As mentioned above, in State v. Kleypas, 272 Kan. at 101618, we found unconstitutional as applied the provision contained in K.S.A. Satisfactory adjustment to prison, community safety. In February 1998, Robinson contacted Jennifer Boniedot, a property manager for the Deerfield Apartment Complex in Olathe. Here, the State alleged, argued, and proved that all of the murders in Counts II and III were tied together by the same common scheme or course of conduct. Judge Anderson renumbered the remaining seven counts, which were tried to the jury. Robinson argues this remark was an indirect and impermissible comment on Robinson's right to remain silent. This one wasn't. Warrantless Searches of Robinson's Trash. Then the prosecution fully explored topics of bias, pretrial publicity, and the death penalty with the panel members. The tools were seized in close physical and temporal proximity to the discovery of the bodies and the trace evidence. The Tenth Circuit stands alone in requiring applicants to address all traditional investigatory techniques with particularity. 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. 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. 555, 56062, 20 P.3d 993 (2001), aff'd on other grounds sub nom. So I do believe I can do that., Defense counsel told Juror 14 that his questionnaire responses suggested he would automatically vote for the death penalty upon conviction, but Juror 14 disagreed, I don't think I'm 100 percent settled on punishment. We've had two former students that were tied up with Mr. Robinson, one of them is Ms. Stasi who he's on trial for first degree murder and the second is Paula Godfrey. Did the prosecutor improperly shift the burden of proof? Kleypas, 272 Kan. at 1103. at 2756 (Breyer, J., dissenting). Robinson first argues the penalty phase instructions created an unreasonable risk that the jury would fail to recognize it must find that aggravating factors outweighed mitigating factors beyond a reasonable doubt in order to impose a death sentence. Moreover, the decision we announce today is in large part a product of Judge Anderson's conscientious commitment to Robinson's fair trial rights. Was Judge Anderson's juror numbering system improper? To balance these competing interests, the district judge explored the possibility of having the DPDU remain in the case as cocounsel. 213507, and that Glines' testimony regarding his solicitation to commit adultery constituted an attempt to commit that crime. John Edward Robinson - the Slave Master - Serialkillercalendar.com A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. 276 Kan. at 822 (quoting Grayned v. City of Rockford, 408 U.S. 104, 10809, 92 S.Ct. Common Scheme or Course of Conduct as Unconstitutionally Vague. 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). His overall statements did not reflect blind adherence to the testimony of law enforcement officers over lay witnesses. Would you agree that that's his lure of choice? (Emphasis added.). Finally, the comments would have supported little weight in the minds of jurors. Alleged Failure to Convey that Each Juror Could Find Mitigating Circumstances. During cross-examination, defense counsel effectively challenged the reliability of this correspondence as proof of Sheila Faith's interest in BDS & M, highlighting the fact that Norman found the writing more than 20 years prior, that she saw no other evidence of BDS & M activity at the time she found the writing, and that she had not encountered any new information since then suggesting her sister held an interest in this subculture. Instead, he focuses on the district judge's denial of subsequent motions for a second continuance. 222503. As to the second challenged statement, a careful reading of the record suggests prosecutor Morrison, who was questioning Juror 344 at the time, was actually reading or summarizing the veniremember's questionnaire response, not explaining the sentencing process to veniremembers. ROBINSON Genealogy | WikiTree FREE Family Tree Such speculation is insufficient to demonstrate error. When asked how strong the mitigation evidence needed to be to vote for life, Juror 149 said it depended on the court's instructions. For example, defense counsel asked Juror 283 whether she could realistically consider a life sentence knowing the victims in this case were women, after her questionnaire responses expressed that people who prey on innocent women are sick and evil. 222401a(5). McClain testified as to the delivery of the documents only. 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. Rizzo, the former reporter, told a story about how, in 1977, a big banquet was held in Robinson's honor in downtown Kansas City at a hotel and he was awarded "Man of Year" for the great work he'd done. L.1994, ch. Robinson's Third Request for Continuance. 1190, 108 L.Ed.2d 316 (1990). All of these events were part of the guilt phase of the case. Instead, we held that a request for assistance alone satisfies the technical requirements of the statutory exception, regardless of the surrounding facts and extraneous circumstances. As a small child, Robinson grew deeply attached to his infant brother. Defense counsel cut off Juror 173 and moved to strike the panel, arguing the comments tainted all panelists because Paula Godfrey was not one of the victims identified in the Complaint and evidence of Robinson's involvement in her disappearance would be inadmissible at trial. Com., No.2008SC000465MR, 2009 WL 4251649, at *910 (Ky.2009) (unpublished opinion) (curative instruction cured taint from juror's use of the Bible during deliberations). A neutral explanation should be given, and the jury should be instructed that the use of numbers instead of names should in no way be interpreted as a reflection of the defendant's guilt or innocence. State v. Brown, 280 Kan. 65, 74, 118 P.3d 1273 (2005). 214704 and K.S.A. State v. Kesselring, 279 Kan. 671, 682, 112 P.3d 175 (2005).The court treat[s] the question of whether a case presents a multiple acts issue as one of law over which [it has] unlimited review. State v. King, 299 Kan. 372, 379, 323 P.3d 1277 (2014). 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. She testified on his behalf when he was convicted of fraud in Johnson County in 1986. He doesn't care anything about anybody but himself. We disagree. 79. That says it all. Like K.S.A. Following his release in the 1990s until his arrest, Robinson published a mobile home trade magazine called Manufactured Modular Home Living through his company Specialty Publications, the court decision says. Even when Robinson served time in state prison in the late 1980s and early 1990s, the children visited him and their relationship remained strong. However, Judge Anderson believed the case-specific questioning should be compartmentalized, raising those facts during questions about bias rather than sentencing. Robinson argues this ruling is inconsistent with Judge Anderson's decision to allow Detective Brown to testify, over Robinson's hearsay objection, to Carolyn Trouten's declarations concerning the last time she spoke to her daughter. She testified at his trial, and her testimony was abbreviated in an appeal filed in his case in 2015. Taylor jokingly told Remington to ask Jim Turner whether he had any single friends interested in a BDS & M relationship. In Outler, the magistrate, who had prosecuted defendant for prescribing scheduled drugs without a license 3 years prior, issued a warrant in his capacity as a judicial officer to search defendant's medical office in a later investigation of defendant's practice. There we found the prosecutor engaged in misconduct by lodging inflammatory questions that lacked a good-faith factual basis and were never intended to elicit a substantive response. Stasi said she might even get to travel as part of the job training program, the court records say. Appx. The majority of federal circuits addressing the issue have adopted the same rationale. Even though you're not going to be sequestered, we're going to be helping you in following these admonitions; and you've all gotten the numbers, and we've been using numbers rather than names. After Robinson's trial, in Marsh, 548 U.S. at 17073, the United States Supreme Court found the statutory weighing equation had been constitutional as enacted, i.e., a sentence of death could be imposed so long as aggravators were not outweighed by mitigators. 214624(e) unconstitutional on its face. Robinson again cites Jackson, 107 Ohio St.3d 53, where the Ohio Supreme Court held that the trial judge should have informed jurors the victim was a 3yearold child, which would have elicited more informed responses to abstract questions regarding their impartiality. During his trial, his family said they knew him as a loving man. Tiffanys adoptive parents, Don and Helen Robinson, testified during Robinsons trial. 222401a? Juror 184 also disclosed that his son was a police sergeant in Kansas City, Kansas. Did the prosecutor improperly comment on Robinson's demeanor? Meanwhile Robinson is beating his wife Nancy and starving his dog and 2 horses. His way is manipulation, his way is deceit that often ends in tragic consequences. Although Gleason's argument as to this issue is murky, he seems to suggest that there is no evidence the murders are related because there is no evidence he and Thompson talked about killing Wornkey or that Thompson knew Gleason intended to kill Wornkey, and no evidence he and Thompson talked about killing Martinez on the way to Great Bend or that Gleason knew Thompson intended to shoot Martinez. Also, the juror in Hensley was still struggling with the sentencing decision when he conferred with the pastor. Delo testified that Robinson also took advantage of several educational and training opportunities. Once again, unbeknownst to Trouten's family, Robinson had made arrangements for several letters to be mailed from Mexico in May 2000. Lewicka told Pam Sadewhite, who owned a graphic arts company that did work for Robinson, that Robinson was her uncle, but Sadewhite saw them flirting and touching one another in a manner that suggested otherwise. To frame the issue properly, it is important to understand the procedural history giving rise to the challenge. During voir dire of the twenty-second small group panel, prosecutor Morrison made the following comments while describing the capital sentencing scheme: The second phase is after a defendant has been convicted of capital murder. With this standard in mind, we turn to the analysis of each challenge. Was the Evidence Sufficient to Support the State's Aggravating Circumstance? More generally, K.S.A. Both parties presume the challenged e-mails constitute writings and were offered to prove their content. United States v. LaraRamirez, 519 F.3d 76, 8889 (1st Cir.2008) (no per se rule that juror discussion of the Bible in the jury room during deliberations creates an incurable taint). L.1976, ch. The number of jurors ultimately seated who had to set aside their earlier opinions was half of that who would have had to do so in Irvin; and none of them expressed community outrage. The argument is wholly unpersuasive in light of the appellant's venue study, venue challenge on appeal, and the arguments the defense advanced at trial in opposition to sequestration, including its support for the juror numbering system in lieu of sequestration. 223414(3); State v. Briseno, 299 Kan. 877, 882, 326 P.3d 1074 (2014). Each party may challenge any prospective juror for cause. K.S .A. Nancy further testified that the family would continue visiting Robinson in prison, and that they were devastated he was incarcerated. 381, 387, 418 N.W.2d 472 (1988) (premeditation can be founded on circumstantial evidence of organized planning and conduct prior to or after killing); see also State v. Kettler, 299 Kan. 448, 467, 325 P.3d 1075 (2014) (defendant's conduct before and after crime is relevant factor in deciding whether evidence gives rise to inference of premeditation). Third, the record confirms this area was utilized to discard trash, but there is scant evidence suggesting the area was put to other uses. However, when defense counsel initially described the football analogy, Juror 39 inquired, Are you asking if I would be open-minded? Defense counsel said, No. Defense counsel never asked if Juror 39 could set aside information obtained from the media, presume Robinson innocent, and decide the case on the evidence. On September 3, the insurance policy Robinson placed on Lewicka's vehicle lapsed because of nonpayment of premium. Robinson also suggests that the prosecutor's final remark[I]f not him, then who?appealed to the jurors' sense of duty to maintain the death penalty as a viable sentencing option under state law, contrary to our holding in Scott, 286 Kan. at 79 (Prosecutorial comments that tell jurors to honor their oath and return a verdict of guilty impliedly suggest that to do otherwise would be a violation of such duty and are improper.). 300 Kan. at 8081. Steven J. Obermeier assumed the prosecution of the Back Care case from that point forward. First, the trial court must decide if there is some fundamental failure of the proceeding. In December 1993, Robinson, posing as Jim or James Turner, applied for a mailbox under Bonner's name at The Mail Room in Olathe. Sufficiency of the Evidence Supporting Counts I and V. When sufficiency of evidence is challenged in a criminal case, our standard of review is whether, after review of all the evidence, examined in the light most favorable to the prosecution, we are convinced that a rational factfinder could have found the defendant guilty beyond a reasonable doubt. [Citations omitted.]

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