We have found no error in the denial of continuance under similar circumstances. 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. Coverage gradually dissipated and was nearly nonexistent at the end of 2000 and early 2001. Judge Anderson allowed defense counsel to voir dire the expert. John Edward Robinsons Kids & Family: 5 Fast Facts, Copyright 2023 Heavy, Inc. All rights reserved. State v. Simmons, 292 Kan. 406, 412, 254 P.3d 97 (2011) (noting that two-part framework has been applied to the voir dire process). 213421. Verdigris Conservancy District v. Objectors, 131 Kan. 214, 218, 289 P. 966 (1930) (judicial business is to be done in judicial districts, by district courts and district judges acting within and for their respective districts). At the outset of the second phase of jury selection, small group voir dire, defense counsel injected case-specific facts into his line of questioning, specifically disclosing that Robinson had been charged with capital murder involving the killings of six women, including two 19 year olds, one of whom was in a wheelchair. Forensic odontologist Daniel Winter confirmed Trouten's identity with her known dental records. First, Robinson highlights Judge Anderson's decision to exclude certain testimony from Suzette Trouten's former landlord, John Stapleton. However, because the juror had merely quoted the biblical passage from memory and did not read from the Bible directly or use it as a source of reference with other jurors during deliberations, we found no error in the district judge's refusal to grant the defendant relief. This construction provides meaning to K.S.A. Thompson compared the print to several crime scene investigators' known prints but found no match. In Irvin, the trial court dismissed 62 percent of the entire venire based on firmly held opinions of guilt. General allegations and boilerplate language fail to satisfy the necessity requirement. But, based on the State's concession, we presume that Juror 147 engaged in misconduct and focus our discussion on the second prong of the analysisprejudice. As of last year, the average length of time between sentencing and execution in the United States was almost 18 years. In determining whether convictions subject a defendant to double jeopardy, the overarching inquiry is whether the convictions are for the same offense. State v. Schoonover, 281 Kan. 453, 496, 133 P.3d 48 (2006). And in analyzing this second prong for vagueness, we are further mindful that [t]he standards of certainty in [a statute] punishing criminal offenses are higher than in those depending primarily upon civil sanctions for enforcement. Steffes, 284 Kan. at 389. City of Lincoln Center v. Farmway CoOp, Inc., 298 Kan. 540, 54546, 316 P.3d 707 (2013). The defense argued the testing was necessary for its expert, Dr. Dorothy O. Lewis, a professor of psychiatry at New York University School of Medicine, to conduct a psychiatric evaluation of Robinson. For Robinson, the last act or event necessary to trigger application of K.S.A. However, the legislature has placed territorial limits on the execution of search warrants issued by a district magistrate judge. Robinson argues the State was obligated to prove that every killing alleged in each capital count was part of that count's common scheme or course of conduct and that the State's evidence failed to do so as a matter of law under his interpretation of that phrase. denied 131 S.Ct. Debbie was fully closed and wearing an adult disposable diaper. Law enforcement officers searched Lewicka's Edgebrook Apartment on October 12, 2000. Donald and Helen named the baby Heather Tiffany Robinson. On appeal, Robinson acknowledges Juror 184 denied any bias in favor of law enforcement or the prosecutor but argues that all of these circumstances suggest the distinct possibility of such bias. (Emphasis added.) If I felt there were no mitigating circumstances that outweighed the aggravating circumstances, I would vote for the capital punishment, for death. The defense then asked him to identify mitigation evidence that would assure a life sentence. As defendant's expert, Dillehay, predicted, the process proved to be a highly effective tool for combating the impact of potentially prejudicial pretrial publicityone that yielded a qualified and impartial jury. With few exceptions, jurors did not actively follow the media coverage, and media facts did not contain the smoking-gun reports of particular concern in Irvin, such as confessions, results of lie-detector tests, and offers to plead guilty to avoid the death penalty. 1855, 75 L.Ed.2d 903 (1983) (citing Smith v. Goguen, 415 U.S. 566, 57475, 94 S.Ct. State v. Cheever, 295 Kan. 229, 241, 284 P.3d 1007 (2012), vacated and remanded on other grounds 571 U.S. , 134 S.Ct. Defendant raises five issues related to the district court's denial of his motions to suppress evidence obtained pursuant to pen registers, wiretaps, search warrants, and warrantless trash searches. However, Chidester testified the exhibit was identical to the e-mail she received on her computer. denied 519 U.S. 845 (1996); Plantz v. State, 1994 OK CR 33, 876 P.2d 268, 279 (Okla.Crim.App.1994) (trial court properly limited the defense's voir dire on what jurors would consider as mitigation); State v. Hill, 331 S.C. 94, 10304, 501 S.E.2d 122 (1998) (Morgan does not require voir dire on specific mitigating circumstances). The couple had a whirlwind romance, and married several months after they met. In this bill, the legislature defined judges of the district court to include district judges and district magistrate judges and granted them authority to exercise their powers from anywhere within their judicial districts. Considering the totality of the circumstances, we hold that the comment was harmless beyond a reasonable doubt. However, unlike the situation here, in those cases law enforcement from the foreign jurisdiction never received a request for assistance from the host jurisdiction. When reviewing the denial of a motion for mistrial founded on claims of juror misconduct, we consider whether the trial court abused its discretion in determining: (1) whether juror misconduct occurred and (2) if so, whether the misconduct substantially prejudiced [defendant's] right to a fair trial. State v. Armstrong, 299 Kan. 405, 442, 324 P.3d 1052 (2014). 1, 223 P.3d 780 (2010). Robinson challenges a number of Judge Anderson's evidentiary rulings on appeal. 213439(a)(6) and decide if the State's evidence was sufficient to establish the same. Tiffanys adoptive parents, Don and Helen Robinson, testified during Robinsons trial. Robinson challenges the sufficiency of the evidence supporting the State's lone aggravating circumstancethat defendant knowingly or purposely killed more than one person. John Robinson had four children with his wife, Nancy, and they all became productive members of society, according to an appeal filed in his case. See State v. Woods, 250 Kan. 109, 11718, 825 P.2d 514 (district court did not err in joining two separate complaints into one where there were factual relationships between the charges), cert. The record includes two articles warning of the dangers of online dating in the aftermath of the crimes, but these reports reflect opinions of a law enforcement officer and a journalist rather than community-wide sentiment. Cunningham could not completely rule out the possibility that Robinson might use deceit and manipulation to further a plan of escape, but he noted that Robinson had shown no propensity for flight and cited data illustrating the extraordinarily low percentage of successful escapes from maximum security prisons. Powered by. See City of Wichita v. Hackett, 275 Kan. 848, 853, 69 P.3d 621 (2003). She believed the address on the envelope was written by Trouten, but the return address was not. 223410 and K.S.A. See Bobo, 102 Ark.App. Sheila Faith had a baby girl named Debbie Lynn in 1978. "She was dirty," his wife remembered. 3, 218 P.3d 400 (2009) (An appellate court merely interprets the language as it appears; it is not free to speculate and cannot read into the statute language not readily found there.). Robinson does not suggest the Kansas Constitution affords him protections beyond those provided under the United States Constitution, and we have so far held that these state constitutional provisions are generally subject to the same analysis as their federal counterparts. On the sixth Skilling factor, none of the publicity of record clearly addresses the impact of the crimes on the community. We reverse his capital murder conviction charged in Count III and his first-degree murder conviction charged in Count V as unconstitutionally multiplicitous with the capital murder conviction in Count II. On May 22, 2000, Neufeld asked Robinson to return her sex toys, but he did not comply. The persons whose names Robinson forged read about the event in the newspaper and exposed Robinson as a fraud. Viewed in context, the response reflected an acceptable assessment of the evidence under Kansas' statutory weighing equation in K.S.A. Lewis declared that, based on her preliminary review, 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. During direct examination, defense counsel asked Cunningham whether Robinson would have access to the Internet. [Norman]: For some reason she had moved out of this house and my other sister, Michelle, and I had to clean it up and we found correspondence to where she was into the kinky sex. Rather than travel to Switzerland as originally planned, they had decided to go to California, pick up Robinson's new yacht, and sail to Hawaii first, so Robinson could relax before resuming his meetings. See, e.g., Bieghler v. State, 690 N .E.2d 188, 203 (Ind.1997) ( conscientious people who are faced with a life and death decision resort to their religious scruples in making such decision and [s]uch deep introspection neither violates principles of justice nor prejudices the defendant); Young v. State, 2007 OK CR 17, 11113, 12 P.3d 20 (Okla.Crim.App.2000) (juror discussion of biblical propriety of death penalty or their religious beliefs while deliberating death penalty is not offensive to defendant's Sixth Amendment rights); see also Perkins v. State, 144 So.3d 457, 496 (Ala.Crim.App.2012) ( [T]he situation where a juror quotes the Bible from memory assuredly would not be considered an improper influence. ); Lenz v. Warden of the Sussex I State Prison, 267 Va. 318, 33031, 593 S.E.2d 292 (2004) (denying habeas relief where a juror recited, by memory, the location of a Bible passage relating to the appropriate punishment for murder). Appx. The State presented persuasive forensic and circumstantial evidence that Robinson killed Lewicka at her apartment in Johnson County. 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. Rather than invalidating the statute, however, the court construed it to require the jury to be directed to impose the death penalty only if aggravating circumstances outweighed mitigating circumstances. Therefore, we hold that the district judge properly exercised his lawful discretion by refusing requests for a second continuance to prepare the guilt phase defense. Andrzej confirmed the accuracy of these exhibits, and Robinson does not controvert this testimony. 869, 71 L.Ed.2d 1 (1982) (The sentencer may determine the weight to be given relevant mitigating evidence.). 222503 in dicta, acknowledging the territorial limitation on extraterritorial search warrants applied to district magistrate judges only. 222616, 10 of the Kansas Constitution's Bill of Rights, and the Sixth and Fourteenth Amendments to the United States Constitution. While the order does not make separate findings between the statutory and constitutionally based theories in the motion, defendant [ ] never sought a more complete recitation or writing to explain Judge [Anderson's] venue rulings; and, if [he] thought the findings were insufficient for appellate review, [he] had an obligation to do so. Carr, 300 Kan. at 65. During that call, Robinson identified himself as Jim. Later that afternoon, law enforcement intercepted another telephone call from Robinson, posing as Jim Turner, to Remington. In short, [t]he upshot is that lengthy delays both aggravate the cruelty of the death penalty and undermine its jurisprudential rationale. 135 S.Ct. "May I see these?" In a similar vein, Robinson suggests Judge Anderson's failure to define the terms common scheme and course of conduct rendered the capital murder statute unconstitutionally vague, in violation of his due process and Eighth Amendment rights. See Longoria, 301 Kan. at 524; State v. Novotny, 297 Kan. 1174, Syl. The State offered no direct evidence that Debbie Faith witnessed her mother's murder. 460 (2014); Marshall, 294 Kan. at 863 (comments regarding witness' honesty not improper when tied to evidence); Chanthaseng, 293 Kan. at 148 (prosecutor's statements about the witness' credibility proper where based on reasonable inferences from evidence); State v. Duong, 292 Kan. 824, 83032, 257 P.3d 309 (2011) (prosecutor's statements about the victim's credibility proper where based on evidence). We hold there was no abuse of discretion. In this context, the best they can come up with remark was not an attempt to shift the burden of proof. The study was based on three telephone surveys: one of 400 Johnson County residents, one of 200 Harvey County residents, and one of 200 Ellis County residents. Nancy Jo Lynch. After the parties completed voir dire of each panel, the district judge ruled on challenges for cause. Lewis also said that, in order to make a credible diagnosis, she needed time to complete additional testing and evaluation, including psychiatric interviews; an MRI to assess possible brain changes over time; a PET scan to assess frontal lobe function; a neurologic evaluation; a comprehensive neuropsychological test battery; and a review of Robinson's background and social history. 213439(a)(6), Robinson completed the acts satisfying elements of the charged offenses only after enactment of the statute. In 1964 he moved to Kansas City and married Nancy Jo Lynch, who bore their first child, John Jr., in 1965, and . The foreman testified that at that point the sentence had been decided and all that remained was for him to sign the verdict form and inform the district judge. Robinson contends the prosecutor's suggestion that baby Tiffany was ripped from Stasi's arms was beyond the scope of the evidence. Robinson argues these remarks commented improperly on defendant's silence and injected remorse as a nonstatutory aggravating circumstance. Betty Stasi told her not to sign anything. 222503. Carolyn Trouten never saw or spoke to her daughter again. 3. Dillehay opined that such questions were properly excluded from the surveys because they do not produce reliable survey data. Trouten provided the information in a reply e-mail. Judge Anderson found the division-of-labor agreement frustrated the purpose of his orders. However, Judge Anderson did not construe Juror 271's testimony in this fashion. The court records gave these details on the other victims. While I agree with the majority that the prosecutor's closing comments were improper and that the misconduct does not warrant a reversal in this case, my concerns go beyond those expressed by the majority. The Eighth Amendment requires the sentencer, in all but the rarest kind of capital case, not be precluded from considering, as a mitigating factor, any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death. Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. Given that Robinson resided in and ran his businesses out of Johnson County, it is not surprising that the State's evidence overwhelmingly demonstrated that he carried out this common scheme or course of conduct almost exclusively within Johnson County. This common scheme or course of conduct began in the mid1980s and continued until Robinson's arrest in June 2000. As the State points out in its brief, a crime is completed when every element of the offense has occurred. He also confirmed that his personal views regarding sentence would yield to the judge's instructions on the law. See United States v. Guzman, 450 F.3d 627, 63132 (6th Cir.2006) (Critical to the ruling in Mach was the expert-like nature of the statements and the fact that the potential juror-expert vouched for the credibility of the prosecution's key witness, factors not present in this case. And, if not [defendant], then who? did not constitute prosecutorial misconduct; comment was made in the context of arguing that the death penalty was appropriate, given the circumstances of the crime, and was within latitude granted to prosecutors). John's father was an alcoholic and his mother was a disciplinarian. He didn't seem to care for the fact that I had other interests besides him. The defense called Cunningham to testify that Robinson would make a positive, nonviolent adjustment to prison. Cathy Norman's Testimony Regarding the Contents of a Writing. Who Is The Family Of Serial Killer John Edward Robinson? - MSN "What was the baby's name?" 'He didn't look dangerous': The truth about serial killer, con man John 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. Robinson later said the birth mother had decided not to place the child for adoption. On June 10, McClain was appointed to the District Court bench in Johnson County. She was a young teenager, and he asked her sexual questions and danced too closely, she said on the show. Robinson argues the prosecutor lacked a good-faith basis to assert as fact that defense counsel advised Cunningham not to produce a written report. As we have already stated, Judge Anderson conducted proceedings with great deference toward and respect for Robinson's fair trial rights. 300 Kan. at 75. Robinson argues the district judge erroneously denied his challenge of Juror 63, who he believed would be a certain vote for a sentence of death upon conviction. 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). 1. To do so, we first outline the relevant constitutional and statutory framework. 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. K.S.A. The trial court excused 268 of the 430 veniremembers (62 percent) based on their bias, and 8 of 12 jurors entered the box with preconceived opinions of guilt. Richmond v. Polk, 375 F.3d 309, 32931 (4th Cir.2004) (Morgan, 504 U.S. at 72930, does not require trial court to allow defendant an opportunity to ask prospective jurors if they would still consider mitigating factors and impose a life sentence once informed of his prior conviction for first-degree murder. Granted, a complaint drawn in the language of the statute[ ] shall be deemed sufficient. K.S.A. Reiterating the Harris standard, we stated: Here, the State was required to prove beyond a reasonable doubt the killings were part of the same act or transaction or two or more connected transactions. Even when Robinson served time in state prison in the late 1980s and early 1990s, the children visited him and their relationship remained strong. 214624(e) that directed a penalty phase jury to impose the death sentence if aggravating circumstances found to exist were not outweighed by mitigating circumstances found to exist. [I]t is apparent that the statutory limitations on the jurisdiction of city officers was put in place to protect the local autonomy of neighboring cities and counties, rather than to create an individual right, assuring that a person could only be caught breaking the law by an officer of the jurisdiction within which the crime was being committed. 301 Kan. at 813. That is not so. The Most Disturbing Details About John Edward Robinson In 1998, Robinson told his publishing broker, Karen Scott, he had hired his adopted daughter, Lewicka, as a graphic designer. Finally, Robinson suggests veniremembers' refusal to abide by the district judge's admonitions to avoid media coverage necessitated a finding of actual prejudice. After completing hardship inquiries on the first panel of 60 veniremembers, the defense moved to strike those jurors who failed to appear. In addition to trace evidence, law enforcement officers seized a number of Trouten's belongings from inside Robinson's trailer. Did the prosecutor's comments on matters not in evidence constitute prejudicial misconduct? 135 S.Ct. Jurisdiction to Issue Extraterritorial Search Warrant. Robinson lodged no objection. Robinson also used this mailbox to facilitate his fraudulent letter writing campaign aimed at Bonner's family. As the prosecutor discussed the timeline of events, he commented, We know that there [Robinson] is grinning like a Cheshire cat, within hours of Lisa Stasi having that baby ripped from her arms..
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