They were not conditions precedent for the existence of a common scheme or course of conduct in any case charged under K.S.A. [A] journal entry is merely a record of the sentence imposed and the sentencing court has no jurisdiction to change the sentence after pronouncement. Garcia, 288 Kan. at 766. Robinson claimed that Stasi and Tiffany left with a young Caucasian male.. To frame the issue properly, it is important to understand Judge Anderson's rulings pertaining to the scope of voir dire and the events giving rise to them. 4. Second, at KDOC, Robinson received a written infraction for using a typewriter to draft 17 grievances that he distributed to other inmates. Resides in Port Huron, MI. 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 my view, Kansas is fortunate to have so many competent attorneys who are willing to engage in public service as prosecutors. Finally, Robinson contends the LPD and Overland Park Police Department (OPPD) lacked territorial jurisdiction to execute the warrants to search Robinson's residence and storage unit located within the territorial boundaries of the city of Olathe. That's the question.. Larry Heath continued to receive similar typewritten letters every 3 to 4 months. On March 24, 2000, an e-mail from Trouten's Hotmail account was sent to several members of Trouten's family, including her aunt, Chidester; her sister, Kim Padilla; her brother, Michael Trouten; and her father's girlfriend. However, the subjective standard is appropriate here, as the court considers whether the juror can actually serve impartially, and the objective standard of prejudice applied to ineffective assistance claims is inapplicable. We see no error in the district judge's limitation on such questioning. We reversed the district court, stating: The risk need not be contemporaneous with the homicide, but it must occur in the course of committing the charged murder. Cunningham had testified as an expert on more than 150 occasions. denied 225 Kan. 845 (1978). In Count I of the Fourth Amended Complaint, the State alleged: That between the 12th day of February, 2000, and the 1st day of March, 2000, in the City of Lenexa, County of Johnson, State of Kansas, JOHN EDWARD ROBINSON, SR, did then and there unlawfully, knowingly, willfully and feloniously take a person, to wit: Suzette Marie Trouten, by force and or threat and or deception with the intent to hold such person to inflict bodily injury on another, to-wit: Suzette Marie Trouten, and did inflict bodily harm on Suzette Marie Trouten, a severity level 1 person felony, in violation of K.S.A. The court records gave these details on the other victims. Whether K.S.A. She was separated from her husband Carl, was only a teen herself, and he told her he could get her into a job-training program in Texas, according to The Chicago Tribune. He also noted his personal views would be subject to and limited by further instructions from the court. The district judge's reference to the delay that followed Thomas' entry of appearance and the appointment of cocounsel was an accurate account. Cox declined Robinson's offer to stay at the apartment. [YOUNG]: As I said, it's not something that you would determine from an autopsy.. 135 S.Ct. Robinson cites State v. Atkins, 405 N.J.Super. Prior to sentencing, defendant sought a 1month continuance to compensate for delays in funding for a sex offender evaluation expert. Robinson cites multiple dictionary definitions of the words common, scheme, course, and conduct in an effort to illustrate the terms have varied meanings and require further definition. 209 Kan. at 469. In fact, in analyzing Robinson's venue challenge, we held that the published reports did not warrant a finding of presumed prejudice throughout the venire. 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.] He was not attempting to implicate Nancy Robinson in her husband's criminal activity. Stay up-to-date with how the law affects your life. Finally, the affidavit included averments describing Robinson's connection to and possible involvement in the disappearance of Paula Godfrey, who allegedly signed one of the sham affidavits in the Back Care case. Thereafter, he was transferred to the Western Missouri Correctional Center for 22 months. 696 F.2d at 955. The State presented ample evidence that Robinson lured his victims with promises of financial gain, employment, or travel; exploited them sexually or financially; used similar methods to murder and dispose of their bodies; and used deception to conceal the crimes, including phony letters and e-mails to victims' friends and family members. This time, defense attorney Pat Berrigan appeared to be surprised. 213106(6) might have something to do with the question presented to us in this case, it actually confirms that the murders of Bonner, the Faiths, and Stasi should be deemed committed before the adoption of the death penalty. And does everybody here understand that's really kind of why we're asking these questions, because the law doesn't expect everybody to, you know, have a totally blank mind and not to have ever heard anything about a case. The Supreme Court has acknowledged that an adequate voir dire is essential to the realization of these due process protections. ", On the day her husband was arrested, she said, two detectives came into her office and told her they needed to speak in private. However, K.S.A. Nov. 16, 1943 - Dec. 16, 2015 John Edward Robinson, 72, passed away on Wednesday, December 16, 2015. This one wasn't. Robinson shared stories of his BDS & M liaisons with Carlos Ibarra, a maintenance employee at Santa Barbara Estates, and showed him nude photographs of a girlfriend depicted in BDS & M poses. The record confirms the prosecutor's good-faith basis for the inquiry. Kleypas, 272 Kan. at 1103 (defining mitigating circumstances as those which justify a sentence of less than death or reduce moral culpability or blame). Some of the litter appeared to have absorbed a dark fluid. Due to the state of decomposition of Lewicka's body, Thompson was unable to compare the print to Lewicka's. State v. Williams, 299 Kan. 509, 525, 324 P.3d 1078 (2014). To the extent resolution of this issue requires interpretation of the capital sentencing statutes or application of caselaw, our review is unlimited. State v. Burnett, 293 Kan. 840, 847, 270 P.3d 1115 (2012). Wesley Medical Center v. McCain, 226 Kan. 263, 266, 597 P.2d 1088 (1979). Robinson also argues that the e-mails did not constitute the best evidence because there were signs of possible alteration. K.S.A. Even if one is seduced by the majority's interpretation of the capital murder statute, I contend that my present-tense interpretation is certainly a reasonable reading of the statute. Factual and Procedural BackgroundGuilt Phase. Robinson argues the comment that's the best he can come up with had the effect of shifting the burden of proof to the defendant. We reverse his capital murder conviction charged in Count III (Izabela Lewickas death) and his first-degree murder conviction charged in Count V (Lisa Stasis disappearance) as unconstitutionally multiplicitous with the capital murder conviction in Count II. You can read that extremely lengthy decision here. 214624(e) (Furse 1995). Defendant again challenges the ruling on Juror 33 (challenged above as one who would automatically vote for death), claiming he would lean toward a sentence of death upon conviction. The parties have stipulated that Judge McClain had no knowledge whatsoever concerning the defendant's suspected involvement in any homicides or abductions' and that since assuming the bench in June of 1985, Judge McClain has handled a civil docket exclusively and has disengaged from any law enforcement related activities, other than presiding over various applications for search warrants, wiretaps, and pen registers. . Beard v. AbuJamal, 558 U.S. 1143 (2010). Taylor and Robinson, posing as Tom, continued to communicate and discuss BDS & M topics via e-mail. State v. Raskie, 293 Kan. 906, 91718, 269 P.3d 1268 (2012) (once misstatement of law established, analysis shifts to prejudice inquiry). The child fell ill and died, and Robinson's mother blamed him for the death. Judge Anderson delivered the supplemental instruction to the jury and released them to continue deliberations. However, both of these correctional officials told Cunningham that Robinson fraudulently altered documents containing their signatures and used them to bolster his position before the parole board. Robinson next challenges the sufficiency of the evidence supporting his first-degree premeditated murder conviction for the killing of Lisa Stasi, as alleged in Count V. Robinson believes the evidence was insufficient because Stasi's body was never found and that the evidence does not tie him to her disappearance. However, after the parties explained the jurors' role in a capital proceeding, Juror 229 said her views had changed and she would realistically consider both sentences. 222202(14); K.S.A. Moreover, the prosecutor immediately clarified that he had not intended for his remarks to be construed as a statement on the presumption of innocence. Robinson's argument in support of clear error focuses on the forensic evidence suggesting a greater probability that Robinson killed Trouten in Linn County than in Johnson County. 1, 256 P.3d 801 (2011), cert. The sentencing judge thus lacked jurisdiction to make such a designation sua sponte in the journal entry. However, the venue instruction was incomplete, inaccurate, and confusing. The comment does not evidence a lack of neutrality and detachment. Juror 316 said he had no viable solutions but shared in his questionnaire the belief that the appeals process should be streamlined. Robinson next argues the trial court applied an impossibility of fair trial standard under K.S.A. 1. 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. During the second phase of jury selection, Judge Anderson assigned veniremembers to small group panels for questioning on bias related to pretrial publicity and the death penalty. Earlier that summer, Robinson convinced another paramour, Barbara Sandre, to move from Canada to Kansas. The district judge sustained the objection, explaining that the prosecutor was beginning to move past a discussion of the aggravating circumstance and entering into victim impact. He claimed his name was John Osborne and picked up Lisa and Tiffany at Lisas sisters home. On January 8, Stasi dropped Tiffany off at Klingensmiths home and told her she had met a man named John Osborne, who was going to help her get a job and finish her GED. at 2758 (Breyer, J., dissenting). 2516, 165 L.Ed.2d 429 (2006). On October 12, 2000, law enforcement officers searched Lewicka's apartment for trace evidence. 1. 153 F.3d at 1206. Kansas has yet to execute anyone since the 1994 adoption of the current capital murder statute, so the average time between sentencing and execution in this State is currently incalculable. The State concedes that Juror 147 engaged in misconduct. Robinson argues the prosecutor improperly utilized imaginary scripts: (1) during closing argument when the prosecutor advanced the rhetorical question, And one must wonder, did that poor, fat, disabled Debbie Faith, did she watch her mom get killed?; (2) during closing argument when the prosecutor said, We know that there he is grinning like a Cheshire cat; within hours of Lisa Stasi having that baby ripped from her arms.; and (3) during closing argument when the prosecutor made argument based on a letter Robinson purportedly sent to victim Lisa Stasi's brother, which was not admitted into evidence. All of Robinsons children grew to be productive and contributing members of their communities., Robinson was also involved in the lives of his grandchildren. Before obtaining the warrant, LPD discussed the search with the Linn County Sheriff's Department (LCSD). The appellate court reviews relevancein particular, the probative elementof K.S.A. Also, in making the determination as to whether an error was harmless, it is important to recognize that the question for the reviewing court is not what effect the constitutional error might generally be expected to have upon a reasonable jury but, rather, what effect it had upon the actual verdict in the case at hand. There, defendant argued city police officers exceeded their authority by executing a search warrant beyond their territorial boundaries defined in K.S.A. The burden of proof is on the party alleging the discretion is abused. Courts or governors are 130 times more likely to exonerate a defendant where a death penalty is at issue and 9 times more likely where capital murder, rather than noncapital murder, is at issue. 214625 and amendments thereto exist and, further, that the existence of such aggravating circumstances is not outweighed by any mitigating circumstances which are found to exist, the defendant shall be sentenced to death; otherwise, the defendant shall be sentenced as provided by law. Manning, 270 Kan. at 691. He drank it all away. In other words, [t]he research strongly suggests that the death penalty is imposed arbitrarily. 135 S.Ct. He mentioned the letter on only one occasion, drawing no objection from the defense. Glines received a package containing three pastel-colored envelopes from Robinson on March 27. The baby was gone too. Judge McClain's Former Prosecution of Robinson. Nancy Robinson learned of her husband's relationship with Lewicka in 1997. During the rebuttal portion of the State's closing argument, the prosecutor responded to Robinson's argument challenging the State's evidence that Robinson murdered Stasi. a. ] 300 Kan. at 57. 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. 213422 and amendments thereto; or. Through the remarks, the prosecutor tied together the purpose of the penalty phase, i.e., narrowing the class of death-eligible capital murders, with the State's aggravating circumstance evidence that Robinson had killed six people. She testified on his behalf when he was convicted of fraud in Johnson County in 1986. 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. He reviews various cases and statutes in which the phrases have been used and concludes that collectively they demonstrate no one meaning can be identified. 276) (Plaintiff may not argue a general issue not discussed in the opening portion of plaintiff's closing argument, unless in rebuttal.) The general rule, however, is not applied in a rigid fashion and has evolved to give trial courts a modicum of discretion to allow a more substantial rebuttal which is not so narrowly tailored to the scope of defense counsel's summation. Bailey v. State, 440 A.2d 997, 1003 (Del.1982); see State v. Rosa, 170 Conn. 417, 428, 365 A.2d 1135 (no rigid requirement that a prosecutor's final summation must be limited solely to rebuttal of matters raised in the defendant's argument.), cert. Given this testimony, Robinson believes Judge Anderson's finding that voir dire could overcome community bias is unsupported by record evidence. However, courts have not found jurors' use of the Bible during deliberations to be immune to curative instruction. The parties agreed to release the 14 jurors with the highest assigned juror numbers. The State attempts to distinguish Flournoy, arguing the prosecutor's comments there were unsupported and concerned the victim's possible last thoughts rather than the events she may have witnessed. 1698 (2015). a trial court need not define every word or phrase in the instructions. Thus, the weight of this factor in the overall analysis is diminished. [DEFENSE COUNSEL]: You'd try to keep an open mind? Robinson claims the prosecutor committed several acts of misconduct that deprived him of his right to a fair penalty phase proceeding and requests the court vacate his death sentences. Defense counsel later inquired of Juror 14's sentencing position in light of a hypothetical that assumed a conviction under certain case-specific facts. On September 20, 2001, Robinson filed his first motion to continue trial, citing extensive discovery, cocounsel's commitment in other cases, and the need to develop a mitigation caseincluding gathering mitigation evidence; investigating the State's aggravating circumstance; considering the possibility of psychological and neurological evaluations; interviewing defendant's family for testimony in the sentencing phase; and conducting a thorough background investigation of Robinson's educational, medical, employment, and criminal historiesin support of the requested relief. After hearing argument on the renewed motion for venue change on October 4, 2002, the trial judge denied the motion, finding the jury selection process had yielded a fair and impartial jury. In some cases, according to court records, Robinson and his victims would enter into slave contracts before the murders. Authorities then discovered human remains of five women. In State v. Beaman, 295 Kan. 853, 286 P.3d 876 (2012), defendant sought a sentencing continuance to research an Eighth Amendment argument under Jessica's Law that might have applied at sentencing. More specifically, the [statute] must convey sufficient definite warning and fair notice as to the prohibited conduct in light of common understanding and practice. Steffes, 284 Kan. at 389 (citing [City of Wichita v.] Hackett, 275 Kan. [848,] 85354[, 69 P.3d 621 (2003) ] ). Hereafter, I will discuss that statute as it relates to the one count of capital murder that the majority affirmed, albeit the discussion would apply equally to the manner in which the State charged the other capital murder count. Relevant to this case is K.S.A. 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. Atkins is factually distinguishable and lacks persuasive value when compared to Robinson's facts. Moreover, it is unclear how the characterization of the DPDU's exit as a discharge instead of a withdrawal could or would have placed any additional burden on Robinson's Sixth Amendment right to counsel of choice. She survived and filed a police report when he wouldnt return her property, including sex toys. A trial court abuses its discretion where: (1) no reasonable person would take the view adopted by the judge; (2) a ruling is based on an error of law; or (3) substantial competent evidence does not support a finding of fact on which the exercise of discretion is based. State v. Bowen, 299 Kan. 339, 348, 323 P.3d 853 (2014). 137 F.3d at 63334. Ray first contacted his office, offering to testify against Robinson, around July 2001. 284 Kan. at 572. State v. Burnett, 300 Kan. 419, 436, 329 P.3d 1169 (2014). Slip op. See United States v. Paccione, 949 F.2d 1183, 1193 (2d Cir.1991) (no prejudice from juror numbers where court instructed jury at outset of trial that precautions designed to protect jury from contact by the media); United States v. Thomas, 757 F.2d 1359, 1365 (2d Cir.1985) (the explanation that jurors were not to reveal their names to protect them from the press substantially avoided any risk of aspersions on the defendants); State v. Flournoy, 535 N.W.2d 354, 362 (Minn.1995) (trial court minimized prejudicial inferences by informing jurors that purpose of anonymity was to guard against extensive trial publicity), cert. On the morning of June 3, 2000, law enforcement officers secured a warrant from Johnson County District Judge Larry McClain to search Robinson's Linn County property. 222401a. 48. 1190, 108 L.Ed.2d 316 (1990). The State admitted numerous letters that Robinson, posing as the victim, sent to the victims' families, including a letter to Stasi's mother-in-law. Sodders is inapposite. Just below the speed limit sign, affixed to the same post, was a smaller sign captioned, Private Property No Soliciting. There were no no trespassing signs posted within the community. Ibarra then testified that Robinson wanted him to find a good looking woman from Mexico and that he would lease an apartment for her and handle her immigration issues, provided they were sexually compatible. These efforts have facilitated our determination that the sentence of death was not imposed under the influence of passion, prejudice or any other arbitrary factor; that the State's lone aggravating circumstance existed; and that Robinson's mitigating circumstances were insufficient to outweigh it. We have identified a two-part balancing test for analyzing the propriety of a district court's use of an anonymous jury identification system. 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. First, Deputy Allen Hamm found a paper towel inside the kitchen sink with a reddish-brown stain that presumptively tested positive for blood. 642 F.3d at 141. Judge Anderson seated jurors who had formed no opinions, who had forgotten or would need to be persuaded again. Patton, 467 U.S. at 1034. Also, the driveway in that Virginia case was expansive, splitting into two divergent paths that encircled an area of land in front of the home. Klingensmith never saw or heard from Stasi or Tiffany again. He wants me to call the animal control Officer." Lisa married Carl in August 1984. 223407 for abuse of discretion); see United States v. Tegzes, 715 F.2d 505, 507 (11th Cir.1983) (reviewing ruling on motion to discharge panel for abuse of discretion). At 2:24 p.m., Robinson's access code was used to gain entry through the security gates at his Olathe storage unit, and the code was used to exit the facility 6 minutes later. Robinson claims several instances of alleged prosecutorial misconduct prejudiced his right to a fair trial. Nancy testified that the prospect of Robinsons execution has had a devastating impact on their entire family, the appeal said. See State v. Adams, 292 Kan. 60, 6869, 253 P.3d 5 (2011) (comments not gross or flagrant when the prosecutor only made a passing reference to the victim and did not dwell on or repeat the point); State v. Miller, 284 Kan. 682, 719, 163 P.3d 267 (2007) (accumulation of multiple comments may render them gross and flagrant). The Johnson County District Attorney's office regularly submitted wiretap and pen register applications to an administrative or civil judge.