See State v. Crawford, 300 Kan. 740, 757, 334 P.3d 311 (2014) (misconduct could not have been prejudicial in light of highly persuasive evidence incriminating defendant). Such a diminution of the jury's sense of responsibility, according to the plurality, prevented the jury from making an individualized determination of the appropriateness of the death penalty in violation of the Eighth Amendment. Additionally, Booth obtained a root from one of the hair samples and successfully acquired a genetic profile that produced a match to Trouten. Under the same statutory authority, Robinson argues LPD officers exceeded their jurisdiction by executing the warrant to search Robinson's property in Linn County. We see no error in the prosecutor's remarks to the small group panels regarding the concept of mitigating circumstances. As such, Instruction No. 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. During Robinson's penalty phase case, Nancy Robinson testified to the character of her husband as a good father, grandfather, and family man. However, when a writing is stored electronically, what constitutes an original and the practicalities of any production are not automatically clear. Law enforcement also seized e-mails confirming that Trouten had given her login and password information to Robinson, including the information to access the Hotmail account used to send State's Exhibit 20. Judge Anderson identified the potential for invasion of juror privacy by the media or other overzealous individuals with an interest in the outcome of the proceedings, particularly in the absence of sequestration, as the reason for using the juror numbering system. If so, there was misconduct. As such, the prosecutor's comments did not adversely impact defendant's peremptory challenges or his fair trial rights. 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. Did scope of voir dire rulings violate constitutional rights? You decide. Trace bloodstains inside Robinson's trailer on the property matched the DNA of victims Trouten and Lewicka. Slip op. Of course it is. On July 18, 2002, Robinson filed a third motion for continuance, alleging that discovery complications made it impossible to prepare Robinson's guilt phase defense before the September trial setting. Here, territorial jurisdiction was not an issue, and K.S.A. In the 1980s, Robinson offered financial consulting services through his company Equi II.. 214624(e) unconstitutional. She stayed with him after his theft conviction in Missouri and when he went back to prison after his probation was revoked. The comment was also reasonably grounded in fact, as Robinson had provided fraudulent affidavits in hopes of avoiding prosecution. The killings have to be related to one another, not the killer's methods. Robinson's reliance on Hall, like his reliance on Warledo, is misplaced. Did the trial court retain jurors who would impose a death sentence automatically upon conviction? This testimony provides record support for Judge Anderson's finding that appropriate voir dire and jury selection methods will result in a fair and impartial jury. For these reasons, the ruling is supported by substantial, competent evidence and does not constitute an abuse of discretion. What renders a statute vague is not the possibility that it will sometimes be difficult to determine whether the incriminating fact it establishes has been proved; but rather the indeterminacy of precisely what that fact is. As of the date of this year's dissent in Glossip, the number of exonerations in capital cases [had] risen to 115. 135 S.Ct. L.1988, ch. The couple moved to the. at 2765 (Breyer, J., dissenting). See State v. Van Hoet, 277 Kan. 815, Syl. But doing so would only increase the already too high incidence of unreliable and arbitrary death penalties and risk causing procedural harms that also undermine the death penalty's constitutionality. 135 S.Ct. To the extent Robinson's arguments compel us to construe K.S.A. Judge Anderson addressed this issue specifically in denying the third motion for continuance, finding that Kansas law compelled the prosecution to endorse all potential witnesses regardless of the extent of their knowledge and that the defense team's resources, including four attorneys, an investigator, and six legal interns, were sufficient to overcome the discovery complications and complete preparations in the time allotted for trial. He is an American serial killer who was convicted in 2003 of the murders of three women during a fifteen-year period. See 1 LaFave, Search & Seizure, A Treatise on the Fourth Amendment 1.5(b), pp. Robinson does not dispute that the averments in the supporting affidavits established probable cause for issuance of the pen registers, wiretap orders, and search warrants; and none of the allegedly overlapping facts in the affidavits were material to Judge McClain's probable cause determinations. The isolated comment paled in comparison to the State's overwhelming evidence establishing that Robinson created a sham charitable outreach program claiming to offer assistance to young, vulnerable women with newborn babies; he recruited young, Caucasian mothers without strong family connections to participate; he enticed Stasi into this program, and thereafter, murdered her and delivered her baby to his brother as part of a fraudulent private adoption scheme. 52) letter to this court, defendant cites the United States Supreme Court's most recent opinion addressing presumed prejudice, Skilling v. United States, 561 U.S. 358, 38185, 130 S.Ct. Juror 184 also recognized the name Bill Batt, another officer on the State's witness list who did not testify at trial. The expert said his mother physically abused him, and blamed him for the death of his brother. We also are reassured here by the protective measures taken by [the trial judge], including use of jury questionnaires and individual voir dire. 300 Kan. at 7879. 3032 (3d ed.2007) (searches invalid on state law grounds do not invariably require suppression of evidence). At trial, the State intended to establish that Robinson stored the barrels containing the bodies of Sheila Faith, Debbie Faith, and Beverly Bonner in unit F10 but moved them to unit E2 and wrapped them in plastic after they began to leak. The affidavit also touched on a few facts that were similar or common to both the Back Care case and the Robinson investigation. 16. Through this questioning, the State established that Cunningham earned $11,000 for his services. We disagree. Nevertheless, Booth confirmed he found no blood, tissue, or hair on any of these tools. 222611 altogether. See Kleypas, 272 Kan. at 1090 (The failure of the defendant to object and to trigger the prosecutor's proffer of a good faith basis precludes a finding of error on this issue.). 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. Lewicka was spirited and fought with her parents for autonomy and control over her life. 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. When Sheilas husband died, she moved to Colorado with the girl and lived on Social Security. 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. After confirming with Robinson that he was discharging Thomas as counsel of record, Judge Anderson granted Thomas' motion to withdraw and denied the continuance motion during a February 28 hearing. Even Robinson's conviction for capital murder did not break their marriage. Robinson also used this mailbox to facilitate his fraudulent letter writing campaign aimed at Bonner's family. See People v. Sanders, 11 Cal.4th 475, 539, 46 Cal.Rptr.2d 751, 905 P.2d 420 (1995) (no error in trial court's limiting hypothetical questions requiring jurors to provide advisory opinion based on preview of evidence). She was a scared, abused, 19-year-old girl with a newborn, desperate to keep her child [and] be a mother. Was voir dire on prior incarcerations limited improperly? 405 N.J.Super. That course of action would permit the first-degree premeditated murder conviction and accompanying life sentence for Stasi's killing to be affirmed and would permit the defendant to be convicted for Lewicka's killing, albeit for the lesser included offense of first-degree premeditated murder. Robinson was raised in Cicero, Illinois. Without an adequately developed record, we cannot presume this testimony was offered for the truth of the matter asserted. In the e-mail, the author provides some personal background information and outlines his rules and expectations as a master in BDS & M relationships. The State effectively challenged the credibility and reliability of her opinions on cross-examination. I must have been out in the hall and her fall-back answer, Nobody asked me. What do you think? A judge of the district court means any of such judges. K.S.A. The Virginia Court of Appeals found the portion of the driveway located next to landscaping adjacent to the home, where police observed evidence of the crime, was located within the curtilage of defendant's residence, not the entire driveway. Thus, application of the exclusionary rule does not inevitably follow unless the legislature has enacted such a compulsory remedy. Can you be a great dad when you're in prison? For example, Chidester was convinced the e-mail was fraudulent because the word choices, style, and format were not consistent with Trouten's writing. United States v. YejeCabrera, 430 F.3d 1, 9 (1st Cir.2005); see United States v. Maynard, 615 F.3d 544, 550 (D.C.Cir.2010) (law enforcement engaged in an adequate range of investigative endeavors; government not required to enumerate every technique or opportunity missed or overlooked), aff'd in part sub nom. Second, Robinson suggests the media coverage reached the court's chambers on October 7, 2002, when jurors had the opportunity to view the front page of that morning's copy of the Olathe Daily Newsthe incident giving rise to the second renewed venue change motion. She later sent a complete set of the requested logs. In questionnaire responses, Juror 229 also shared her belief that a wrongly imposed death sentence could be corrected on appeal or through clemency. Murder by abuse requires both elements. Quite simply, then, K.S.A. To the contrary, as it relates to Count III, the capital murder of Lewicka, the State presented compelling forensic and circumstantial evidence that Robinson killed Lewicka in her Johnson County apartment. Of the 83 panelists passed to general voir dire, 52 were passed without any challenge for cause asserted by either party. (ii). Instead, he shared his view or interpretation of what the Bible says about the concept of mercy based on his review from the night before. Then the prosecutor provided answers to those questions through an imaginary script of the deceased victim, which told jurors about the victim's final thoughts based on pure speculation. On January 11, Klingensmith filed a missing persons report with the Overland Park Police Department. Dillehay did not attempt to extrapolate these findings as support for the broader proposition that Robinson advances herethat anyone who forms an opinion of the case is thereafter unalterably tainted and rendered unqualified to serve as a juror. After conviction of multiple murders that are of the most heinous yesterday, she tells us, well, I'm not sure if I want a divorce or not. Carolyn Trouten confirmed that many of these items belonged to Suzette Trouten. At the defense's urging, the district judge ultimately utilized the juror numbering system and other protective measures in lieu of sequestration. I know that I have to just pay attention to what goes on in the trial and not what I've heard before. at 239. denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. denied 541 U.S. 1090 (2004). We apply the traditional two-step framework in analyzing Robinson's penalty phase prosecutorial misconduct challenges, considering first whether the prosecutor exceeded the permissible scope of his or her authority by engaging in the challenged conduct and, if so, whether defendant suffered prejudice as a result. Second, Robinson argues Judge Anderson improperly minimized testimony regarding the delay created by the number of witnesses endorsed by the State.
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