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, the family said in a statement quoted by CourtTV. This element requires that the multiple killings be related to one another in some way, that they occur as a part of the same act or transaction, or in two or more acts connected together or constituting parts of a common scheme or course of conduct. State v. Harris, 284 Kan. 560, 572, 162 P.3d 28 (2007) (quoting K.S.A. 214625(2) (defining purposeful killing of more than one person as statutory aggravating circumstance). On February 1, 1985, Overland Park detectives interviewed Robinson, who told them he was starting a charitable organization to provide young mothers job training, food, and housing. In that event, the defendant will not be sentenced to death but will be sentenced by the court as described in Instruction 9. (Emphasis added. (iii). Defendant did not challenge Juror 87 for cause. He married Sarah Cooper about 1748, in Pennsylvania, British Colonial America. In contrast, Ross makes clear that the plain language of K.S.A. State v. Plaskett, 271 Kan. 995, 1027, 27 P.3d 890 (2001) (no error in denying request for individual voir dire of panel after one panelist said defendant had been accused by more than one person of sexual abuse of a child; comments not based on specialized knowledge of case). [Citation omitted. As the investigation progressed, prosecutors approached Judge McClain for search warrants. Now, you talked a little bit with [defense counsel] about the defendant's access or potential access to the computers should he be incarcerated. 222616 in denying defendants' motions for venue change. 1001(d). Robinson's trash was exposed to fellow residents of the 500unit mobile home community. Chidester was convinced Trouten did not write the e-mail because the word choices, style, and format were inconsistent with Trouten's writing. Even Robinson's conviction for capital murder did not break their marriage. Long, 176 F.3d at 130809 (once defendant put trash on the trailer adjacent to a public thoroughfare for collection, he defeated any reasonable expectation of privacy); Redding, 540 F.Supp.2d at 1187 (defendant did not have reasonable expectation of privacy in trash placed on front curb, outside the front fence, for collection); State v. Kimberlin, 267 Kan. 659, 666, 984 P.2d 141 (1999) (placement of trash out for collection near road, even if located on property, defeated any reasonable expectation of privacy); Alexander, 26 Kan.App.2d at 200 (no expectation of privacy in trash placed in dumpster 11/212 feet from street and clearly accessible to the public); Cianciarulo, 2010 WL 2653423, at *3 (Society does not recognize a reasonable expectation of privacy in trash left for collection in an area accessible to the public. ); United States v. Hamilton, No. 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. 20319. K.S.A. As the moving party, defendant had the burden to establish substantial impairment. As such, we find K.S.A. 1068, 25 L.Ed.2d 368] (1970). Robinson highlights one of Juror 184's responses where he appeared to qualify his ability to be impartial, saying he would possibly be open-minded. We have not previously reviewed the denial of a continuance under the particular facts presented here. Before a conviction may be deemed sexually motivated, the district judge must make such a finding based on the evidence. 223216(1) with Tex.Crim. In total, 95 of the 259 panelists were excused, in whole or part, due to bias related to pretrial publicity and 93 panelists were excused, in whole or part, based on their disqualifying death penalty opinions. The defense retained Delo, a retired prison warden and correctional consultant, to assess Robinson's propensity for violence in prison. Thus, application of the exclusionary rule does not inevitably follow unless the legislature has enacted such a compulsory remedy. b. Mixing Guilt Phase Facts with Penalty Phase Facts. ] and telling him to leave her alone. Prosecutions for prior crimes shall be governed, prosecuted and punished under the laws existing at the time such crimes were committed. K.S.A. However, after defense counsel provided a more detailed explanation of the penalty phase process and the jury's duty to weigh aggravating and mitigating circumstances, Juror 39 confirmed she would consider defendant's mitigating circumstances, including his character and background, in arriving at a sentencing decision. 19. However, Judge Anderson believed the case-specific questioning should be compartmentalized, raising those facts during questions about bias rather than sentencing. To frame the issue properly, it is important to understand the procedural history giving rise to the challenge. Unlike the expert who repeatedly vouched for the credibility of the victim, Juror 173 made only one comment regarding his belief that Robinson was involved in Godfrey's disappearance. His opinion was speculative and not based on any specialized knowledge or expertise. Indeed, in discussing the letter sent to Elledge, the prosecutor improperly referenced a document that was not admitted into evidence. Vrabel, 301 Kan. at 81314. at 2756 (Breyer, J., dissenting). Nor did they limit case-specific questioning in the context of sentencing. Born on December 27, 1943, John Robinson's descent into criminality began at a rather early age, and he was arrested several times throughout his [] Lisa married Carl in August 1984. Here, Juror 147's comments were even more benign because he did not quote a Bible verse but, instead, gave his interpretation of biblical passages. In Caldwell, the prosecutor told the jury that its sentencing decision was not final because it was subject to appellate review. Obermeier endorsed Godfrey as a witness because she had purportedly signed one of the sham affidavits. On June 2, 2000, law enforcement officers secured warrants to search Robinson's Olathe residence and storage locker. 213439(a)(1) through (7). 284 Kan. at 578. 214624(e) unconstitutional on its face. The prosecutor phrased the question as a hypothetical scenario for the purpose of establishing panelists' willingness and ability to set aside media facts and opinions formed as a result of exposure to them. Robinson eventually married Nancy Jo Lynch and the couple had four children. Our review is unlimited in assessing this question of law. Under its plain language, the statute specifically limits application of this provision to situations involving evidence that a person committed a crime or civil wrong on a specified occasion to infer a person has the disposition or propensity to commit[ ] another crime or civil wrong on another specified occasion. (Emphasis added.) See City of Wichita v. Hackett, 275 Kan. 848, 853, 69 P.3d 621 (2003). However, the interruption left jurors only with the knowledge that the prosecutor was offended by some argument the defense had made, a relatively benign statement. 222603, but there are significant differences. These tools were recovered close in time and proximity to the bodies and trace evidence of the victims. 222401a(5). The fourth factor weighed heavily against a change of venue because Judge Anderson took great care in designing and implementing his four-phase jury selection process. After Judge Anderson announced his ruling on the motion, the State mentioned it was developing a strategy for introducing evidence of Robinson's relationship with Beverly Bonner without alerting the jury that defendant met the victim, a prison librarian, while incarcerated. 1444, 20 L.Ed.2d 491 (1968). 135 S.Ct. The system simply does not function without it. She was a prison librarian at the prison where Robinson was an inmate. Did the evidence establish a taking by deception? The body of the message said Trouten and her dogs had left on the adventure of a lifetime. Remington responded a few minutes later, sharing that she had ended the relationship with her former BDS & M master. Remington received a reply from Trouten's Hotmail account, referring Remington to a new master at eruditemaster@email.com. Remington contacted this new master and began communicating with a man she came to know as Jim Turner. Independently, Robinson argues Glines' testimony introduced collateral facts that were irrelevant under K.S.A. During follow-up questioning, the defense again limited its inquiry to death penalty topics and did not explore bias, in general, or related to Juror 173's comments, in particular. Close cases can be imagined under virtually any statute. 460 (2014); Marshall, 294 Kan. at 863 (comments regarding witness' honesty not improper when tied to evidence); Chanthaseng, 293 Kan. at 148 (prosecutor's statements about the witness' credibility proper where based on reasonable inferences from evidence); State v. Duong, 292 Kan. 824, 83032, 257 P.3d 309 (2011) (prosecutor's statements about the victim's credibility proper where based on evidence). [YOUNG]: As I said, it's not something that you would determine from an autopsy.. However, as set forth in defendant's actual prejudice challenge, defendant failed to demonstrate any prejudice from the T-shirt and Olathe Daily News incidents giving rise to these motions. The argument is legally and factually suspect. 223202(1), to argue the phrase common scheme requires the crimes be motivated by a single identifiable goal. See State v. Kleypas, 272 Kan. 894, 108788, 40 P.3d 139 (2001), cert. We have rejected the view that K.S.A. No, I don't know. Consistent with Judge Anderson's position, Haymes testified only to Robinson's admissions regarding his involvement with Lisa Stasi. We also have ruled that the prosecutor made three isolated remarks that exceeded the scope of the evidence. Heather Robinson told 20/20 she was not surprised to learn her uncle was a serial killer. On May 22, 2000, Neufeld asked Robinson to return her sex toys, but he did not comply. Robinson also claims these rulings were invalid under state hearsay rules. However, the prosecutor's question did not assert this as fact. Consequently, considering the nation as a whole, [i]t seems fair to say that it is now unusual to find capital punishment in the United States. 135 S.Ct. Robinson was born on December 27, 1943, and was 58 years old at the time of trial. We further stated that [a] term which is widely used and which is readily comprehensible need not have a defining instruction. 226 Kan. at 95. State v. Armstrong, 299 Kan. 405, 440, 324 P.3d 1052 (2014). In doing so, we emphasize and cannot overstate that this holding in no way excuses Robinson's conduct or makes his murder of Lewicka any less reprehensible. As to Juror 147's decision to bring the Bible into the jury room, the district judge found, based on the jurors' testimony, that they did not read from or use it as a resource during deliberations. 2. 222202(14); K.S.A. A05207, 2006 WL 915765, at *7 (Minn.App.2006) (unpublished opinion) (e-mails authenticated where witness testified she regularly communicated with defendant at address appearing on exhibits). Robinson cites Hance v. Zant, 696 F.2d 940 (11th Cir.1983), overruled in part on other grounds by Brooks v. Kemp, 762 F.2d 1383 (11th Cir.1985), in support of his claim of error. At trial, the State presented evidence and made argument in support of two possible takings: (1) Robinson lured Trouten from Michigan to Kansas with false representations of employment and travel; and (2) Robinson took Trouten to his rural Linn County property with representations of fulfilling her sexual fantasy. Law enforcement officers found a printed copy of this e-mail chain in Robinson's possession during the search of his Olathe storage locker several weeks later. See State v. Warbritton, 215 Kan. 534, Syl. Lewicka's friend Carter, who had cataloged Lewicka's artwork and was familiar with her paintings and drawings, recognized the framed painting as Lewicka's artwork. Robinson argues the trial court erred in denying his requests for a second continuance in the face of evidence establishing: (1) the division-of-labor agreement, whereby retained counsel, Thomas, was to prepare the guilt phase defense and appointed counsel, Berrigan and O'Brien, the penalty phase defense; (2) the unexpected discharge or withdrawal of Thomas; and (3) the impact of Thomas' withdrawal on trial preparations. 222616(1) compels a venue change where the district judge is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county. The burden falls on defendant to show prejudice in the community, not as a matter of speculation but as a demonstrable reality. The State failed to prove that the murders of Lisa Stasi, Sheila and Debbie Faith, and Beverly Bonner occurred after July 1, 1994, and, therefore, Robinson argues, his capital murder convictions must be vacated. For example, the statute authorizing installation or use of pen registers or trap and trace devices expressly limits a judge's ability to issue extraterritorial orders authorizing the use of such monitoring devices. Such a dispute does not establish grounds for error. ', She said she considered the offer, but if she had taken him up on it, she added Id be dead. However, the legislature has placed territorial limits on the execution of search warrants issued by a district magistrate judge. 2788 (2012). The test is whether the totality of the circumstances substantially prejudiced the defendant and denied him or her a fair trial. 230 Kan. at 52324. See, e.g., Goodwin, 223 Kan. at 25859 (defendant's best evidence challenge flawed where he never suggested contents of secondary evidence were less than the truth; absent proof of discrepancy, secondary evidence admissible). Law enforcement compared Heathers footprints to the known prints of Tiffany and found the prints matched, i.e., Heather Tiffany Robinson was Tiffany, Stasis biological daughter, the court records say. Thomas had represented Marvin Ray in another matter before entering his appearance as Robinson's counsel in the summer of 2001. Robinson argues Juror 39 should have been excused because she never said she could entirely ignore her previous knowledge of the case or presume defendant innocent. And who did you notify about that? Delo also confirmed that as an inmate ages, he may rely more on manipulation or deception in order to survive and thrive within the prison system. 2896, 177 L.Ed.2d 619 (2010) (same). Did jurors ignore admonitions, demonstrating actual prejudice? The record demonstrates otherwise. Can district judges issue extraterritorial search warrants? 5. See State v. Cosby, 293 Kan. 121, 137, 262 P.3d 285 (2011) (prosecutor's rhetorical question whether jury had heard any evidence to contradict the State's position constituted only a general question about the absence of evidence to rebut the State's witnesses, especially given district judge's instruction on burden of proof); McKinney, 272 Kan. at 347 (prosecutors may make inferences from the balance or lack of evidence presented at trial; comment suggesting that defendant failed to prove State's witness was lying was proper argument on lack of evidence where jury instructed properly on burden of proof). denied 290 Kan. 1102 (2010). As such, we hold that the remark did not prejudice Robinson's right to a fair trial. Sheila and Debbie lived on Social Security and struggled financially. 222503 and 222505. 60460(a). Because the imposition and implementation of the death penalty seems capricious, random, [and] arbitrary, its imposition on a defendant would seem to be the equivalent of being struck by lightning. 135 S.Ct. Robinson asked Neufeld to leave her sex toys with him, explaining it would give her extra incentive to return. A trial court abuses its discretion where: (1) no reasonable person would take the view adopted by the judge; (2) a ruling is based on an error of law; or (3) substantial competent evidence does not support a finding of fact on which the exercise of discretion is based. State v. Bowen, 299 Kan. 339, 348, 323 P.3d 853 (2014). The same standard applies whether the challenge was directed at death-leaning or life-leaning jurors. However, in Hall, defendant's prior acts clearly constituted a criminal offense; namely, conspiracy to commit murder. Appointed counsel also had the benefit of the preparation Thomas and the DPDU had done over the course of nearly 2 years. The distinction is one without a legal difference. He made clear that defense counsel could continue to disclose potentially inflammatory case-specific facts, including information regarding the victims, to determine whether they rendered potential jurors biased. Investigators saw a reddish-brown stain on the roll of duct tape, and Booth's subsequent testing confirmed the genetic profile produced a match to Lewicka's DNA. Yet defendant's challenge is based on a violation of state statute, not the Fourth Amendment to the United States Constitution or 15 of the Kansas Constitution Bill of Rights. ); United States v. UriartePerez, No. Rather, the issue is whether the phrases common scheme and course of conduct are easily understood by lay jurors. After the ruling, the defense continued its voir dire of the panel. The only requirement Harris recognizes is that the murders be related to one another in some way. The common motive and short time between criminal acts merely happened to be the factors showing the relatedness of the murders in Harris. 20301a. 6, 865 P.2d 207 (1993) (evidence of collateral facts must be confined to the issues, but need not bear directly on them). Did Johnson County searches violate K.S.A. Bruce, 295 Kan. at 103839. After Sheila and Debbie left, Sheila's sisters received letters purportedly written by Sheila.
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