He argues that the forensic evidence does not support a finding that the deaths occurred in Johnson County. The message refers to Tom as MASTER, just as Tom signed his name in Exhibit 15. His orders appointing counsel specified that Berrigan and O'Brien were to represent defendant at trial and through sentencing. But, the legislative history surrounding this enactment suggests strongly that it was never intended to restrict district judges' authority to issue extraterritorial search warrants. 2114 (2011). Clampitt, another suspected victim, also worked for Robinson and went missing. ", Facebook/Kansas Department of Corrections. 272 Kan. 894, Syl. 216619(c)(1). See United States v. Heffington, 952 F.2d 275, 27980 (9th Cir.1991) (urging caution in the application of an appearance of partiality standard to Fourth Amendment neutral and detached magistrate challenges); State v. McCann, 391 N.J.Super. He was found guilty in 2003 for three murders committed in and around Kansas City, Kansas, receiving the death sentence for two of them. Robinson argues Juror 147 committed misconduct by referring to the Bible at his hotel room after deliberations had concluded for the day, by bringing the Bible into the jury room at the outset of the second day of deliberations, and by making comments to other jurors about his interpretation of what the Bible says about the concept of mercy. State v. McCullough, 293 Kan. 970, 996, 270 P.3d 1142 (2012). 213439(a)(6) applies to a common scheme or course of conduct that straddles in time the date of enactment requires us to interpret the legislative act. In reviewing challenges to jury instructions in the penalty phase of a capital trial, we have employed the following standard of review: In considering a [preserved] claim that a jury instruction in the penalty phase of a capital trial prevented the jury from giving proper consideration to mitigating evidence, our standard of review is whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380, 110 S.Ct. These provisions serve as a general limitation on judges of the district court, requiring that they exercise powers from within the territorial boundaries of their judicial districts. Judge Anderson told the State to [w]ork at it real hard, be creative. Contrary to Robinson's premise that there would have been no death penalty at the time of his trial, his jury would actually have been instructed to impose death if his mitigators did not outweigh aggravators, and the State would have had an easier bar to clear. He could not determine if the blows rendered them immediately unconscious. From this language we can ascertain at least two separate elements that must be met before this iteration of capital murder has been committed. At a family reunion in 1983, Donald and Helen told Robinson they were pursuing a private adoption. 20301a, it adopted amendments to K.S.A. denied 534 U.S. 1047 (2001). The majority describes that second element as a requirement that these killings be part of the same act or transaction or multiple acts or transactions connected together or constituting parts of a common scheme or course of conduct. Slip op. Detective Booth, KCMO Lab, determined the genetic profile from the blood on the paper towel matched Trouten's DNA profile. Timing of Discussion of State's Common Scheme or Course of Conduct Theory. To corroborate this story, Robinson paid Cora Holmes $800 in exchange for her false statement to police. The report appeared to be signed by Dr. William Bonner, but he testified that he had never treated Debbie Faith, had not prepared the report, and had never had an office at the address identified in the document. At trial, the State advanced two arguments in support of this theory. In summer 1999, Trouten told her mother that Robinson had offered her a job caring for his elderly father, Papa John. Trouten said Robinson and his father were selling off several companies and Papa John needed nursing care as they traveled to various locations to close the deals. Detective Layman testified this e-mail from Remington to Robinson, posing as Turner or JT, was seized during the search of Robinson's Olathe storage locker. Judge Anderson acknowledged Juror 39's support of the death penalty in questionnaire responses but explained he would not consider the questionnaire to be a Malaysian tiger trap and that veniremembers were not experts in this arena, and they need[ed] to know a little bit about the situation before their answers can truly reflect what they're capable of doing as jurors. In light of the totality of the responses, Judge Anderson decided Juror 39 satisfied the test as set forth in Kleypas. On the morning of September 20, 2002, after completing 2 full days of small group voir dire, Judge Anderson established new guidelines for handling case-specific questions. He confirmed that the defense team had agreed he would handle the guilt phase, while appointed counsel, Berrigan and O'Brien, would handle the penalty phase. Around 1 a.m. on March 1, Trouten called her mother at work and said she and Robinson were leaving on their trip later that morning. Did admission of Carlos Ibarra's testimony violate K.S.A 60455? 213439(a)(6) for the murders of the principal victims, Trouten in Count II and Lewicka in Count III, as one of multiple acts or transactions constituting parts of a common scheme or course of conduct in which other human beings were killed in a premeditated and intentional manner, to-wit: Beverly J. Bonner, Sheila Faith, Debbie Faith and Lisa Stasi. The jury convicted and sentenced Robinson to death on both counts. Her mother later received letters from her that authorities think were actually written by Robinson. Such a dispute does not establish grounds for error. As such, the prosecutor's comments did not adversely impact defendant's peremptory challenges or his fair trial rights. Robinson also employed fraud and deceit to conceal Trouten's murder as part of his common scheme and course of conduct. In addition to the two capital murder convictions, Robinson was also convicted and sentenced to life in prison with eligibility for parole after 15 years on Count V, the first-degree premeditated murder of Lisa Stasi. In contrast, Robinson set trash out for collection at the farthest edge of his parking pad, located at his property line and exposed to other members of the public. The standard applied in reviewing substantive due process claims is one of reasonableness. In March 2000, Remington told Taylor she had been communicating with Jim Turner, who she initially believed to be a friend of Trouten's employer, Robinson. I didn't want to hurt her. Robinson contends the e-mail messages between Robinson and Lore Remington, State's Exhibits 4, 5, 11, and 12, were not properly authenticated. Based on the hypothetical, Juror 271was asked if he could realistically consider a life sentence. In addition to challenging the rulings on prospective Jurors 115 and 271, Robinson claims the trial court improperly limited inquiry into the weight jurors would assign particular categories of mitigation. More importantly, however, this offense does not imply defendant's propensity to commit capital murder or the other charged offenses and is not barred under K.S.A. John Edward Robinson - Wikipdia, a enciclopdia livre 2518(1)(c) (2012). To make that determination, the appellate court must consider whether the subject instruction was legally and factually appropriate, employing an unlimited review of the entire record. State v. Herbel, 296 Kan. 1101, 1121, 299 P.3d 292 (2013) (quoting State v. Williams, 295 Kan. 506, Syl. Robinson, posing as Turner, told Remington that Tom was interested and gave Remington Tom's e-mail address to pass on to Taylor. In terms of the position that the arms or hand was in at the time the blow was inflicted, that's not something that you would determine from an autopsy. She believed the relationship was different from Robinson's other affairs. First, it fails to place the expert witness' testimony in its proper context. She was wrapped in plastic. 10. In fact, it would render the entirety of K.S.A. A law enforcement officer is any person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality See K.S.A. Robinson argues the trial court erroneously denied his challenge of Juror 324 because she could not set aside her strong opinion of guilt. On June 2, 2000, Lenexa police officials contacted Linn County Sheriff Marvin Stites to discuss plans for executing a search warrant for Robinson's Linn County property. 222603 and 222611 were directly applicable to the evidence developed at trial. The child fell ill and died, and Robinsons mother blamed him for the death. 1017, 47 L.Ed.2d 258 [1976] ). Robinson makes clear his challenge arises under the second part of the framework, arbitrary enforcement. Defendant argues Judge Anderson erred in denying his challenge for cause of Juror 69 because the veniremember was unable to hold the State to its burden of proof. 222401a. During defense counsel's voir dire, Juror 14 was asked if he could realistically consider a life sentence following a capital murder conviction. 222503 by placing territorial limits on search warrants issued by district magistrate judges only. United States v. MesaRincon, 911 F.2d 1433, 1444 (10th Cir.1990) (recognizing other circuits require only a discussion of techniques employed and explanation as to why a range of investigation methods would be ineffective or dangerous), modified on other grounds by United States v. CastilloGarcia, 117 F.3d 1179 (10th Cir.1997). She lost her job as a geriatric therapist in March 2000, and her financial situation was dire. United States v. Sharp, 400 Fed. Juror 184 later confirmed he would consider both sentencing options. See State v. Scott, 265 Kan. 1, Syl. The prosecutor's challenged remarks were proper rebuttal to Robinson's closing argument. During this phase, Robinson's counsel asked panel members whether certain case-specific facts, including violence against women, BDS & M activity, adultery, gruesome photographs, and other case-specific evidence anticipated at trial would render them incapable of serving as impartial jurors. Robinson reserved a room for Trouten at the Guesthouse Suites under his company's name, Specialty Publications. However, the venue instruction was incomplete, inaccurate, and confusing. Donald and Helen named the baby Heather Tiffany Robinson. Manning, 270 Kan. at 691. However, we have made clear that this wide latitude is not limitless, and prosecutors may not comment on facts beyond the evidence. Defense counsel asked Juror 484 whether her work counseling sex abuse victims would prevent her from serving impartially, given the State's allegations of Robinson's violence against women and his participation in BDS & M activity. Defendant argued the district court's refusal to grant a continuance denied him a defense at trial because without the video recording, he was unable to impeach law enforcement testimony regarding the interview. Defendant did not object to the prosecutor's argument as clarified. In Caldwell, the prosecutor told the jury that its sentencing decision was not final because it was subject to appellate review. See State v. Anderson, 291 Kan. 849, 855, 249 P.3d 425 (2011) (applying deference to trial court factual findings in motion to withdraw plea). Applicants warned that further use of interviews and inquisitional subpoenas might alert Robinson to the investigation. For the same reason, it is not apparent the testimony was offered for the purpose of proving the content of the correspondence, invoking the limitations of the best evidence rule. Moreover, the statutory venue rules, particularly K.S.A. L.1970, ch. } else if ( host.indexOf("asia.cnn.com") != -1 ) { During direct examination, defense counsel asked Cunningham whether Robinson would have access to the Internet. This left only 7 prospective jurors on the final panel that defendant had challenged unsuccessfully on grounds of bias arising from exposure to pretrial publicity. Thus the defense believed that inflammatory case-specific facts were inextricably intertwined with the sentencing issue. 213507, and that Glines' testimony regarding his solicitation to commit adultery constituted an attempt to commit that crime. The State concedes the error. Robinson claimed that Stasi and Tiffany left with a young Caucasian male.. at 2755 (Breyer, J., dissenting). First, Deputy Allen Hamm found a paper towel inside the kitchen sink with a reddish-brown stain that presumptively tested positive for blood. Nevertheless, Booth confirmed he found no blood, tissue, or hair on any of these tools. Aggravating circumstances will be those things that tend to favor a death sentence. In reviewing a claim of actual prejudice, we examine whether the judge had a reasonable basis for concluding that the jurors selected could be impartial. Carr, 300 Kan. at 7475. The jury may attribute such weight and effect as it sees fit. In December 1993, Robinson rented unit F10 at StorMor under Bonner's name and maintained possession of the unit until Summer 1996. See State v. Longoria, 301 Kan. 489, 51012, 348 P.3d 1128 (2015) (reasonable person could have agreed with denial of motion to change venue despite fact that 97 percent of respondents recognized the case and some panelists held strong opinions of guilt); McBroom, 299 Kan. at 75052 (no error in denial of venue change where nearly 70 percent of respondents believed defendant probably or definitely guilty); State v.. Specifically, Connally adopted the due process test articulated in Tumey v. Ohio, 273 U.S. 510, 47 S.Ct. 222505, the language from which Lamb inferred the authority of judges to issue extraterritorial warrants. Once again, such an amendment would have been wholly unnecessary had the legislature intended K.S.A. See Kleypas, 272 Kan. at 1084 (citing Chapman, 386 U.S. at 24); see also State v. Douglas, 274 Kan. 96, 108, 49 P.3d 446 (2002) (comment that defendant's story is ridiculous and absurd and ludicrous' did not prejudice defendant where objection sustained and jury instructed to disregard); State v. Hernandez, No. Although Rundle found several small bloodstains in the room, he admitted the search produced nothing of evidentiary value. [Citation omitted. 1983), aff'd 553 Fed. Defense counsel asked what had happened, believing Juror 147 was one of the veniremembers who had been excused for failing to appear on the first day of jury selection. Decide for yourselves. Deference is owed to the district court's exercise of discretion based on its unique position to evaluate demeanor and other factors that are not apparent from the record. This circumstantial evidence lent further support to the State's theory that Robinson had killed Lewicka as she slept or lay in her bed at the Olathe apartment. During small group voir dire, the defense disclosed sensitive case-specific allegations and probed jurors for potential bias, both in general and specific to sentencing, in response to such facts. The barrels were wrapped together with two additional pieces of plastic sheeting held up with pieces of duct tape. 8: The determination of what are mitigating circumstances is for you as jurors to decide under the facts and circumstances of the case. Particularly, Robinson believes he was prejudiced by misstatements of the law concerning mitigating circumstances during voir dire, improper cross-examination of mitigation witnesses, and the prosecutor's closing argument remarks. After the vote, the jurors engaged in a general conversation about their time on the jury. Hamm also collected swabs of a stain on a long piece of trim board in the kitchen area of the trailer. See Garcia, 288 Kan. at 76567 (though district court had not made pronouncement from the bench that the murder was sexually motivated, its journal entry filed the same day had confirmed its intention to do so); Howard, 287 Kan. at 69495 (finding that trial judge could clarify sentence in follow up hearing when original sentence was indistinct). As the prosecutor charged Count II, the State's burden to prove that the defendant killed Bonner, the Faiths, and/or Stasi was no less (or no more) than its burden to prove defendant killed Trouten. However, courts have not found jurors' use of the Bible during deliberations to be immune to curative instruction. The district judge granted the motion and ordered those jurors excused, with the proviso that that does not relieve them from the obligation on the summons Neither Robinson, in his motion, nor Judge Anderson, in his ruling, specifically identified Juror 147 as one of those excused for failure to appear. Also, defendant misconstrues Warledo. Trouten placed personal ads on BDS & M websites seeking a position as a slave. At that point, Trouten and Robinson began communicating by e-mail. Robinson again highlights minor, technical variances, such as the location of caret symbols on one of the e-mails, as evidence of possible alteration but does not specifically controvert Taylor's testimony or the additional circumstances corroborating the authenticity of the messages. Does he deserve the death penalty? This was not a situation where the context of the sentencing hearing made clear that the district judge intended to find the convictions were sexually motivated but failed to designate them as such when pronouncing sentence because of a mere oversight or technical error. She said she could not complete it in time for the September trial setting. 8, which states that [m]itigating circumstances are to be determined by each individual juror when deciding whether the State has proved beyond a reasonable doubt that the death penalty should be imposed.. Because she's dead, because she's dead.. In Irvin, the trial court dismissed 62 percent of the entire venire based on firmly held opinions of guilt. Nothing suggests the admission of this testimony was dependent on the prosecutor's proffer regarding the expert's testimony. The ultimate question is whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380, 110 S.Ct. Instead he shifted the questioning to death penalty topics. He moved a trailer onto the property in July 1998 and installed two phone lines: one for his landline and one for his computer. 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. Consequently, the prosecutor could have avoided the need to use preenactment killings to satisfy the killing of more than one person element of capital murder by simply charging the murders of Trouten and Lewicka in one capital count, i.e., alleging that Robinson killed both Trouten and Lewicka as part of a common scheme or course of conduct. The district judge denied defendant's motion to strike the panel but instructed panel members to disregard the prosecutor's comments. In the motion, defendant had also submitted articles about the case published by the Kansas City Star from June 6, 2000, to July 27, 2001. Chidester was also convinced Trouten would have called her, rather than sending an e-mail, before leaving on such a trip. When Edward Robinson was born on 23 July 1772, in Warren, North Carolina, United States, his father, Burwell Robinson, was 27 and his mother, Ann Clack, was 23. Appointed counsel explained that they had decided not to have Robinson transported to KU Medical Center for an MRI and PET scan because there was simply insufficient time for experts to complete the testing and evaluation needed to render a qualified opinion regarding Robinson's mental functioning. Challenges for cause, therefore, are reviewed on appeal under an abuse of discretion standard of review. Manning, 270 Kan. at 691. At Robinsons direction, Donald sent him a $2,500 cashiers check payable to Robinsons business, Equi II, allegedly to cover adoption-related fees. More specifically, the [statute] must convey sufficient definite warning and fair notice as to the prohibited conduct in light of common understanding and practice. Steffes, 284 Kan. at 389 (citing [City of Wichita v.] Hackett, 275 Kan. [848,] 85354[, 69 P.3d 621 (2003) ] ). See K.S.A. Cox took some of the clothing, which was later identified as Lewicka's. No similar testimony is included in our record. Robinson argues the district judge's denial of his change of venue motions violated his constitutional right to an impartial jury. See State v. Snodgrass, 252 Kan. 253, 264, 843 P.2d 720 (1992) (trial court did not abuse discretion in denying continuance where a prior continuance had been granted on eve of trial); United States v. Sharrak, 527 Fed. denied 437 F.3d 854 (9th Cir.2006). K.S.A. Robinson also claims this court and the legislature have confused matters by using the terms in wide-ranging ways. Robinson had the opportunity to formulate his own questions regarding case-specific facts in the questionnaire. At the September 21, 2001, hearing, Judge Anderson emphasized that if he granted the continuance, the new trial date would be a firm setting and no further continuance would be granted absent extraordinary circumstances. 109,760, 2014 WL 3843088, at *7 (Kan .App.2014) (unpublished opinion) (law enforcement could search trash bags set out at curbside for collection), rev. Atwell informed the court he could not accept appointment without a continuance. The Eighth Circuit Court of Appeals rejected a similar challenge in United States v. DeLuna, 763 F.2d 897 (8th Cir.1985), where jointly charged codefendants argued the issuing magistrate's former prosecution of certain defendants violated the neutral and detached magistrate requirement. However, this testimony was offered in response to a far more specific question that assumed the fact of a capital murder conviction, plus evidence of the multiple murder aggravating circumstance and no suggestion of any mitigating circumstances. To the extent facts or circumstances were common to both cases here, they were not sufficient to cause a reasonable person to question Judge McClain's ability to fairly assess the probable cause issue in the various applications for pen registers, wiretap orders, and search warrants. The State charged Robinson with two counts of capital murder, one count for the intentional, premeditated murder of Suzette Marie Trouten (Count II) and the other for the intentional, premeditated murder of Izabela Lewicka (Count III). ); United States v. UriartePerez, No. We have not previously addressed a neutral and detached magistrate challenge under these particular facts. K.S.A. On April 4, officers found an invoice for a package Robinson sent to Glines in Californiathe woman who mailed letters postmarked from San Jose, California, at Robinson's request. Robinson's counsel acknowledged his client did not deserve mercy, but he asked the jury to grant it for the sake of Robinson's family and in light of the residual doubt surrounding his role in the capital murders. Viewed together, these amendments provide persuasive support for the view that the legislature intended to grant district judges authority to issue search warrants executable statewide. Sufficiency of the Evidence Supporting Counts I and V. When sufficiency of evidence is challenged in a criminal case, our standard of review is whether, after review of all the evidence, examined in the light most favorable to the prosecution, we are convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt. [Citations omitted.]
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