60455, and Judge Anderson did not err in admitting the testimony under this statutory provision. The following morning, prosecutors secured a warrant to search Robinson's Linn County property. The admissibility of all other crimes and civil wrongs evidence is governed by K.S.A. Remington sent investigators logs of her online chat sessions with Trouten in two separate e-mails. Both parties proceeded to examine Juror 147 extensively on the topics of pretrial publicity, bias, and the death penalty, and both parties passed him to the third phase of jury selection, general voir dire. 741, 75051 (4th Cir.2010) (unpublished opinion) (prosecutor did not commit misconduct by referring to altered records during rebuttal argument where it replied to theory raised in defendant's closing argument); State v. Harrison, 631 So.2d 531, 534 (La.App.1994) (prosecutor's rebuttal argument proper where defense counsel opened the door during closing argument). Both murders were committed subsequent to the enactment of the capital murder statute. The phrase does not limit the officers' jurisdiction to execute the warrants in the first instance. 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.. 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 resolution of these competing statutory interpretations lies within the history of the pertinent statutes. I realize, and I understand that all I've heard is negative information, I understand that; so going into a trial, I take that into consideration. Through the course of Nancy Robinsons marriage to John Robinson, he was also engaging in BDSM, luring young women and sometimes having them sign slave contracts. Some of those women became his victims. Finally, Robinson takes issue with prosecutor Morrison's personalized attack of arguments advanced by defense counsel. See United States v. Green, 178 F.3d 1099 (10th Cir.1999) (search conducted in violation of K.S.A. denied 132 S.Ct. Forensic odontologist Daniel Winter confirmed Trouten's identity with her known dental records. In fact, the Kansas Legislature used the same word to describe the jury's sentencing verdict under our capital sentencing scheme. Second, he argues the State cannot rely on murders that occurred prior to the effective date of the capital murder statute to prove the multiple murders required under K.S.A. Robinsons modus operandi was to target vulnerable women having problems in their lives. 16 Years Later, Baby-stealing, Murder Case Comes to Light 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. However, Juror 229 confirmed her ability to set these views aside and reach a sentencing decision based on aggravating and mitigating circumstances. 222401a(2). In its cross-appeal, the State argued that Judge Anderson's rulings limiting the prosecution's ability to argue victim impact evidence during penalty phase closing arguments were erroneous. 222603, which provides [w]here two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur, and K.S.A. 2294, 33 L.Ed.2d 222 [1972] ). Accordingly, the elements of capital murder as charged under K.S.A. During the search of Robinson's storage unit, law enforcement found 42 envelopes preaddressed to members of Trouten's family, along with 31 pieces of pastel-colored stationary that were blank, except for a handwritten closing that read: Love you, Suzette. . Robinson argues the prosecutor's proffer for the admission of Rundle's testimony was misleading because experts did not testify that blood could be removed easily from the tools, and evidence admitted under such false pretenses violated his right to due process. On appeal, Robinson admits the expert's delay did not impede counsel's ability to prepare for trial but argues it prevented the defense from completing an independent DNA analysis. That same day, the State filed a Fourth Amended Complaint charging Robinson only with the counts from the Third Amended Complaint that survived Robinson's motion for directed verdict. Did prosecutorial misconduct prejudice the jury selection process? See Barekman v. State, 200 P.3d 802, 80506 (Wyo.2009) (no reasonable expectation of privacy in curbside trash accessible to others, even though defendant resided in private mobile home park); cf. See Cheever, 295 Kan. at 26870 (juror free to assign any weight to mitigation evidence or find it wanting altogether); see Eddings v. Oklahoma, 455 U.S. 104, 11415, 102 S.Ct. Klingensmith identified Robinson at trial as the man she knew as John Osborne. John Edward Robinson Sr., 56, was a quiet man who mowed his grass three times a week and grilled the hamburgers at a neighborhood cookout two weeks ago. Finally, Robinson argues State's Exhibits 11 and 12 are unreliable because the State redacted header information showing the e-mails had been forwarded to it by Remington. Robinson admitted engaging in a sexual relationship with Robinson that included a slave contract and videotape. They planned to be gone for about a month, spending a couple weeks with John in Missouri and then traveling to Texas to visit family. When read in context, it is apparent that Judge Anderson referenced the DPDU and Robinson's decision to hire Thomas, not to blame Robinson for any delay resulting from that decision, but to summarize the sequence and timeline of events, highlight the purpose and scope of the appointment of cocounsel, and emphasize that Thomas and appointed counsel had the benefit of more than a year's worth of the DPDU's work on the case. I would reiterate what I said in State v. Carr, 300 Kan. 1, 327, 331 P.3d 544 (2014) (Johnson, J., concurring in part and dissenting in part), cert. 2516, 165 L.Ed.2d 429 (2006). Even so, Anthony provides some useful parallels under similar facts. That's as I said, this is a pattern that's gone on for years. 1686, 29 L.Ed.2d 214] (1971); Reno [v. American Civil Liberties Union, 521 U.S. 844,] 870871, and n.35[, 117 S.Ct. However, this objection was founded on Moore's attempt to testify to the contents of the letter, not to its admission of the letter itself. 213107(2). 213439(a)(6). On September 1, a $500 check payable to Specialty Publications was drawn on Lewicka's account, leaving an available balance of $1. 1, 2, 3, 607 P .2d 477 (1980). See State v. Race, 293 Kan. 69, 77, 259 P.3d 707 (2011) (we presume jurors comply with instructions of the court). 2516, 165 L.Ed.2d 429 (2006). Robinson cites Hance v. Zant, 696 F.2d 940 (11th Cir.1983), overruled in part on other grounds by Brooks v. Kemp, 762 F.2d 1383 (11th Cir.1985), in support of his claim of error. Judge Anderson denied the motion in a March 12, 2002, order, explaining: Despite the extraordinary amount of attention this case has received from the public and in the press thus far, the Court is not convinced that the defendant cannot obtain a fair trial. A GRAPHIC Look Inside John Edward Robinson's Farm. clarified the standard for determining when a prospective juror may be excluded for cause because of his or her views on the death penalty. MOUNT VERNON The following is a list of the latest Knox County property transfers from the Knox County Auditors Office from April 1 through April 30, 2023. 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. Did the application and affidavit satisfy the necessity requirement? However, in Hensley, the juror actually consulted with his minister during the course of deliberations, speaking at length about mercy and the death penalty. At the September 5 hearing, Robinson offered Nerad's affidavit under seal, which the district judge reviewed in camera over the State's objection. State v. SmithParker, 301 Kan. 132, 161, 340 P.3d 485 (2014). Specifically, Trouten is not mentioned in Count III of the complaint and Lewicka is not mentioned in Count II of the complaint. The general rule is that an admonition to the jury normally cures the prejudice from an improper admission of evidence. State v. Navarro, 272 Kan. 573, 582, 35 P.3d 802 (2001). The United States Supreme Court later reversed Marsh and held the Kansas death penalty scheme, including the weighing equation as originally written, constitutional. 2480, 147 L. Ed .2d 597 (2000). Many of these items were later identified as Lewicka's property. John Edward Robinson Public Member Photos & Scanned Documents View all 10 photos and documents People similar to Arthur James Robinson Gathered from those who lived during the same time period , were born in the same place, or who have a family name in common. Prosecutor Welch then asked Cunningham whether he had prepared a written report, to which he answered, No, maam. Prosecutor Welch then asked, Were you asked by defense counsel not to write a report?, to which Cunningham again responded, No, maam.. F037676, 2002 WL 31839361, at *1 (Cal.App.2002) (unpublished opinion) (statements at issue in Mach went to the heart of the credibility of the complaining witness and were made by a person who was an expert in the field; [n]othing of the sort appears in this record.). denied 541 U.S. 1090 (2004). The letters were typewritten, often discussed Bonner's travel overseas, and were signed in what Bonner's brothers believed to be her handwriting. Is it one of greater enormity than theis it one of greater gravity than the average? After Judge Anderson announced his ruling on the motion, the State mentioned it was developing a strategy for introducing evidence of Robinson's relationship with Beverly Bonner without alerting the jury that defendant met the victim, a prison librarian, while incarcerated. v. DeHart, 512 Pa. 235, 25152, 516 A.2d 656 (1986) (We reject the notion that the exclusion of jurors expressing uncertainty as to their ability to impose the death penalty results in the impanelling of a jury biased in favor of the prosecution.), cert. Based on the plain language of K.S.A. 163.115(1)(c) (1990). 214627(b), recodified as K.S.A.2014 Supp. The Supreme Court considers the following four factors to determine whether a search was conducted within the curtilage of defendant's residence: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by. United States v. Dunn, 480 U.S. 294, 301, 107 S.Ct. denied 520 U.S. 1217 (1997), abrogated on other grounds by Nunnery v. State, 127 Nev. Adv. Trouten gave similar reports to her aunt, father, and employer in Michigan. It then recites that the murders of Trouten and Lewicka were each part of a common scheme or course of conduct that also included the intentional, premeditated murders of Beverly J. Bonner, Sheila Faith, Debbie Faith and Lisa Stasi. Slip op. 10, which provides: The State has the burden to prove beyond a reasonable doubt that there are one or more aggravating circumstances and that they outweigh any mitigating circumstances believed to exist. The instruction was based on the recommended instruction in PIK Crim.3d 56.00E and mirrored the language of the applicable statute, K.S.A. We hold there was no misconduct. He wants you to extend all those things to him. He is responsible for the death and disappearances of eight women, Paula Godfrey, Lisa Stasi, Catherine Clampitt, Beverly Bonner, Sheila Faith, Debbie Faith, Izabela Lewicka and Suzette Trouten. The defense retained Delo, a retired prison warden and correctional consultant, to assess Robinson's propensity for violence in prison. Robinson challenges Judge Anderson's ruling on Juror 39 based largely on questionnaire responses where she expressed a personal belief that death would be the appropriate punishment for a person convicted of capital murder. Carr, 300 Kan. at 69. The relevant facts are not in dispute. He also noted his personal views would be subject to and limited by further instructions from the court. Before obtaining the warrant, LPD discussed the search with the Linn County Sheriff's Department (LCSD). Oregon's murder by abuse statute, provided: (1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder: (c) By abuse when a person recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of a child under 14 years of age and the person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person. Ore.Rev.Stat. Remington did just that, and Robinson, posing as Turner, said Taylor should contact Tom at [email protected].. Instead, Judge Anderson granted the continuance, providing defense counsel roughly 1 full year to prepare for trial. State v. Nelson, 296 Kan. 692, 694, 294 P.3d 323 (2013) ( Judicial discretion is abused if judicial action is based on an error of fact, i.e., if substantial competent evidence does not support a factual finding on which a prerequisite conclusion of law or the exercise of discretion is based.). Stay up-to-date with how the law affects your life. Guerrero identified the item as the piece Sheila Faith had made to enter into the state fair competition. We find the comments fell within the wide latitude afforded prosecutors in discussing the evidence. In December 1994, Norman received a typewritten letter purportedly from Sheila in an envelope postmarked Canada. Appellate review of an allegation of prosecutorial misconduct requires a two-step analysis. ROBINSON Genealogy | WikiTree FREE Family Tree 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. Three of the latent prints matched Robinson's known prints, and one was not identified. United States v. Simmons, 961 F.2d 183, 184 (11th Cir.1992). We apply the same two-part standard of review for alleged prosecutorial misconduct during voir dire. 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 claims the prosecutors engaged in misconduct by withholding the factual basis of or theory regarding the common scheme or course of conduct until the rebuttal portion of closing argument. In denying the challenge, Judge Anderson found the totality of Juror 316's responses demonstrated that his personal beliefs would yield to the court's instructions on the law and that he would serve impartially. Robinson argues the State failed to properly authenticate State's Exhibit 20, a copy of an e-mail sent from Trouten's Hotmail account to several family members, including Trouten's aunt, Marshalla Chidester, because the State redacted the header information showing that Chidester had forwarded the e-mail to them. 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. There, the district court's denial of continuance was founded on legally erroneous findings, and the Court of Appeal's declaration that the error was harmless would have deprived defendant of the very benefit that induced him to enter his plea agreementthe opportunity to pursue a durational departure. 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. Even when Robinson served time in state prison in the late 1980s and early 1990s, the children visited him and their relationship remained strong. Did the evidence establish Robinson's specific intent to cause bodily injury? The State made no further mention of Ray until February 2002, when it produced a letter Ray had written and other documents. A summary of the procedural and factual background demonstrates that this challenge is without merit. Cunningham testified that correctional staff's assessment and appraisal of an inmate is a relevant factor in predicting his or her propensity for violence in prison. See State v. Kleypas, 272 Kan. 894, 995, 40 P.3d 139 (2001) (suggesting defendant's failure to voir dire jury prior to penalty phase undermined claim that prior murder conviction could have biasing effect on jurors), cert. In his Rule 6.09 letter, Robinson also cites to State v. Clark, 981 S.W.2d 143, 147 (Mo.1998), for a similar proposition. d. Nonstatutory Aggravating Circumstances. Did the prosecutor comment improperly on defendant's silence? 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. Jim Turner was one of Robinson's aliases. Robinson had the opportunity to formulate his own questions regarding case-specific facts in the questionnaire. The first factor weighed in favor of venue change because Dahl's surveys evidenced widespread circulation of the pretrial publicity throughout the community. He acknowledged the State's burden of proof and confirmed he would acquit defendant if the State failed to meet it. See Fredricks v. Foltz, 221 Kan. 28, 30, 557 P.2d 1252 (1976) (finding federal interpretations persuasive where state and federal rules similar). His overall statements did not reflect blind adherence to the testimony of law enforcement officers over lay witnesses. Robinson's failure to do so with Juror 147 undermines his claim of error on appeal. Improper Designation of Convictions as Sexually Motivated. 69. The problem for Robinson is that the court is limited to record evidence in analyzing the prosecutorial misconduct challenge, and the KDOC policy was never introduced as evidence during the penalty phase. Robinson argues two prosecutorial comments during voir dire of the ninth small group panel, consisting of Jurors 312, 337, 336, 342, 344, and 347, violated Caldwell. 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. 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. Fed.R.Evid. Robinson claims Judge Anderson applied a more lenient standard to the State's challenges for cause, in violation of his due process rights. In the 1980s, Robinson offered financial consulting services through his company Equi II. Refusal to Strike Entire Panel Exposed to Juror 173's Comments. Robinson's argument does not rise above the level of speculation. Thus, Dillehay said such questions produce a lack of response variance sought in reliable questionnaires. 214624(f) requires the trial court to review any jury verdict imposing a sentence of death to decide whether the sentence is supported by the evidence. The State effectively challenged the credibility and reliability of her opinions on cross-examination. 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. As the investigation progressed, prosecutors approached Judge McClain for search warrants. 223410 and K.S.A. Independently, the Kansas statute compels the court, with regard to sentence, to determine [w]hether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor. K.S.A.2014 Supp. Shadden, 290 Kan. at 817. A substantial portion of the dwelling was unkempt, but the two bedrooms had been cleaned meticulously. First, several items were immediately identifiable as Trouten's, including her Social Security card, Michigan driver's license, birth certificate, high school diploma, Sam's Club membership card, American Red Cross certification card, passport application, and prescription medication. Lived In Eustis FL, Birmingham AL, Danbury CT. Related To John Robinson, Jacqueline Robinson, Simon Robinson, Cynthia Robinson, Merrill Robinson. However, Robinson's argument is premised incorrectly on the assumption that jurors must be willing to assign some weight to all evidence offered in mitigation to satisfy the Eighth Amendment protections defined in Lockett. Thus a magistrate lacks neutrality and detachment where the circumstances offer a possible temptation to the average man [or woman] as a judge or which might lead him [or her] not to hold the balance nice, clear and true between the State and the accused. 429 U.S. at 250. 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. I want to assure you that you should not be concerned for your safety. The parties stipulated that Judge McClain had completely disengaged from law enforcement upon taking the bench in 1985, had had no involvement in any subsequent investigation or prosecution of Robinson, and had no knowledge of Robinson's possible involvement in other missing persons' investigations. b. The State argued, and Judge Anderson agreed, that the testimony was offered to explain Klingensmith's future actions; specifically, her decision to file a missing persons report. The couple moved to the Kansas City area in late 1963 or early 1964, according to an appeal filed in his case. 214652(2) applies to all of the murders identified in the capital charges and hold that the State's evidence was sufficient to support the existence of the multiple murders aggravating circumstance. During cross-examination, the prosecutor asked Nancy Robinson if she was there when defendant cashed those two checks. If error is found, we next conduct a reversibility inquiry, where. A vagueness challenge based on the Eighth Amendment to the United States Constitution is subject to a substantially similar analysis. However, she found it unusual the envelope was postmarked Kansas City on March 6 because Trouten said they were leaving on March 1. At the July 23, 2001 hearing, Judge Anderson made inquiry regarding Thomas' qualifications. See Brown, 280 Kan. at 74 (whether reasons exist to protect juror identity is an issue left to the trial court's discretion); see also United States v. Peoples, 250 F.3d 630, 635 (8th Cir.2001) (district court has wide discretion to require use of numbers for identification in any case). Instruction No. 20302. In paragraphs 2130, Brown explained how Robinson had targeted new women in the BDS & M community. In Section VIII of the wiretap application, prosecutor Morrison and Detective Brown (Applicants) set forth allegations to satisfy the necessity requirement. These holdings arose from a trial court's categorical refusal to allow defendants any opportunity to disclose or question jurors on case-specific facts during voir dire. See State v. McGee, 224 Kan. 173, 177, 578 P.2d 269 (1978). Any bodily injury Trouten may have sustained through consensual BDS & M sex could not, as a matter of law, support the bodily injury element of the aggravated kidnapping statute. Robinson reasons that forwarded e-mails do not possess an accuracy virtually eliminating error because their text can be manipulated. The district judge's reliance on this language was misplaced. While it is improper for a prosecutor to argue that circumstances are not mitigating because they do not excuse the crime, State v. Scott, 286 Kan. 54, 118, 183 P.3d 801 (2008), the prosecutor did not make such an argument to the small group panel. The trial court asserted a proper reason for using a juror numbering system, satisfying the first prong of Brown's two-part balancing test. Robinson argues his position is corroborated by prosecutor Welch's argument during the jury instructions conference that the State did not have a double reasonable doubt burden and that she did not read the instructions to create one. 2. The DPDU declined, arguing that the arrangement was unworkable and that Robinson was no longer eligible for DPDU assistance. The prosecutor's initial comment to the small group panel did not prejudice Robinson's substantial rights. 4:12CV294FL, 2013 WL 4460265, at *5 (E.D.N.C.2013) (where plaintiff alleged private trash hauler removed trash at behest of law enforcement, complaint sufficiently alleged action under color of law sufficient to state a claim under 42 U.S.C. On October 20, 2002, Judge Anderson called the seventh panel and observed that Juror 147 was present, explaining that this prospective juror had been deferred to the second day of hardship inquiry. The State emphasizes language in Harris acknowledging that under other circumstances, a defendant may be convicted and punished appropriately and constitutionally on multiple counts of capital murder, as that offense is defined in K.S.A. 3, 6(a) and (b). Gosh, if they [recommendation letters fraudulently created or altered by Robinson] would have been real, the people would have said good things about it.
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