We find the remarks were not gross or flagrant or the product of ill will. Appx. at 2756 (Breyer, J., dissenting). 769 (10th Cir.) The State acknowledged the effect of this holding in its reply brief and admitted that consideration of the issue appears no longer necessary.. 222401a, and Judge Anderson erred in refusing to suppress evidence derived from such activity. In addition, Juror 147's comments were very brief in nature, did not lead to ongoing discussions among jurors, and were made only after the jury had taken a vote in which all were in unanimous agreement as to Robinson's sentence. I bet you the Lewickas wouldn't agree with that or the Faiths, or the Stasis, I bet they wouldn't agree with that.. granted in part 135 S.Ct. 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. 596, 187 L.Ed.2d 519 (2013). See State v. Betancourt, 299 Kan. 131, 146, 322 P.3d 353 (2014) (no error in denying mistrial where panelist's comment regarding defendant's gang affiliation was isolated and defense failed to explore potential bias with panelists or request safeguards to inoculate against it); State v. McCorgary, 224 Kan. 677, 687, 585 P.2d 1024 (1978) (no abuse of discretion in denial of motion for mistrial after a prospective juror expressed a strong feeling in front of other prospective jurors that what she had read in the paper about these murders was true; prospective juror excused, trial court admonished remaining prospective jurors, and defendant failed to make an affirmative showing of substantial prejudice), disapproved on other grounds by State v. Reid, 286 Kan. 494, 186 P.3d 713 (2008); cf. Robinson contends the prosecutor committed misconduct by defining mitigating circumstances improperly, confusing guilt and penalty phase facts, commenting on defendant's future dangerousness, implying jurors could consider nonstatutory aggravating circumstances, and misstating the proper role of jurors. It was not until Mattingly's direct examination at trial that she clarified that she had first observed Robinson cleaning unit F10 and then, at a later point in time, received the complaint from the third-party lessee. For example, Robinson cites State v. Harris, 284 Kan. 560, 162 P.3d 28 (2007), where we discussed the common scheme or course of conduct requirement in analyzing the unit of prosecution for multiplicity purposes under K.S.A. Nevertheless, it did not prejudice Robinson's right to a fair trial. This construction provides meaning to K.S.A. 8 because language used in those instructions referring to mitigating circumstances believed to exist implied that mitigating circumstances must be unanimously found by the jury. The few courts that have addressed similar challenges have rejected the notion that due process compels the court to permit voir dire on the subject. And here, the prosecutor incorporated most of the statutory words into the complaint, albeit not in the same order as set forth in the statute. 213102(4), which addressed the scope and application of the Kansas Criminal Code that was effective July 1, 1970. Some researchers have opined that the disparity is at least partially explained by a greater likelihood of an initial wrongful conviction in a death penalty case, precipitated in part because capital crimes are typically horrendous murders that generate an intense community pressure on police, prosecutors, and jurors to secure a conviction. 135 S.Ct. Robinson suggests the prosecutor committed misconduct before another small group panel, composed of Jurors 82, 85, 87, 90, 92, and 95, when he asked Juror 82, And if I gave you a scenario of a hundred homicides, we'd be able to find differences in the facts and circumstances of all of them, right? Robinson's counsel objected, claiming the prosecutor was attempting to inject guilt phase facts into a discussion of mitigating and aggravating circumstances. 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. Once again, Robinson argues the evidence at trial established only that he took Trouten with the specific intent of engaging in a consensual BDS & M relationship with her. Wesley Medical Center v. McCain, 226 Kan. 263, 266, 597 P.2d 1088 (1979). But common sense would dictate that, where a person sentenced to death is two or three times more likely to find his [or her] sentence overturned or commuted than to be executed, and has a good chance of dying from natural causes before any execution (or exoneration) can take place, the deterrent effect of a death penalty statute would be de minimis. and V.N. In February 1998, Robinson contacted Jennifer Boniedot, a property manager for the Deerfield Apartment Complex in Olathe. In January 1994, Bonner's brother, Larry Heath, received a handwritten letter purportedly from Bonner that said she was starting a new career with an international corporation in Chicago and that she would be traveling extensively, both domestically and abroad. Q. In December 1993, Robinson, posing as Jim or James Turner, applied for a mailbox under Bonner's name at The Mail Room in Olathe. State v. Gregory, 158 Wash.2d 759, 813 n.26, 147 P.3d 1201 (2006) (Defendant's reliance on Zant misplaced because it was decided before the Witt Court clarified that jurors may be excused even if they are not unmistakably clear.), overruled on other grounds by State v. W.R ., 181 Wash.2d 757, 336 P.3d 1134 (2014); State v. Yates, 161 Wash.2d 714, 742 n.9, 168 P.3d 359 (2007) (same). 213439(a)(1) through (7). 284 Kan. at 578. The message said she and another person had spent the last 2 weeks traveling the countryside in China. Lenexa police created a multijurisdictional task force that quickly focused its investigation on Robinson's activities. But prosecutor Paul Morrison, on redirect, asked Nancy Robinson why she had failed to mention that fact in the two previous times she had spoken to authorities and during her testimony at the 2001 preliminary hearing. In elaborating further on the second part of the framework, we explained: [I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. Robinson's reliance on Hall, like his reliance on Warledo, is misplaced. "John would usually have dinner ready. v. Western Pennsylvania Hosp., 423 F.3d 318, 328 (3d Cir.2005) (burden slight); Manuel v. State, 357 S.W.3d 66, 74 (Tex.App.2011) (not a particularly high hurdle). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. He didn't cry when there was testimony about Suzette Troutenwhen her family testifiedwhen her body was taken out of that barrel or Beverly Bonner or Sheila Faith or Debbie Faith. The pattern of stains ran from floor to ceiling and approximately 4 to 5 feet in width, from the middle of the south wall all the way to the east wall, with the highest concentration at waist to chest level. Justice and closure for me is finding her remains and giving her a proper burial, Heather Robinson said to 20/20. They also demonstrate that Mattingly's testimony was not prejudicial and, in fact, worked to Robinson's benefit. Instead, the comments challenged the credibility and reliability of her opinion regarding Robinson's character as a good family man. He didn't seem to care for the fact that I had other interests besides him. 1. In 1964 he moved to Kansas City and married Nancy Jo Lynch, who bore their first child, John Jr., in 1965, and . Was that something had leaked through from one of the other units and ruined a mattress. b. John Robinson Obituary (2015) - Daphne, AL - AL.com 1597, 131 L.Ed.2d 588 (1995). In that vein, the majority's assertion that the last act or event necessary to trigger application of K.S.A. We settled this issue in State v. Scott, 286 Kan. 54, 6568, 183 P.3d 801 (2008), holding that two convictions arising out of a double homicide, one for capital murder based on the intentional and premeditated killing of more than one person and the other for premeditated first-degree murder, were improperly multiplicitous because, under K.S.A. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime.). 5. The problem with Robinson's challenge is he failed to make an adequate proffer as to what mitigation evidence would have been developed had Judge Anderson granted a second continuance. 20301a required Judge McClain to issue the search warrant from a location within Johnson County. The first occurred during defense counsel's questioning of prospective Juror 205, and the second occurred during defense counsel's questioning of Juror 246. Stettler did not maintain a current version of the software necessary to view the material electronically however, and it took him a month to find an independent lab to print the material for him. Instead, we find the facts more comparable to those cases where we have affirmed a district court's denial of a challenge for cause based on a party's successful rehabilitation of a prospective juror. A former correspondent for Newsweek and People Weekly, Sue Miller Wiltz is currently writing a book about Robinson for Pinnacle Books. 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. The question was particularly appropriate, given that the entire purpose of small group voir dire during the second phase of jury selection was to explore potential bias created by exposure to pretrial publicity and panelists' death penalty views. However, when read in context, it was apparent that the jurors were nervous and, in some instances, defensive. Shadden, 290 Kan. at 817 (citing State v. Reid, 286 Kan. 494, 50709, 186 P.3d 713 [2008] ). To corroborate this story, Robinson paid Cora Holmes $800 in exchange for her false statement to police. Likewise, by excluding printouts of electronically stored information or duplicates where the content is inaccurate, the federal rules further the underlying purpose of the best evidence rulethe prevention of fraud. See State v. Phillips, 295 Kan. 929, 94546, 287 P.3d 245 (2012) (Misstatement of law on completion of robbery was not reversible misconduct where jurors properly instructed, and remarks were isolated and devoid of ill will.). At the start of closing argument, prosecutor Morrison characterized Robinson's acts as sinister and provided examples of his conduct warranting the title. In the end, we conclude that a reasonable jurist could agree with Judge Anderson's ruling in light of the isolated nature of Juror 173's comments; the defense's failure to pursue curative measures, including general or specific inquiry of the panelists to assess the impact of the comments on their impartiality; and defendant's failure to make an affirmative showing that Juror 184 was affected by the comments, especially considering his consistent declarations of impartiality. Quite simply, then, K.S.A. Robinson called Donald and Helen and told them a baby was available immediately. Her husband was a prison physician who treated Robinson. After Robinson's trial, in Marsh, 548 U.S. at 17073, the United States Supreme Court found the statutory weighing equation had been constitutional as enacted, i.e., a sentence of death could be imposed so long as aggravators were not outweighed by mitigators. STATE of Kansas, Appellee/Cross-appellant, v. John E. ROBINSON, Sr., Appellant/Cross-appellee. As such, we find K.S.A. United States v. Harris, 6 Fed. The argument flies in the face of the plain language of K.S.A. 222516(3). See Moore v. Associated Material & Supply Co., 263 Kan. 226, 244, 948 P.2d 652 (1997) (trial court granted broad discretion regarding admission of expert testimony); see also Caldwell v. State, 245 Ga.App. Was the complaint jurisdictionally defective? In fact, the rulings are all the more defensible here because, unlike Carr, Robinson's venue expert, Dillehay, opined that enhanced voir dire could effectively inoculate the effects of extensive pretrial publicity. In particular, Robinson believes these e-mails were unreliable because most exhibits had been forwarded to law enforcement and printed, rather than printed from the original recipient's computer. Before her proffer, Remington testified that she began communicating with Robinson, posing as Turner, at the eruditemaster address around the third week of March 2000 and continued to do so until Robinson's arrest in June. The sentencing judge thus lacked jurisdiction to make such a designation sua sponte in the journal entry. At approximately 2 p.m., Stasi called the front desk at the Roadway Inn and gave the hotel receptionist Klingensmith's phone number in case Osborne called. 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. See Oliver v. Quarterman, 541 F.3d 329, 34344 (5th Cir.2008) (circumstances, including conflicting evidence as to whether jurors' consultation of Bible occurred before or after jury reached decision, evidence that Bible was not the focus of discussions, and court's instruction to base sentence on facts and law rebutted claim of prejudice, notwithstanding fact that biblical passage in question was particularly relevant to sentencing facts); McNair v. Campbell, 416 F.3d 1291, 130809 (11th Cir.2005) (State overcame presumption of prejudice where Bible verses that jury foreman read to members of the jury were innocuous, the extraneous information came from a juror and not the judge, and the strength of the government's evidence was overwhelming); People v. Danks, 32 Cal.4th 269, 30809, 8 Cal.Rptr.3d 767, 82 P.3d 1249 (2004) (juror's misconduct in sharing Bible passages with fellow jurors did not establish a substantial likelihood of actual bias, given that conduct was isolated, that there was no evidence of ongoing discussion about the verses shared with other jurors, and that other comments regarding jurors' Christian beliefs did not constitute misconduct). Robinson's common scheme and course of conduct also included the financial exploitation of Beverly Bonner and, later, the use of deceit to conceal her murder. As such, Judge Anderson properly found Brown's testimony regarding Carolyn Trouten's declarations were admissible under K.S.A. Robinson next argues that K.S.A. Prosecutor Morrison's isolated, stray remark was not gross and flagrant. In January 1999, just before the Deerfield Apartment lease expired, Robinson contacted Julie Brown, a manager for A.J. We have not previously reviewed the denial of a continuance under the particular facts presented here. Instruction No. John Edward Robinson, born in Cicero Illinois in 1943, is a convicted serial killer, con man, embezzler, kidnapper, and forger who lived in Kansas City. See K.S.A. Contrary to Robinson's assertion, the prosecutor's definition did not exclude circumstances outside the facts of the crime itself. On April 27, 2000, Robinson, posing as Jim Turner, discussed Trouten's disappearance in an e-mail to Remington, claiming that Trouten had stolen his credit cards and that he had hired a private investigator to look into it. Ungar v. Sarafite, 376 U.S. 575, 589[, 84 S.Ct. Lenexa Police Detective Michael Bussell drove by Robinson's residence 50 to 60 times from March to June 2000, exploring the location, developing strategies for collecting Robinson's trash, and coordinating trash pulls on collection days. When viewed in their entirety, Juror 14's responses indicated a willingness to keep an open mind and consider factors relevant to assessing the credibility of both law enforcement and lay witness testimony. denied 135 S.Ct. On March 25, 2000, the Overland Park Police Department took a missing person's report regarding Trouten and transferred it to the Lenexa Police Department, which had jurisdiction. See Hill, 290 Kan. at 366 (note properly authenticated where it included distinctive language and content common to defendant); see also Safavian, 435 F.Supp.2d at 40 (e-mails authenticated where they included distinctive characteristics and addressed topics pertinent to parties' communications). Through this questioning, the State established that Cunningham earned $11,000 for his services. Defense counsel began listing the names Jim Lions, Bob, at which point the State lodged its hearsay objection and the district judge sustained it. See K.S.A. When she cleaned the room, Clark noticed the linens and towels were stained with blood. The payments are so far behind. A crime is committed prior to the effective date of the code if any of the essential elements of the crime as then defined occurred before that date. Larry Heath continued to receive similar typewritten letters every 3 to 4 months. 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. This court reviews de novo whether a complaint is sufficient to give the district court jurisdiction over a charge. State v. Hurd, 298 Kan. 555, 565, 316 P.3d 696 (2013). Donald and Helen flew to Kansas City on January 10. 222401a. That's the question.. On May 19, the prosecution submitted a wiretap application to Judge McClain. However, other state appellate courts have held that these or similar terms in their capital murder statutes are commonly understood and require no further elaboration. Robinson next challenges the district judge's ruling on Juror 202 because he held a mild preference for the death penalty in the event of conviction. Also, defendant misconstrues Warledo. Slip op. The inquiry, in other words, is not whether, in a trial that occurred without the error, a [verdict for death] would surely have been rendered, but whether the [death verdict] actually rendered in this trial was surely unattributable to the error. 508 U.S. at 279. Kleypas, 272 Kan. at 108788. 2516, 165 L.Ed. Some might be smarter than others. To assist jurors on the venue issue, the district judge gave the following instruction: If you find that the defendant committed criminal acts in one county which were a substantial and integral part of an overall continuing crime plan, and which were in partial execution of that plan, the prosecution may be in any county in which any of such acts occur., Robinson neither objected to the venue instruction nor offered an alternative. Robinson objected to the admission of this e-mail because Taylor had forwarded the e-mail to law enforcement officers, who then printed it from their computer system. Booth compared them to known samples from Trouten and Robinson and opined that they were common to Trouten and not Robinson. denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. In 1970, the legislature repealed K.S.A. And to have any credibility in the second part of the trial, we're going to introduce this kind of testimony. Lewicka stood out to the owner, Robert Meyers, because of her European accent and interest in books about witch trials, horror, vampires, and medicinal plants. 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. Robinson was further ordered to pay restitution in the amount of $9,122.24. See Goss v. Nelson, 439 F.3d 621, 627 (10th Cir.2006) (jurors qualified where they can set aside personal opinions and decide on evidence). Robinson argues the phrase to the extent necessary to execute such warrants requires the State to prove Olathe police had a genuine need for LPD's and OPPD's involvement in the execution of these warrants. John Waller Robinson (1796 - 1852) - Genealogy I don't think I have anythingany preconceived conclusion of what the penalty should be or what the verdict should be or anything like that. Cf. We find no error in Judge Anderson's denial of defendant's motion to suppress on these grounds. KS Supreme Court Opinions and Cases | FindLaw John Edward Robinson was born on December 27,1943. On several occasions, Sheila talked to Guerrero about her interest in BDS & M but did not share details because Guerrero was uncomfortable with the subject. During defense counsel's closing argument, he suggested that there was residual doubt as to whether Robinson acted alone. Carolyn Trouten confirmed that many of these items belonged to Suzette Trouten. At this juncture, the defense renewed its objection, arguing the testimony was inconsistent with the proffer because Mattingly testified that she observed Robinson cleaning unit F10 before the complaint, not after, as suggested in the proffer, and the liquid was a cleaning solution, not a bloody substance, as stated in the proffer. In the mid1990s, Trouten met Lore Remington, a Canadian resident who shared Trouten's interest in BDS & M role playing games. That's not the reason that we're using the numbers, okay? The second comment concerns the following statement that Robinson attributes to Morrison: If a person is found guilty, he receives the death penalty, sentence has been carried out with the death penalty on appeal to provide a safety net so we don't have wrongful kinds of things. The defense lodged no objections. Nevertheless, Booth confirmed he found no blood, tissue, or hair on any of these tools. at 2757 (Breyer, J., dissenting). Factual and Procedural BackgroundPenalty Phase. at 2759 (Breyer, J., dissenting). In Spain, we recognized that under K.S.A. However, Judge McClain made this comment while disclosing his previous investigation and prosecution of Robinson in a financial crimes case. 1. See Longoria, 301 Kan. at 512; Carr, 300 Kan. at 84. granted, judgment vacated on other grounds 544 U.S. 901 (2005); Sendejo v. State, 676 S.W.2d 454, 456 (Tex.App.1984) (no need to define pursuant to one scheme or continuing course of conduct as the phrase includes terms of common understanding); State v. Yates, 161 Wash.2d 714, 749, 168 P.3d 359 (2007) ( common scheme or plan under Washington capital murder statute are words of common understanding requiring no definition); State v. Cross, 156 Wash.2d 580, 617, 132 P.3d 80 (2006) (same). 20319. K.S.A. 2633, 86 L.Ed.2d 231 (1985), and Romano v. Oklahoma, 512 U.S. 1, 9, 114 S.Ct. On September 5, 2002, defense counsel informed the district judge that DNA samples had been sent to a lab for independent testing. Brother of Judith Ann Robinson; Agnes Jane Robinson; Walter A. Robinson; Nancy W. Robinson; Michael W. Robinson and 3 others. 381, 387, 418 N.W.2d 472 (1988) (premeditation can be founded on circumstantial evidence of organized planning and conduct prior to or after killing); see also State v. Kettler, 299 Kan. 448, 467, 325 P.3d 1075 (2014) (defendant's conduct before and after crime is relevant factor in deciding whether evidence gives rise to inference of premeditation). . 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. 2516, 165 L.Ed.2d 429 (2006), the United States Supreme Court reviewed K .S.A. On October 4, the prosecution subpoenaed documents from Ray, and in response, correctional officials searched Ray's cell and found documents responsive to the subpoena. 2222, 119 L.Ed.2d 492 (1992), where the Supreme Court recognized a capital defendant's constitutional right to a life-qualified jury and the concomitant right to remove for cause on the ground of bias any prospective juror who will automatically vote for the death penalty irrespective of the facts or the trial court's instructions of law. 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. And in that phase, evidence is heard called evidence of aggravating circumstances and evidence of mitigating circumstances. The barrels were transported to the Shawnee County morgue, where Shawnee County Deputy Coroner Donald Pojman conducted autopsies on June 4. O'Brien asked. 60445 and 60455. 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. See K.S.A. We embraced a similar rationale in Kleypas, 272 Kan. at 96870, where the defendant requested vacation of his death sentence or recall of the jury based on evidence that a juror had quoted the Bible to other jurors during deliberations. Again, that's just based on what I've read and what I've heard on the news. Even so, Juror 39 confirmed her ability to set these facts and opinions aside and committed to holding the State to its burden of proof at trial. By emphasizing the significance of six murders, Juror 69's responses revealed the weight he would assign the multiple murder aggravator, requiring the defense to produce substantial evidence of mitigation to warrant a life sentence. When improper or prejudicial remarks are made by one venireperson and heard by other venirepersons during the jury selection process, we have held that the test of juror impartiality is whether the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court. United States v. Lacey, 86 F.3d 956, 969 (10th Cir.1996) (quoting United States v. Wacker, 72 F.3d 1453, 1467 [10th Cir.1995] ). Davis never met Bonner and only saw Robinson access the mailbox. The Internet's First True Serial Killer | by Sal - Medium Robinson advances four challenges to the penalty phase instructions given to the jury. Thomas' Withdrawal and Second Motion for Continuance. They also survive scrutiny under the minority view that disclosure of and limited questioning on highly inflammatory case-specific facts may be necessary to identify mitigation-impaired jurors. Edward Robinson Obituary (1944 - 2022) - Legacy Remembers ] 295 Kan. at 864. 213439(a)(6). 278 Kan. at 92. Connally v. Georgia, 429 U.S. 245, 25051, 97 S.Ct. Brown explained that Robinson used his cell phone extensively and it was instrumental in his efforts to solicit and maintain relationships with these womena conclusion supported by findings from LPD officers' extensive surveillance, use of inquisitional subpoenas, and analysis of pen register data. In December 1993, Robinson had rented unit F10 at StorMor For Less in Raymore. We disagree. Fourth Amendment Challenge to LPD Officers' Trash Pulls. John Robinson, Trevor Robinson, Joann Robinson. SSA began mailing benefit checks to this new address the following month. See United States v. Long, 176 F.3d 1304, 1308 (10th Cir.1999) (trash bags placed on top of trailer parked inside property line, approximately 3 feet from alley and 7 feet from attached garage, but not shielded from public view, beyond curtilage); United States v. Redding, 540 F.Supp.2d 1184, 1187 (D.Kan.2008) (trash bags located at curbside of defendant's front yard outside front fence beyond curtilage); State v. Alexander, 26 Kan.App.2d 192, 19697, 981 P.2d 761 (trash inside dumpster at end of driveway near property line, with no fence or barrier around home, beyond curtilage), rev.
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