Brown later inspected the unit and found it to be mostly unkempt but noticed the two bedrooms had been cleaned meticulously. As such, applying the statute prospectively, the State's evidence was sufficient to support his capital murder convictions under Counts II and III. Robinson also employed fraud and deceit to conceal Trouten's murder as part of his common scheme and course of conduct. Jurors could reasonably infer from this evidence that Robinson intended to do the same with Trouten. Beverly Bonner lived in Cameron, Missouri, with her husband, Dr. William Bonner, and their two sons. Danciak reviewed and executed a written request for assistance document drafted by Lenexa police. On June 7, 2000, forensic odontologist Ronald Grier confirmed the victim was Bonner. She also informed jurors that she and other family members would continue to maintain relationships with Robinson and be spared grief if he were sentenced to life imprisonment. "I guess, but I don't remember," replied the flustered witness. Hamm found reddish-brown stains on wallboard in the kitchen that presumptively tested positive for blood. The defense chose not to explore Juror 184's impartiality after Juror 173's comments. Before cross-examination, the defense informed Judge Anderson that counsel intended to elicit this testimony from the witness. State v. Bruce, 295 Kan. 1036, 1040, 287 P.3d 919 (2012). 213439(a)(6). Robinson points to nothing in the record evidencing such confusion among Robinson's jurors. See State v. Warbritton, 215 Kan. 534, Syl. Given the number of e-mails in question, the various senders and recipients involved, and the different forms in which they were admitted, we divide them into the following four categories for purposes of our analysis: (1) e-mails sent to or from Lore Remington; (2) e-mails sent to or from Tammi Taylor; (3) e-mail to Marshalla Chidester; and (4) e-mails seized pursuant to search warrant. Judge Anderson said Juror 173's comments came close but did not actually taint the entire panel. 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. Robinson entered a plea agreement in the Kuti case, and the trial judge joined the Back Care and Kuti cases for purposes of sentencing. Again, Young testified that the state of decomposition was consistent with the death having occurred 5 to 6 years prior but admitted no precise date could be determined. 2004, 129 L.Ed.2d 1 (1994). Robinson picked them up at the airport in the late afternoon and drove them to the offices of Equi II in Overland Park, where they signed legal paperwork, including a Petition for Adoption. However, we have made clear that this wide latitude is not limitless, and prosecutors may not comment on facts beyond the evidence. Fifteen years after their disappearance, serial killer John Robinson was charged with murdering ten women including Stasi. The court may conduct an additional examination. The defendant's voir dire has been effective in determining those jurors who cannot do this process of giving meaningful consideration to mitigating circumstances, and I do not believe this is contrary to the Constitution or to the case law counsel is citing. Just after Robinson's conviction, Obermeier prosecuted a second case against him, the Kuti case, which arose from a phony land deal Robinson concocted to defraud investors. at 2755 (Breyer, J., dissenting). These circumstances demonstrate the prosecutor did not intentionally or maliciously misrepresent Mattingly's testimony in her proffer. Based largely on the prospective juror's demeanor, Judge Anderson construed this response to mean that he could not do so on the spot, not that he believed mitigation could never result in a life sentence. If anything, the State's forensic evidence presented a more convincing case that Robinson killed Trouten inside his Linn County trailer because of the trace evidence identified at this location, including blood samples and a hair root matching Trouten's DNA. California Dept. In the interests of justice, we consider presumed prejudice as a potential unassigned error on appeal. 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. See State v. Franklin, 280 Kan. 337, 342, 121 P.3d 447 (2005) (text messages authenticated where content consistent with defendant's activities and statements); see also United States v. Siddiqui, 235 F.3d 1318, 132122 (11th Cir.2000) (e-mails properly authenticated where witness testified that subject matter of e-mail conversations carried over into telephone conversations). Robinson was involved in the lives of both of Christys children and babysat them on a regular basis while their parents were at work. While we find no error, it is also worth noting that defense counsel admitted during trial that evidence of Robinson's prior convictions would have no adverse influence on the jurors' verdict on guilt, which demonstrates the harmlessness of the asserted error. Inside the barrel, Pojman saw three pieces of gray or silver duct tape. In the mid1990s, Robinson acquired roughly 17 acres of property at a secluded Linn County location. The LPD was in charge of the investigation and secured a warrant from a Johnson County district judge to search Robinson's property in Linn County. A GRAPHIC Look Inside John Edward Robinson's Farm. The record confirms Jurors 271 and 185 were not similarly situated because the former testified he could consider both sentencing options and the latter testified she could not. He cried for himself. In this context, the best they can come up with remark was not an attempt to shift the burden of proof. 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. 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. Sodders is inapposite. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In Zant, the Eleventh Circuit held that the trial court erred in excluding prospective jurors where their death penalty views did not prevent them from imposing a death sentence under all conceivable circumstances. Such a question would be akin to staking out the potential juror's responses, and that is not permitted.); Schmitt v. Commonwealth, 262 Va. 127, 141, 547 S.E.2d 186 (2001) (no abuse of discretion where trial court prevented defense from asking prospective jurors to speculate as to whether they would automatically impose a death sentence for certain types of killings or under certain hypothetical circumstances). 20301a. This challenge goes to the heart of the question of actual Sixth Amendment prejudice. The phrase to the extent required to execute such warrants modifies and limits the type of police powers officers may exercise when executing warrants outside their municipal boundaries, i.e., those powers incidental to the execution of the warrants. However, the defense received unredacted versions of these e-mails during discovery and nothing prevented counsel from using them on cross-examination. However, he explained the methodology is still useful in excluding individuals or including them among a group of people that share similar hair characteristics. Given that we're talking about a rural location and a dwelling that was in the process of being refurbished over a period of time, based upon the testimony I've heard thus far, and it becomes a question of weight.. 214627(b) and K.S.A.2014 Supp. The defense devoted a substantial portion of its penalty phase case putting on evidence suggesting Robinson posed a low risk of violence in prison. Considering the totality of the circumstances, we hold that the comment was harmless beyond a reasonable doubt. With the agreement of the parties, the trial court conducted jury selection in four phases. 706, 70910 (10th Cir.2009) (unpublished opinion) (necessity requirement met where boilerplate statement regarding effectiveness of search warrants supported by facts in affidavit). Similarly, defendant argues that Juror 184, who served on the jury, heard a fellow panelist describe Robinson as a predator. Again, this comment was made by a fellow veniremember, not publicized by the media. Robinson also cites State v. Sodders, 255 Kan. 79, 872 P.2d 736 (1994), as support for his construction. We see no error. 222502 and 222503 authorize judges of the district court to issue search warrants, but K.S.A. That pressure increases the probability of a wrongful conviction. Young also observed a fracture of the right forearm, specifically the right ulna, which he testified to be consistent with a defensive wound. It's the ultimate concealment.. While the Faiths were living in Colorado, the Social Security Administration (SSA) had mailed Sheila's and Debbie's benefit checks to a Pueblo, Colorado, address. This testimony was sufficient to authenticate the documents found in Robinson's possession or under his control. Robinson's reliance on Alderson is misplaced. However, when viewed in context, the prosecutor was using a rhetorical device to emphasize the weight of the multiple murders evidence and to illustrate that under the narrowing function of Kansas' capital sentencing scheme, a death sentence was warranted. at 2759 (Breyer, J., dissenting). The same principle holds true in the context of sentencing. The Kansas Constitution created the district courts of Kansas and provided that they shall have such jurisdiction in their respective districts as may be provided by law. Kan. Const. In each ruling, after outlining previous relevant events, Judge Anderson addressed the specific grounds asserted for the requested continuance and/or made findings and conclusions as to why defendant had failed to establish good cause. Whether a sentence is illegal is a question of law over which this court has unlimited review. State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). The State amended its Complaint on June 13, adding one count of aggravated kidnapping and two counts of capital murder. 12 tracks the statutory language. denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. Robinson was also involved in the lives of his grandchildren, the appeal said. Another defense expert found that 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, court records say. The most significant overlapping fact was the affidavits' brief reference to Robinson's convictions in the Back Care and Kuti cases. If so, there was misconduct. Trouten written in the return address section of the envelope was not. Because the legislature defined the offense to include two or more discrete acts or transactions, the unitary conduct inquiry here must necessarily focus on the nature of the common scheme or course of conduct, not merely on the killing of more than one person. See Schoonover, 281 Kan. at 472 (unit of prosecution not necessarily dependent on whether there is a single act or victim, but, instead, the key is the nature of the conduct described; unit of prosecution can be determined by scope of the course of conduct defined by statute rather than discrete physical acts composing that course of conduct); see also State v. Olsson, 2014NMSC012, 18, 324 P .3d 1230 (N.M.2014) (relevant inquiry in a unit of prosecution case is whether legislature intended punishment for the entire course of conduct or for each discrete act). Judge Anderson liberally excused panelists holding preconceived opinions, granting 92 of the 100 challenges defendant asserted on this basis. Judge McClain was endorsed as a witness in the Kuti case because Obermeier believed Robinson's failure to disclose the Back Care prosecution constituted a material omission, an essential element of the securities fraud count pled in that case. Judge Anderson set the matter over for 1 month to give the newly formed defense team time to review motions and to give Berrigan time to recover from heart bypass surgery. Juror 149's responses evidenced his adherence to the law and did not establish substantial impairment based on a refusal or inability to hold the State to its burden of proof at sentencing. John Edward Robinson - Wikipdia, a enciclopdia livre However, Judge Anderson, who was best positioned to observe demeanor and nonverbal communication, found no substantial impairment from the totality of her responses. VENIREPERSON 14: A slight edge, yes, sir. (Emphasis added.). All three barrels were transported to the Jackson County Medical Examiner Thomas Young. Later, Juror 69 confirmed he would lean toward a death sentence based on facts in this case but would consider any mitigation. [Prosecutor]: Was this the house in Texas? In February 1998, Robinson contacted Jennifer Boniedot, a property manager for the Deerfield Apartment Complex in Olathe. Juror 87 testified that she had formed no opinion of guilt and could set aside all media reported facts in response to questioning from both parties. ]); Lucas v. State, 274 Ga. 640, 646, 555 S.E.2d 440 (2001) ( improper to require the juror to enumerate hypothetical circumstances in which she might or might not vote to impose the death penalty ); State v. Ball, 824 So.2d 1089, 1110 (La.2002) ([V]oir dire does not encompass unlimited inquiry by defendant into all possible prejudices of prospective jurors, including their opinions on evidence, or its weight, hypothetical questions, or questions of law that call for any prejudgment of supposed facts in the case.); State v. Stanko, 376 S.C. 571, 57677, 658 S.E.2d 94 (2008) (limiting case-specific voir dire not an abuse of discretion where questionnaire explored potential impartiality and trial court used abstract questions to life qualify jurors); State v. Moeller, 616 N.W.2d 424, 442 (S.D.2000) (It was proper for State to use the hypothetical concept of a mental defect or a 15yearold person to explain the concept of a mitigating factor. Applicants warned that further use of interviews and inquisitional subpoenas might alert Robinson to the investigation. In denying Robinson's motion to strike, Judge Anderson emphasized that he was considering the totality of the response and, in doing so, it was clear Juror 33 was qualified and lacked substantial impairment. These stories examined defendant's prior convictions, announced his identification in a police lineup, reported that he had been placed at the scene of the crime, and explained that the six murders were solved but petitioner refused to confess. 366 U.S. at 725. Robinson argues the evidence seized pursuant to, or as a result of, the four pen registers, one wiretap order, and four search warrants Judge McClain issued in this case should have been suppressed because he was not a neutral and detached magistrate. Ill tell you what, you message me, dont tell anyone, Ill send you a plane ticket and we will go from there. Bobby v. Mitts, 563 U.S. 395, , 131 S.Ct. In August 1994, SSA received a completed disability review form for Debbie, purportedly signed by Sheila Faith. We determined that the statutory aggravator required a direct relationship between the great risk of death thrust upon the second victim and the homicide of the first victim. At 11:43 a.m., a long-distance call was placed from Robinson's Linn County trailer to Nancy Robinson's work phone. In fact, we rejected defendant's argument that the two murderers must have conspired to commit both murders for them to be sufficiently related to establish a common scheme or course of conduct. Each reflected the proper standard for juror qualification where media coverage has been widespread. 546, 50 L.Ed.2d 444 (1977). Alleged Misconduct during State's CrossExamination. In assessing whether definition of instructional terms is legally appropriate, we have held that. Berrigan and O'Brien had served as counsel to Robinson for roughly 7 months prior to Thomas' withdrawal, and they had another 7 months to prepare thereafter, thanks to Judge Anderson's order granting Robinson's first continuance motion. at 275556 (Breyer, J., dissenting). [G]athering sufficient evidence to successfully prosecute John E. Robinson and others yet unknown for the murder and kidnapping of Suzette Trouten. Robinson argues the trial court erred by failing to strike Jurors 23, 39, 69, 202, 271, and 324 because their exposure to pretrial publicity rendered them unqualified. We discussed the movant's duty to make such a proffer in Burnett, 300 Kan. 419, where defendant requested a continuance in order to prepare a redacted and admissible version of the videotaped recording of his police interview. Accordingly, we hold that the phrases common scheme and course of conduct are not unconstitutionally vague. The record includes competing evidence regarding the propriety of a continuance notwithstanding Robinson's arguments. As Robinson grew older, the abuse escalated, often leaving him unconscious or bedridden, and his mother isolated him from other family members.. From their own observations, jurors may form opinions about a defendant. State v. Coman, 294 Kan. 84, 92, 273 P.3d 701 (2012). State v. Reese, 300 Kan. 650, 653, 333 P.3d 149 (2014). Robinson told Scott that Lewicka had been caught smoking marijuana and deported to Czechoslovakia. See K.S.A. Robinson claims Juror 39's later assurances of impartiality cannot overcome her initial statements of bias under State v. Yurk, 230 Kan. 516, 638 P.2d 516 (1982). During this phase, Judge Anderson called prospective jurors in panels of 60 to identify those asserting hardship. The State concedes that Juror 147 engaged in misconduct. There were two visible injuries: a tear to the skin near the left armpit inflicted postmortem and an oval-shaped defect on the left side of the head, which Pojman believed to be lethal. Juror 184 maintained no contact with the department after resigning from his volunteer position. 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). 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. Both parties presume the challenged e-mails constitute writings and were offered to prove their content. After the ruling, the prosecutor immediately explained that the State's argument was that Stasi would not have voluntarily relinquished her parental rightsan inference reasonably supported by the evidence. 60455 is not triggered by juror speculation, but by evidence of prior crimes committed by a defendant. State v. Conley, No. Robinson lodges three challenges to the district judge's guilt phase instructions. Juror 149 said he was not familiar with the process and did not know if that was how the process worked at that stage of the proceedings. The lone common scheme or course of conduct connecting all murders charged in Counts II and III is properly characterized as unitary conduct under K.S.A. The amendment to K.S.A. 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. Juror 147 brought the Bible with the slip of paper into the jury room. Judge Anderson's neutral explanation for the use of the procedure combined with his express statement that it was unrelated to any concern for juror safety properly balanced jurors' interest in privacy against defendant's due process interests. Courts have consistently found that common scheme, course of conduct, and similar terms are not unconstitutionally vague. Dahl admitted she was not interested in exploring whether respondents could set aside preconceived opinions and serve as impartial jurors. The subsection begins with a legislative grant of jurisdiction to law enforcement officers in Johnson County, allowing them to execute warrants countywide. The three murders on which he stands convicted were connected together and constituted parts of a single course of conduct. But on the other hand, Kansas has long held that [a statute] is not unconstitutionally vague if it employs words commonly used, previously judicially defined, or having a settled meaning in law. 213439(a)(6) requires only that the multiple murders be related to each other in some way. Second, in Spain we did not define course of conduct. We merely used the phrase in the process of determining the meaning of the statutory aggravating circumstance. 222401a(2)(b) imposes no such requirements. The bodies of Lewicka and Trouten were recovered inside metal drums located on Robinson's Linn County property. The legislature enacted this statute in 1988, subsequent to the 1976 enactment of K.S.A. Trouten's father also received a similar typewritten letter in an envelope postmarked San Jose, California, March 27, 2000. Nancy, in particular, always stood by Robinson. Toward the end of their marriage, Bonner told her husband she was helping Robinson find property for a hydroponics project. Under nearly identical facts, Kansas courts have found no reasonable expectation of privacy in trash set out for collection at the edge of defendant's property in close proximity to the curb, even if located within the curtilage. See K.S.A. However, the prosecutor did not suggest jurors would violate their oath by sentencing the defendant to life imprisonment. Because Robinson asserts error of a constitutional magnitude, we can affirm his death sentence only if there is no reasonable possibility that the juror's misconduct affected the outcome of the trial. See Williams, 299 Kan. at 562. Family members last saw Stasi and Tiffany in early January 1985. As part of this effort, the State did not seek to introduce or admit any evidence that would have disclosed the fact of Robinson's prior convictions or terms of incarceration. Robinson argues the prosecutor lacked a good-faith basis to assert as fact that defense counsel advised Cunningham not to produce a written report. See Longoria, 301 Kan. at 508; Carr, 300 Kan. at 6570. Robinson argues that the prosecutor engaged in prejudicial misconduct during closing argument by: (1) commenting on Robinson's demeanor; (2) making an argument unsupported by the evidence; (3) unfairly attacking Nancy Robinson; and (4) expressing his personal opinion regarding the quality of defense counsel's argument. Robinson cites Bobo v. State, 102 Ark.App. at 2756 (Breyer, J., dissenting). "Usually when I found out about [his affairs], it was over. K.S.A. 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. at 23738. At the start of the eighth day of trial, Juror 214 was excused because of an emergency medical hardship in her family and was replaced by Alternate Juror 340. Lyla Thompson, a deputy with the JOCO Lab, developed several latent fingerprints from the other SSA checks that matched Robinson's known prints. First, he argues the State failed to provide sufficient evidence of a taking by deception. Such protections apply to all state actors, including the judiciary. Thomas' filing of his entry of appearance provided Judge Anderson with a direct and immediate opportunity to subvert Robinson's right to counsel of choice. During the conversation, Juror 147 told another juror that he had learned from the Bible that in order to be granted mercy, one must ask for mercy, repent, and forgive. The defendant is entitled to ask questions during voir dire before the sentencing phase of the trial begins. 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's real complaint is that Judge Anderson did not assign his evidence the weight he believed it deserved. Additionally, law enforcement officers seized 1998 IRS Form 1099 statements for Sheila and Debbie Faith, along with photocopies of their SSA benefit checks for September 1997. In March 2000, Remington told Taylor she had been communicating with James Turner. Under the controlling framework, we first consider whether the remark fell beyond the wide latitude afforded prosecutors in discussing the evidence. Robinson is now 72 years old, making it highly probable that Kansas will face the prospect of executing an octogenarian. For the first half of 1994, these checks were often deposited into an account held at Colorado National Bank. document.write('Friday, October 11, 2002 Posted: 1429 GMT
<\/span>'); Indeed, one offender was exonerated by DNA evidence 30 years after his conviction, so that an abbreviated or cursory appellate review would have resulted in the execution of an innocent man. Kleypas is distinguishable, and we hold there was no error in this instance. Q. On August 31, 2000, the State filed its Third Amended Complaint, supplementing allegations in the existing counts. Robinson relies on United States v. Fell, 372 F.Supp.2d 766 (D.Vt.2005), in support of his claim of constitutional error. Without reweighing the evidence, the district court's findings of fact are reviewed to determine whether they are supported by substantial competent evidence. [DEFENSE COUNSEL]: But when it comes to police officer versus not a police officer, VENIREPERSON 14: Without anything else to weigh. Not surprisingly, defendant did not challenge Juror 298 as biased by pretrial publicity. Just below the speed limit sign, affixed to the same post, was a smaller sign captioned, Private Property No Soliciting. There were no no trespassing signs posted within the community. When law enforcement officers searched Robinson's storage unit in Olathe, they found the contact list that Chidester helped Trouten create before moving to Kansas. Also, the isolated statement, made weeks before the jury was instructed on the capital sentencing process, was not gross and flagrant or the product of ill will. 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. 223410. Judge Anderson did not deny any of defendant's motions based on a finding that the DPDU exited the case as a result of discharge, as opposed to withdrawal. 45 Va.App. 213439(a)(6). Beverly Bonner was from Missouri, where she lived with her doctor husband and two sons. Robinson cannot artificially disassociate the preenactment murders from the postenactment murders of the principal victims that constituted parts of defendant's common scheme or course of conduct. State v. Rodgers, 146 Wash.2d 55, 43 P.3d 1 (2002), do not dissuade us from this ruling. Robinson also challenges exhibits containing e-mail strings rather than individual, segregated messages. The distinction is one without a legal difference. We have rejected the view that K.S.A. Robinson argues the district judge erroneously denied the venue change motion in light of uncontroverted expert witness testimony describing social science studies that suggest people struggle to genuinely set aside preconceived beliefs. We agree the remark was improper, but on different grounds. At Robinsons direction, Donald sent him a $2,500 cashiers check payable to Robinsons business, Equi II, allegedly to cover adoption-related fees. 2. Even the minority of courts that have found case-specific questioning to be required under certain circumstances would not take issue with Judge Anderson's rulings. According to CourtTV, he lured some of his victims with promises of money and jobs and requests for sadomasochistic sex. In 2000, according to CourtTV, it unraveled when authorities discovered the remains of two women stuffed inside two 55-gallon barrels sitting out in the open on rural property near La Cygne, Kan. A storage locker with the remains of three other women was searched next.

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