. 545 F.3d at 1243. The court records say: Nancy, in particular, always stood by Robinson. 1001 Advisory Committee Note 4; cf. Research has led to the conclusion that [f]or over fifty years, empirical investigation has demonstrated that death qualification skews juries toward guilt and death. 135 S.Ct. First, there must be a reason to protect the jurors from identification. All remaining convictions are affirmed. Maintaining family relationships and familial grief. 79. The message said Trouten had written to her mother, that she had left on her trip, that she would not have online access for some time, and that she would try to stay in touch when possible. Robinson also admitted to knowing that her husband used the alias James Turner but insisted he only did it "for research to get statistics for the magazine" he published on manufactured modular home living. Accordingly, where the trial court sustains an objection and admonishes the jury to disregard the objectionable testimony, reversal is not required unless the remarks are so prejudicial as to be incurable. State v. Gleason, 277 Kan. 624, 642, 88 P.3d 218 (2004). The evidence did not establish that Robinson actually ripped baby Tiffany from Lisa Stasi's arms. Kleypas, 272 Kan. at 1103. Even so, Juror 246 confirmed in response to questioning that she remained unsure as to defendant's guilt or innocence. he asked, before requesting a bench conference, presumably about the books. "Probably in his briefcase, I saw a bank statement and a canceled check where he was paying her rent," she stated. 749 (1927), and Ward v. Village of Monroeville, 409 U.S. 57, 93 S.Ct. She had interest in BDS&M and responded to personal ads, eventually meeting a man named John who promised to take her on a cruise and put Debbie in private school. Instead, he focuses on the district judge's denial of subsequent motions for a second continuance. Judge Anderson's rulings were supported by substantial competent evidence, and we cannot conclude from the record that no reasonable jurist would have agreed with them. I've got a history of incredible violence, but let me see my family. Nancy said Robinson played an important role in the lives of his children and actively participated in and attended their activities, the appeal said. The remarks were consistent with and within the scope of the evidence, which was sufficient to establish that Robinson murdered Stasi and five other women and that law enforcement officers conducted an extensive investigation that led to the discovery of all the victims' bodies, other than Stasi's. Nancy, in particular, always stood by Robinson. The lone, isolated remark was not gross and flagrant. As such, law enforcement officers are not required to exhaust every possible technique before resorting to a wiretapthey must instead demonstrate that wiretapping is not the first meaningful step in the investigation. Judge Anderson not only allowed the defense to inform prospective jurors of case-specific facts, but also gave counsel leeway to explore panelists' impartiality and ability to consider both sentencing options notwithstanding these facts. Not the least of their problems is that of assembling the witnesses, lawyers, and jurors at the same place at the same time, and this burden counsels against continuances except for compelling reasons. Relief is granted only in those rare cases where publicity created either a circus atmosphere in the court room or a lynch mob mentality such that it would be impossible to receive a fair trial. Goss v. Nelson, 439 F.3d 621, 628 (10th Cir.2006) (quoting Hale v. Gibson, 227 F.3d 1298, 1332 [10th Cir.2000] ). Trouten provided similar descriptions of the job and travel opportunities to her father, aunt, and Michigan employer. Since Irvin, the Supreme Court has twice considered and rejected claims that juror declarations of impartiality should be set aside. If not, the trial court must determine whether the degree of prejudice results in an injustice and, if so, declare a mistrial. State v. Ward, 292 Kan. 541, Syl. Kleypas, 272 Kan. at 1084. 3. The results speak for themselves. Moreover, the district judge properly instructed the jurors on the burden of proof. It is hardly necessary to say that the right to counsel being conceded, a defendant should be afforded a fair opportunity to secure counsel of his own choice. Powell v. Alabama, 287 U.S. 45, 53, 53 S.Ct. It is for you to determine what, if any, weight you give. See State v. Peppers, 294 Kan. 377, 394, 276 P.3d 148 (2012) (prosecutors free to make argument, provided it is supported by admitted evidence). I don't have the money to pay the bank all the back payments. During the first portion of the State's closing argument, prosecutor Morrison claimed that Robinson was the common thread that ran through the similar characteristics of all the murders, including the bogus cover stories used to lure victims, the similar manner of killings, and the various efforts taken to conceal the deaths. To resolve the challenge, we must construe the meaning of the phrase common scheme or course of conduct under K.S.A. Thus it had to prove not only that [defendant] had the general intent to take or confine a person by force, threat, or deception, but also that he had the specific intent to inflict bodily injury or to terrorize the victim or another. State v. Becker, 290 Kan. 842, 852, 235 P.3d 424 (2010). Includes Address(6) Phone(7) Email(4) See Results. See Longoria, 301 Kan. at 506 (Where defendant fails to object to the adequacy of the trial court's factual findings, we assume that the trial court made the findings necessary to deny the change of venue.). Mattingly's preliminary hearing testimony was generally consistent with the proffer. The district judge denied the motion to strike the panel, finding that while Juror 173 had communicated a strongly held personal belief, it was not unlike others the parties had explored in previous panels. Santa Barbara Estates was not a gated community, and there was no physical barrier impeding access into the area. 3. Second, if misconduct is found, an appellate court must determine whether the improper comments prejudiced the jury against the defendant and denied the defendant a fair trial. State v. Marshall, 294 Kan. 850, 856, 281 P.3d 1112 (2012). Robinson told Haymes he had placed Stasi at the Roadway Inn, but on January 10, she and Tiffany came to his business with a man named Bill and said they planned to start a new life together in Colorado. 137 F.3d at 63334. The tape appeared to be similar to the strands of duct tape found inside the barrel containing Lewicka's body. Defining Standard of Proof for Aggravating Circumstances. 519, 524, 616 N.W.2d 710 (2000) (use of juror numbers did not undermine presumption of innocence where nothing suggested practice was unique to defendant); cf. Robinson shared stories of his BDS&M liaisons with Carlos Ibarra, a maintenance employee at Santa Barbara Estates, and showed him nude photographs of a girlfriend depicted in BDS&M poses, the court records say. There's ways around these problems. Trouten shared the news of her employment opportunity with other friends and family. 216619(b) compel our review of the challenge under K.S.A. During the State's questioning, Juror 115 said his sentencing decision would not be automatic and he would consider and weigh aggravating and mitigating circumstances. Did admission of Jean Glines' testimony violate K.S.A 60455? Several yards beyond this sign, there was a Speed Limit 20 sign. at 2767 (Breyer, J., dissenting). 844, 847, 632 S.E.2d 723 (2006) ( e-mail offers unique opportunities for fabrication, [but] it is held to the same standards of authentication as other similar evidence); Commonwealth v. Purdy, 459 Mass. We apply a two-part test to determine whether a jury instruction is clearly erroneous. 4, 238 P.3d 266 (2010). Young also observed a fracture of the right forearm, specifically the right ulna, which he testified to be consistent with a defensive wound. In September 1999, Robinson delivered a check for that month's rent to the property manager, Julie Brown, and informed her that he had vacated the apartment even though several months remained on the term of the lease. Cunningham identified studies showing a significant reduction in the risk of prison violence among offenders who are age 45 years or older, referring to this phenomenon as the aging effect. This aging effect is generally consistent with data among the general population that shows a decreasing tendency for violence with increased age. 48. Thus, we have struck down statutes that tied criminal culpability to whether the defendant's conduct was annoying or indecentwholly subjective judgments without statutory definitions, narrowing context, or settled legal meanings. In other words, proof of the intentional, premeditated murder of each and every victim is a required essential element of the charged crime of capital murder equal in importance to every other element. Morgan v. Illinois, 504 U.S. 719, 72930, 112 S.Ct. Robinson said he was in the publication business and needed a corporate apartment for female employees he trained from across the country. Robinson argues that the sexually motivated designation constitutes an unlawful variance from the sentence announced from the bench. See K.S.A. Now, listen to a stunning phone call with the killer and see what happened to the one baby who survived his madness. Did Judge Anderson err in allowing the medical examiner's testimony regarding defensive wounds? Reason to Protect Jurors from Identification. Here, Juror 147 made his comments after the jury had taken a vote, reaching unanimous agreement as to sentence. Pojman concluded the cause of death was a blow to the left side of the head with a hard object. Robinson was a self-employed, but not entirely successful, entrepreneur. However, if Mattingly observed Robinson cleaning unit F10 with a cleaning solution before the lessee's complaint, then the inference was that the cleaning solution itself stained the mattress. Additionally, where a defendant claims the denial of continuance interfered with his or her ability to present a defense, we review the question de novo. Richmond v. Polk, 375 F.3d 309, 32931 (4th Cir.2004) (Morgan, 504 U.S. at 72930, does not require trial court to allow defendant an opportunity to ask prospective jurors if they would still consider mitigating factors and impose a life sentence once informed of his prior conviction for first-degree murder. . I guess I talked about them a lot when we talked on the phone. But previously, in discussing the sufficiency of the evidence, the majority asserted that there was enough evidence that the jurors could have found that all of the murders were related to one another in some way and therefore part of a common scheme or course of conduct. (Emphasis added.) However, there remains the concern that the trial court's order negatively impacted [defendant's] constitutional right to the presumption of innocence. 280 Kan. at 7273. 4 so as to allow the crime to have been committed either in Kingman County or its neighboring county. Law enforcement officers also recovered a pillow and pillowcase from inside the barrel that matched the pattern of Lewicka's bedsheets, which Robinson had since given to his paramour, Barbara Sandre. Defense counsel seemed to realize the oversight, withdrawing his line of questioning and abandoning the argument. A de novo standard of review is then used to review the ultimate legal conclusion regarding the suppression of evidence. State v. Garza, 295 Kan. 326, 33031, 286 P.3d 554 (2012). After Trouten's disappearance, her mother and father each received a handwritten letter from their daughter describing her supposed departure on a trip of a lifetime. Thus we find no abuse of discretion. Failure to Define Common Scheme or Course of Conduct in Instructions, The district judge provided a separate elements instruction for each capital murder count, Counts II and III of the Fourth Amended Complaint. Brother of Judith Ann Robinson; Agnes Jane Robinson; Walter A. Robinson; Nancy W. Robinson; Michael W. Robinson and 3 others. Thus this factor may have weighed slightly in favor of a finding of presumed prejudice. Juror 149 agreed his questionnaire responses suggested he would lean toward death upon conviction, but he explained that he answered the questionnaire without knowledge of the statutory weighing equation or the role of mitigation in the sentencing decision. [Because this is a death penalty case, this court is empowered to notice and discuss unassigned potential errors under K.S.A. Breakiron is legally inapposite. For purposes of clarity, the challenge is divided into two subissues: (1) whether the trial court abused its discretion in denying a continuance to allow counsel additional time to prepare the guilt phase defense; and (2) whether the trial court abused its discretion in denying a continuance to allow counsel additional time to prepare the penalty phase defense. Robinson was involved in the lives of both of Christys children and babysat them on a regular basis while their parents were at work. Nancy Gordon Robinson, 77. 222305(2); K.S.A. at 2769 (Breyer, J., dissenting). In addition, Robinson argues the should in the second paragraph of the instruction misstated Kansas law and improperly slanted the instruction toward the death penalty. Often referred to as "the Internet 's first serial killer," Robinson became infamous after his 2002 conviction connecting him to a series of murders, disappearances, and sex crimes. A review of the transcript confirms that in both instances, defense counsel's questions invited these panelists to compare the various theories or categories of aggravation and mitigation that were likely to be at issue in the case and discuss how such evidence would affect their sentencing decision, i.e., staked out the jury. 1758, 90 L.Ed.2d 137 (1986) (those with deeply held death penalty beliefs may serve as capital jurors if they are willing to temporarily set aside their own beliefs in deference to the rule of law). Finally, the ninth factor weighed against a venue change because Johnson County had one of the largest population bases in the state from which to draw the venire. Ill find her., According to the court records, Lisa Stasi, formerly Lisa Elledge, was 18 years old when she began dating Carl Stasi sometime after June 1983. They opened the top and discovered a body inside. Defense counsel began listing the names Jim Lions, Bob, at which point the State lodged its hearsay objection and the district judge sustained it. Due to the state of decomposition of Lewicka's body, Thompson was unable to compare the print to Lewicka's. Additional Factual and Procedural Background. 135 S.Ct. Stasi never returned for her car. amend VI. Here, Robinson offered the affidavits of Nerad and Lewis in support of their motions for continuance to develop mitigation evidence. Based on the parties' agreement, Judge Anderson ordered the jury sequestered during deliberations only. However, unlike the situation here, in those cases law enforcement from the foreign jurisdiction never received a request for assistance from the host jurisdiction. However, the State put on substantial evidence, independent of this letter, establishing the fact of Stasi's murder and Robinson's connection to it. As such, we must decide whether the failure of the trial judge to define common scheme and course of conduct for the jury rendered the language susceptible to arbitrary and capricious or discriminatory application by the jury. 103,749, 2012 WL 718916 (Kan.App.2012) (unpublished opinion) (assuming text messages may be writings subject to the best evidence rule), rev. 222503); Lord v. City of Leavenworth, No. 222503 expressly provided that [s]earch warrants issued by courts of limited jurisdiction may be executed only within the territorial limits of the county in which the court is located. L.1970, ch. Defense counsel again objected. 14. Nor can Robinson reasonably claim he suffered injury to any substantial right based on the fact that LPD officers, rather than Olathe police, conducted the otherwise lawful trash pulls. We apply a two-part test in analyzing whether a statute is unconstitutionally vague under the Due Process Clause of the Fourteenth Amendment to the United States Constitution: First, the [statute] must give adequate notice to those tasked with following it. The majority's manufactured rationale is flawed. 214624(e) and said: Kansas jurors, presumed to follow their instructions, are made aware that: a determination that mitigators outweigh aggravators is a decision that a life sentence is appropriate; a determination that aggravators outweigh mitigators or a determination that mitigators do not outweigh aggravatorsincluding a finding that aggravators and mitigators are in balanceis a decision that death is the appropriate sentence; and an inability to reach a unanimous decision will result in a sentence of life imprisonment. 548 U.S. at 17980. The fifth Skilling factor, the jury's verdict, was unknown at the time the district judge ruled and carries no weight in the analysis. They had a whirlwind romance, and married only a few months after they met. See United States v. Guzman, 450 F.3d 627, 63132 (6th Cir.2006) (Critical to the ruling in Mach was the expert-like nature of the statements and the fact that the potential juror-expert vouched for the credibility of the prosecution's key witness, factors not present in this case. State v. Wilson, 247 Kan. 87, 98, 795 P.2d 336 (1990). The three murders on which he stands convicted were connected together and constituted parts of a single course of conduct. She confirmed the content of the messages were true and accurate and that she did not alter them in any way. 59 Cal.4th at 82728. Father of Private. 841, 11 L.Ed.2d 921] (1964). Morris, 461 U.S. at 1112. 230 F.3d at 127072. On these grounds, Husted is factually and legally distinguishable. 214704 and K.S.A. Carr disposes of Robinson's challenge because it is founded on Judge Anderson's reference to the same statutory language at issue there. And when the other person behind went to move out, there was stuff all over a mattress that had bleeded [sic ] through and he told me it was a raccoon A raccoon had gotten in there.. Young also testified Sheila Faith had sustained a fracture to her right ulna at a point located close to her wrist. Look at the letter that I put in yesterday; read the note. Jurisdiction to Issue Extraterritorial Search Warrant. Instead, it chose to place the territorial limitation on the execution of search warrants issued by a district magistrate judge only. First, it fails to place the expert witness' testimony in its proper context. His family, including his wife and two daughters, stayed at his side throughout the trial, according to CourtTV, which quoted a family statement as saying, The John Robinson we know has always been a loving and caring husband and father, the type of parent who never missed a sporting event, a school function or an opportunity to be there for his family. On July 18, 2001, attorney Bob L. Thomas entered his appearance as attorney of record for Robinson. denied 302 Kan. (July 21, 2015). Robinson was tried in 2002, subsequent to Kleypas but before our opinion in Marsh and the Supreme Court's later reversal of that opinion. Lewis declared that, based on her preliminary review, there was reason to believe Robinson suffered from a bipolar mood disorder; he was severely physically and emotionally abused throughout childhood; as a result of this maltreatment, he experiences episodic dissociative states; as many as four generations of family members may have suffered similar mental illness; a 1991 MRI revealed brain abnormalities, allegedly a result of transient ischemic attacks; and Robinson cannot appreciate the nature and strength of the evidence against him. As in Carr, Irvin is distinguishable on the facts. The subsection begins with a legislative grant of jurisdiction to law enforcement officers in Johnson County, allowing them to execute warrants countywide. While certain responses may have suggested Juror 115's beliefs on the death penalty rendered him substantially impaired, when viewed in their totality and with appropriate deference to the district judge's ability to view demeanor and nonverbal communication, we hold that Judge Anderson did not err. at 2759 (Breyer, J., dissenting). 452, 457 (6th Cir.2012) (unpublished opinion) (boilerplate language was not fatal to application where it also contained particular facts demonstrating wiretaps were not being used routinely as the initial step in criminal investigation), cert. Beverly Bonner was from Missouri, where she lived with her doctor husband and two sons. L.1979, ch. 153 F.3d at 120809. Robinson did not exercise a peremptory challenge to remove Juror 184, who served as a petit juror in this case. As the majority points out, the crime involved in State v. Zelinka, 130 Or.App. The argument was well within the latitude afforded prosecutors in arguing the evidence. McCullough, 293 Kan. at 996 (party asserting abuse of discretion in ruling on juror impartiality bears the burden of establishing it). 216619(b) compels our review of all issues briefed on appeal, it does not require that we treat the record other than as it is presented to us. See State v. Bornholdt, 261 Kan. 644, 651, 932 P.2d 964 (1997), disapproved on other grounds by State v. Marsh, 278 Kan. 520, 102 P.3d 445 (2004).
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