Stasi said here they come, and she hung up. During recross of Wissel, the defense asked if he had completed any independent investigation before handing the case over to Detective Scott. [Citation omitted. 213439(a)(6), Robinson completed the acts satisfying elements of the charged offenses only after enactment of the statute. Judge Anderson overruled Robinson's objections, allowing Mattingly to testify in accordance with the proffer. The district judge provided a limiting instruction so the jury would not consider the lessee's complaint for the truth of the matter asserted. K.S.A. Did Juror 147's Conduct Substantially Prejudice Robinson's Fair Trial Rights? They recovered a telephone bill for service at Robinson's Linn County property, which documented a long-distance call placed from Robinson's trailer on the morning of Trouten's disappearance. Law enforcement officers searched Lewicka's Edgebrook Apartment on October 12, 2000. In fact, the Supreme Court has observed that empirical studies support the opposite conclusion. Based on his extensive jury selection procedures and the voir dire testimony of seated jurors, Judge Anderson had a reasonable basis for concluding that the jurors selected could be impartial. 286, sec. L.1994, ch. When the prosecutor included the killings of Bonner, the Faiths, and Stasi in the complaint, all of the elements of capital murder were effectively pled, without considering the killing of Trouten. Comments before the Twenty-seventh Panel. Juror 14 responded: I think I could. State v. Gonzalez, 290 Kan. 747, 75556, 234 P.3d 1 (2010). The State concedes that Juror 147 engaged in misconduct. 20301a in 1976. In sum, we affirm Robinson's capital murder conviction charged in Count II. In doing so, we consider: (1) whether the misconduct was gross and flagrant; (2) whether the misconduct showed ill will on the prosecutor's part; and (3) whether the evidence was of such a direct and overwhelming nature that the misconduct would likely have had little weight in the minds of jurors. 298 Kan. at 774. 222401a did not warrant application of exclusionary rule); 2 LaFave, Israel, King & Kerr, Criminal Procedure 3.1(e), pp. Accordingly, defendant's crime was not completed until after the enactment of the statute. 130 Ore. at 472. The prosecutor has the duty to prepare a charging document that actually describes a valid crime and then the State must prove all of the elements of the charged crime beyond a reasonable doubt. Defendant's Challenge to Venue Instruction. A few months later, Larry Heath received a typewritten letter purportedly from Bonner, which was unusual because Bonner had always written letters by hand. As defense counsel continued to focus on his football field analogy, Juror 271 offered the following unsolicited remarks: I just think I could be impartial. Trouten provided similar descriptions of the job and travel opportunities to her father, aunt, and Michigan employer. State v. Longoria, 301 Kan. 489, 506, 343 P.3d 1128 (2015). In Brady, we held that a trial court may impose a hard 40 sentence for a first-degree murder conviction if the defendant knowingly or purposefully killed more than one person in the course of the charged murder. Robinson also argues Judge Anderson's voir dire rulings violated his federal constitutional rights under the Sixth, Eighth, and Fourteenth Amendments. Robinson's reliance on Haney is misplaced. You just didn't hardly find dirt under a baby's fingernails.". Despite the absence of error under these facts, we caution that similar instructions should conform with the statutory language, for under a different set of facts, the instruction may be deemed erroneous under the applicable standard of review. Courts have found such printouts acceptable for best evidence purposes, even where the e-mails have been forwarded. denied 132 S.Ct. We review best evidence and authentication challenges on appeal for an abuse of discretion. 222401a(5). Nov. 16, 1943 - Dec. 16, 2015 John Edward Robinson, 72, passed away on Wednesday, December 16, 2015. See People v. Doolin, 45 Cal.4th 390, 451, 87 Cal.Rptr.3d 209, 198 P.3d 11 (2009) (trial court did not err in denying penalty phase continuance to allow defendant to develop childhood abuse issues; defendant made no showing that he could produce specific, relevant mitigating evidence within a reasonable time); People v. Jenkins, 22 Cal.4th 900, 1038, 95 Cal.Rptr.2d 377, 997 P.2d 1044 (2000) (court within its discretion to refuse continuance to allow penalty phase consultant time to undertake investigation of character and background where defendant did not demonstrate it would produce specific relevant mitigation evidence); People v. Chapman, 194 Ill.2d 186, 24142, 743 N.E.2d 48 (2000) (trial court did not abuse discretion in denying 60day continuance 3 weeks before trial to allow penalty phase expert to develop mitigation case where previous continuance had been granted and defendant failed to show how expert testimony would have added to the mitigation evidence); State v. Rimmer, 250 S.W .3d 12, 41 (Tenn.2008) (no error in denying continuance to allow expert to develop mitigation evidence where defendant failed to show what, if any, mitigation evidence would have been uncovered had continuance been granted). To make that determination, the appellate court must consider whether the subject instruction was legally and factually appropriate, employing an unlimited review of the entire record. State v. Herbel, 296 Kan. 1101, 1121, 299 P.3d 292 (2013) (quoting State v. Williams, 295 Kan. 506, Syl. [DEFENSE COUNSEL]:police officer has the edge? Robinson's challenge necessarily, but incorrectly, presumes the curtilage extended to the four corners of his entire property. In total, 95 of the 259 panelists were excused, in whole or part, due to bias related to pretrial publicity and 93 panelists were excused, in whole or part, based on their disqualifying death penalty opinions. As to the first factor, Robinson placed his trash container at curbside, near the end of his asphalt parking pad at the outer edge of his property. Robinsons brother Don and Dons wife raised Tiffany Stasi as their own, renaming her Heather Tiffany Robinson, unaware that Dons brother had allegedly murdered the childs mother. State v. Tosh, 278 Kan. 83, 90, 91 P.3d 1204 (2004) (A prosecutor should not make statements intended to inflame the passions or prejudices of the jury or to divert the jury from its duty to decide the case based on the evidence and the controlling law.). Both murders were committed subsequent to the enactment of the capital murder statute. I don't have the money to pay the bank all the back payments. Defendant later fell out of compliance and was arrested in Missouri in March 2007. During the search of Robinson's Olathe storage unit, law enforcement officers seized several items relevant to the disappearances of Trouten, Lewicka, and Sheila and Debbie Faith. denied 268 Kan. 848 (1999); United States v. Martinez, No. One was called "The Heavy Duty New Identity," and the other was entitled, "New ID: How to create a foolproof new identity." Juror 184 responded, Well, yes, sir. 109,760, 2014 WL 3843088, at *7 (Kan .App.2014) (unpublished opinion) (law enforcement could search trash bags set out at curbside for collection), rev. In September, Robinson called his publishing broker, Scott, looking for a new graphic designer. Robinson's argument arises under Instruction No. McClain handled the Back Care case through preliminary hearing on May 29, 1985. 214624(e) unconstitutional. Taylor identified State's Exhibit 14 as one of the e-mails she received from Tom at preipo@usa.net. Robinson's construction of K.S.A. Once in Kansas, Robinson helped Lewicka establish herself. Here, Juror 147 consulted the Bible personally and did not engage in conversations with any nonjuror, let alone his personal minister, about the Bible's stance on the death penalty. 11 failed to include the statutory presumption under K.S.A. 621830 (Corrick), the predecessor to K.S.A. Obermeier endorsed Godfrey as a witness because she had purportedly signed one of the sham affidavits. 2218, 167 L.Ed.2d 1014 (2007). 405 N.J.Super. 60460(a). However, K.S.A. However, Judge McClain made this comment while disclosing his previous investigation and prosecution of Robinson in a financial crimes case. 2896, 177 L.Ed.2d 619 (2010). In fact, the State did not dispute that Hall's prior conduct constituted a criminal offense. We have not previously addressed a neutral and detached magistrate challenge under these particular facts. Robinson argues the Kansas Death Penalty Act, including K.S.A. In January 2006, he informed Illinois he was moving to Oklahoma, and he registered in that state the following month. 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. On the morning of March 2, 2000, the day after Trouten's disappearance, Remington received an e-mail from Trouten's Hotmail account. 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. He issued a warrant from within the territorial boundaries of the Tenth Judicial District to search Robinson's Linn County property, located in the Sixth Judicial District. However, after defense counsel provided a more detailed explanation of the penalty phase process and the jury's duty to weigh aggravating and mitigating circumstances, Juror 39 confirmed she would consider defendant's mitigating circumstances, including his character and background, in arriving at a sentencing decision. 223410 entitles parties to challenge any prospective juror for cause. K.S.A. However, defendant did not specify how [law enforcement officer's] testimony was inconsistent with the statements recorded on the video or even explain how [law enforcement officer's] testimony could have been impeached by the video. 300 Kan. at 438. On the morning of April 26, Robinson told Neufeld he was leaving for a business trip in Israel and wanted to discuss a plan for her to move to Kansas. Nevertheless, even using the majority's liberal concept of nexus, Trouten's murder does not fit. 2. 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. 20301a requires judges of the district court to exercise their powers within the territorial boundaries of their judicial districts. Carr, 300 Kan. at 69. 222602 states that [e]xcept as otherwise provided by law, the prosecution shall be in the county where the crime was committed., However, in some instances, it may not be apparent where a crime was committed. During his trial, his family said they knew him as a loving man. 20301a as a limitation on district judges' authority to issue extraterritorial warrants would render the legislature's 1976 adoption of House Bill 3186 and 1979 adoption of House Bill 2046 meaningless. Taylor testified Robinson, posing as Tom, later began contacting her by phone. Instead, Judge Anderson granted the continuance, providing defense counsel roughly 1 full year to prepare for trial. Robinson also highlights the prosecutor's comments to the thirteenth small group panel on September 23, 2002, when he asked prospective jurors 85 and 87 if they could set aside the information they learned and any opinions formed as a result of exposure to pretrial publicity and decide the case based on the evidence presented at trial. State v. Lamb, 209 Kan. 453, 46869, 497 P.2d 275 (1972) (quoting K.S.A. To resolve the challenge, we must construe the meaning of the phrase common scheme or course of conduct under K.S.A. Specifically, Robinson contends: (1) District Judge Larry McClain was not neutral and detached; (2) he lacked jurisdiction to issue extraterritorial search warrants; (3) law enforcement officers exceeded their territorial jurisdiction; (4) law enforcement officers' trash searches violated defendant's reasonable expectation of privacy; and (5) wiretap orders were issued without a sufficient showing of necessity. Unlike former K.S.A. The one constant in Juror 253's testimony was uncertainty. However, when the prosecutor asked if the possibility of parole after 25 or 50 years would cause her to disregard the court's instructions and allow it to influence her sentencing decision, she said, [T]here are rules of law to follow. K.S.A. More importantly, the federal rule specifically contemplates that [f]or electronically stored information, original means any printoutor other output readable by sightif it accurately reflects the information. Fed.R.Evid. Therefore, if Kleypas was wrongly decided, and the Supreme Court of the United States says it was, then the correct decision in Kleypas would have been to uphold the statute as written. In July 1985, Donald and Helen received a package from Robinson containing final adoption paperwork, including a Petition for Adoption, Decree of Adoption, birth certificate, and other documents. See State v. Warbritton, 215 Kan. 534, Syl. The district judge spent the next 5 hours conducting a thorough examination of each juror to assess the extent to which each or the group had relied upon the Bible in the course of deliberations. The coroner testified both were killed by blunt-force trauma to the head. 222401a). 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. Second Renewed Motion for Venue Change. [Because this is a death penalty case, this court is empowered to notice and discuss unassigned potential errors under K.S.A. However, the State had later provided a will call list that narrowed down those most likely to testify to around 200. However, he said Stasi had recently come to his office to give him the motel key. Robinson suggests these decisions stand for the proposition that a magistrate lacks neutrality and detachment where any facts between the former prosecution and current investigation overlap. Robinson also highlight's Juror 184's statement that he expected the defense to put on mitigation evidence. 213422a, defined interference with parental custody as leading, taking, carrying away, decoying or enticing away any child under the age of 16 years with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child., Count VIThat on or about the 10th day of January, 1985, in the County of Johnson, State of Kansas, JOHN EDWARD ROBINSON, SR., did then and there unlawfully, feloniously and intentionally take or carry away a child under sixteen (16) years of age, to-wit: Tiffany Stasi, who was then in the custody of a parent, to-wit: Lisa Stasi, with the intent to deprive the parents, Lisa and/or Carl Stasi of the custody of the child, and said child was taken outside the State of Kansas without the consent of said parents or the court, and the fact of such crime was actively concealed by JOHN EDWARD ROBINSON, SR., until July, 2000, in violation of K.S.A. As discussed in the previous challenge, his responses reflected a proper consideration of the evidence under the statutory weighing equation. Model inmate, somebody who should be allowed to peacefully live out his life in prison, somebody who won't be a threat. 2004, 129 L.Ed.2d 1 (1994). Defense counsel argued that the line was needed because it was possible such evidence could inadvertently spill over into trial. However, we rejected this argument because Kleypas failed to take advantage of provisions within the capital sentencing scheme allowing him to question jurors about his criminal record and remove those biased at the start of the penalty phase: K.S.A. 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. MICHAEL J. MALONE, Senior Judge, assigned.1. Robinsons father was a binge drinking machinist and his mother was a homemaker, according to CourtTV. Robinson said he knew an adoption attorney, Doug Wood, and would handle the process for his younger brother. Five factors, including the third, fourth, sixth, seventh, and ninth, favored denial of each of defendant's motions for venue change. 763 F.2d at 908. 2516, 165 L.Ed. Robinson offers no support for his claim that the prosecutor lacked a good-faith basis for her questioning, and even if he did, the expert's testimony on direct implied that he had not researched KDOC policy specifically, providing the prosecutors with a good-faith basis for the inquiry on cross-examination. We hold the improper comment was not gross and flagrant. Shadden, 290 Kan. at 817. On the sixth Skilling factor, none of the publicity of record clearly addresses the impact of the crimes on the community. Law enforcement officers had already issued subpoenas to defendant's telephone carriers and analyzed pen register data tracking calls from his home and cellular phone, but they needed to ascertain the substance of Robinson's conversations with the women he targeted to advance the goals of the investigation. When faced with a claim of actual prejudice, a trial court must review the media coverage and the substance of the jurors' statements at voir dire to determine whether a community-wide sentiment exists against the defendant. See Carr, 300 Kan. at 149 (jury free to consider evidence offered in support of one charge in considering separate felony-murder charge, where all charges properly joined together in a single complaint); State v. Cromwell, 253 Kan. 495, 50910, 856 P.2d 1299 (1993) (where charges tried together, evidence of defendant's commission of charged offense admissible to support other charges). Nevertheless, he expressed little concern with Robinson's history of computer use in prison because he would be placed in a maximum security setting, which he presumed would offer Robinson little to no opportunity to have unsupervised access to the Internet. at 60607. denied 278 Kan. 852 (2004); see also United States v. Johnson, 354 F.Supp.2d 939, 956 (N.D.Iowa 2005) (where jurors' identities known by parties, procedure might be described as innominate, rather than anonymous' ), aff'd in part 495 F.3d 951 (8th Cir.2007). McClain arrived 10 minutes later and saw two Pekingese dogs inside a small-medium-sized carrying kennel located just outside the office. See Novotny, 297 Kan. at 118990 (assuming prosecutor's comment on defendant eye-balling the witnesses was misconduct).

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