Jurisdiction to Issue Extraterritorial Search Warrant. Remington's testimony confirmed the redacted versions of the e-mails were true and accurate copies of the original messages on her computer, and Robinson does not suggest otherwise. Robinson's claim does not warrant relief under this standard. 2516, 165 L.Ed.2d 429 (2006). The Fifth Circuit Court of Appeals issued the seminal decision on magistrate-as-former-prosecutor challenges in United States v. Outler, 659 F.2d 1306 (5th Cir.1981). The owner, Meyers, specifically recalled selling two of the books to Lewicka. The legislature's 1976 amendment to K.S.A. 2. Applicants warned that further use of interviews and inquisitional subpoenas might alert Robinson to the investigation. "She was dirty," his wife remembered. In 1998, Nancy learned her husband was involved in bondage and discipline, dominance and submission, sadism, and masochism (BDS&M) activities after discovering fetish websites saved in his Internet browser history. 290 Kan. at 817. State v. Friday, 297 Kan. 1023, 1043, 306 P.3d 265 (2013). 214624(b) provides a method for the defendant in every capital-murder case to remove biased jurors during the penalty phase. 222401a(2)(b) requires only that law enforcement officers from the host jurisdiction make a request for assistance. Second, the prosecutor argued the jury could possibly find that Trouten was taken by deception when Robinson lured her to his Linn County property under the guise of fulfilling her BDS & M fantasy. As in Carr, Irvin is distinguishable on the facts. At a continued hearing on July 27, 2001, Judge Anderson granted the DPDU's motion to withdraw and announced his intention to appoint capital defense qualified cocounsel to assist Thomas. Taylor confirmed the content was a true and accurate copy of the message she originally received on her computer. Subsequent testing confirmed the blood matched Lewicka's DNA. "Usually when I found out about [his affairs], it was over. Having confirmed that the jury's verdict on Count I is supported by sufficient evidence of a taking by deception, we need not consider the sufficiency of the evidence supporting the State's alternative argument. Finally, as to Juror 147's comments regarding his view of what the Bible says about mercy, there is no reasonable possibility they affected the jurors' sentencing decision. 2633, 86 L.Ed.2d 231 (1985), and Romano v. Oklahoma, 512 U.S. 1, 9, 114 S.Ct. For example, Robinson cites State v. Harris, 284 Kan. 560, 162 P.3d 28 (2007), where we discussed the common scheme or course of conduct requirement in analyzing the unit of prosecution for multiplicity purposes under K.S.A. Close cases can be imagined under virtually any statute. 79. ROBINSON Genealogy | WikiTree FREE Family Tree The California Supreme Court observed that a statute is applied retroactively only if it penalizes a crime completed before the law's effective date. But on the other hand, Kansas has long held that [a statute] is not unconstitutionally vague if it employs words commonly used, previously judicially defined, or having a settled meaning in law. 300 Kan. at 82. The one constant in Juror 253's testimony was uncertainty. In his final remarks to the jury, the prosecutor said: Now is your opportunity to decide whether or not you want to hold the defendant accountable for his actions for all these years. Alleged Prosecutorial Misconduct Enhancing Jury Selection Errors. During defense questioning, Juror 23 said he had not formed any opinion of guilt, though he would lean toward guilt if he had to decide based on the media coverage. Robinson's concealment of Trouten's disappearance was not limited to written correspondence. Yep. The coroner testified both were killed by blunt-force trauma to the head. After disclosing the case-specific allegations, defense counsel consistently asked prospective jurors whether they could remain impartial. He moved a trailer onto the property in July 1998 and installed two phone lines: one for his landline and one for his computer. See United States v. Green, 178 F.3d 1099 (10th Cir.1999) (search conducted in violation of K.S.A. Notwithstanding the egregious nature of the crimes and the compelling evidence of guilt presented in this particular case, I believe it is time for this court to reexamine the constitutionality of the death penalty under 9 of the Kansas Constitution Bill of Rights, which prohibits the infliction of cruel or unusual punishment.. Robinson cites State v. Tosh, 278 Kan. 83, 91 P.3d 1204 (2004), in support of his position. These comments were personal views expressed in Juror 14's questionnaire responses, completed weeks before the veniremember was informed of the mechanics of Kansas' capital sentencing scheme and long before the trial court instructed the jury. We apply a two-part test in analyzing whether a statute is unconstitutionally vague under the Due Process Clause of the Fourteenth Amendment to the United States Constitution: First, the [statute] must give adequate notice to those tasked with following it. After all, [p]roduction of a true original of an email or social networking page is not necessarily possible because both are always electronic. Pannozzo, Uploading Guilt: Adding A Virtual Records Exception to the Federal Rules of Evidence, 44 Conn. L.Rev. They also found a list of e-mail addresses and passwords, including slavedancer@hotmail.com, written on a sheet of legal paper, along with e-mails confirming Robinson's registration of the slavedancer address on several e-mail servers. In December 1993, Robinson, posing as Jim or James Turner, applied for a mailbox under Bonner's name at The Mail Room in Olathe. First, while explaining a capital sentencing jury's duty to consider and weigh aggravating and mitigating circumstances, prosecutor Morrison commented, Because under Kansas law, the death penalty can only be recommended by the jury if the aggravating factor or factors outweigh any mitigating factors that are found to exist. (Emphasis added.) Robinson argues the media's interference with courtroom proceedings necessitated a finding of actual prejudice. If not, they are deemed misconduct. 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. K.S.A. Stettler admitted he had a complete copy of the files maintained by both crime labs within a few weeks of receiving the State's disclosures. Delo corroborated this testimony, confirming that as an inmate ages, the risk of violence decreases. Detective Layman testified this e-mail from Remington to Robinson, posing as Turner or JT, was seized during the search of Robinson's Olathe storage locker. In January 1994, Bonner's brother, Larry Heath, received a handwritten letter purportedly from Bonner that said she was starting a new career with an international corporation in Chicago and that she would be traveling extensively, both domestically and abroad. Sometime in 1998, Robinson offered Cox a job traveling with him on business trips to London, Paris, and Australia. Robinson argues Judge Anderson erred in denying his challenge of Juror 69, who allegedly presumed defendant's guilt and shifted the burden of proof to defendant. This application is reviewed either for abuse of discretion or de novo, depending on the rule or principle being applied. During defense counsel's voir dire, Juror 14 was asked if he could realistically consider a life sentence following a capital murder conviction. Before committing to a visit, Taylor asked Tom for a reference from a past slave, and Robinson, still posing as Tom, told Taylor she could contact one of his former slaves at slavedancer@hotmail.com. Taylor e-mailed slavedancer seeking information about Tom as a master. State v. Kleypas, 272 Kan. 894, 97475, 40 P.3d 139 (2001), cert denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. Dillehay explained that enhanced voir dire would require participation of attorneys, lots of questions, and small groups consisting of no more than four to six people, facilitating an environment where prospective jurors would be forthcoming. In deciding whether to presume prejudice, courts consider seven factors enunciated in Skilling, 561 U.S. at 38185: (1) media interference with courtroom proceedings; (2) the magnitude and tone of the coverage; (3) the size and characteristics of the community in which the crime occurred; (4) the amount of time that elapsed between the crime and the trial; (5) the jury's verdict; (6) the impact of the crime on the community; and (7) the effect, if any, of a codefendant's publicized decision to plead guilty. Carr, 300 Kan. at 62. She became so upset that the family arranged special contact visits, with the approval of sheriffs department personnel, while Robinson was in jail awaiting trial. Robinson did not object to Juror 147's continued participation in the jury selection process and passed him for cause. During the evening of November 1, 2002, Juror 147 consulted a Gideon Bible that he found in the hotel room where the jury had been sequestered. Without an adequately developed record, we cannot presume this testimony was offered for the truth of the matter asserted. Don and Helen werent charged because it was believed they were oblivious to John Edward Robinsons true scheme. "May I see these?" Further, 67 percent of those surveyed in Johnson County held an overall opinion that the defendant was definitely guilty or probably guilty. In contrast, 50.5 percent of the Harvey County respondents and 35.5 percent of the Ellis County respondents held similar opinions. Now, listen to a stunning phone call with the killer and see what happened to the one baby who survived his madness. Duke v. State, 889 So.2d 1, 31 (Ala.Crim.App.2002) (terms one scheme and course of conduct could be understood by the average juror in their common usage), cert. As such, Instruction No. I am excited about going. In online chat sessions, Remington and Trouten discussed her work for and relationship with Robinson. at 2762 (Breyer, J., dissenting). 2516, 165 L.Ed.2d 429 (2006); see State v. De La Torre, 300 Kan. 591, 610, 331 P.3d 815, cert. The trial court's capital murder elements instructions, requiring the jury find facts supporting venue, were appropriate. 213102(4), which addressed the scope and application of the Kansas Criminal Code that was effective July 1, 1970. The body had substantial trauma to the head caused by multiple blows from a blunt object with a rounded surface, consistent with a hammer. While questioning the small group panel consisting of Jurors 34, 312, 336, 337, 342, and 344, the prosecutor said: Even every murder is different. Likewise, Robinson relies on authority construing Kansas' joinder statute, which allows the State to join offenses in a single complaint under a variety of circumstances, including where the crimes are based on two or more acts or transactions connected together or constituting parts of a common scheme or plan, K.S.A. 104004101SAC, 2010 WL 2653423, at *3 (D.Kan.2010) (unpublished opinion) (trash placed at the end of the driveway as if awaiting regular pickup not within curtilage). Mitigating circumstances are those that lessen or diminish the moral culpability or blame of defendant or otherwise warrant a life sentence, and we have cautioned prosecutors not to argue that certain circumstances should not be considered mitigating simply because they do not excuse or justify the crime. 1698 (2015); Trotter v. State, 288 Kan. 112, 124, 200 P.3d 1236 (2009) (same). Justice and closure for me is finding her remains and giving her a proper burial, Heather Robinson said to 20/20. However, Stettler wanted to review the supporting data and requested the same. Trouten's aunt, Chidester, believed the mailing address on the envelope was written in Trouten's handwriting but that the S. The Tenth Circuit first identified two categories of Morgan-related inquiries advanced by the defense: (1) general Morgan questions' that inquired whether the juror would automatically impose the death penalty if a defendant were convicted of a capital offense; and (2) specific Morgan questions' that inquired whether the facts of the bombing, as revealed through pretrial publicity, had predisposed prospective jurors toward automatically imposing the death penalty on anyone convicted. Instead, he shared his view or interpretation of what the Bible says about the concept of mercy based on his review from the night before. 96,005, 2008 WL 142105, at *6 (Kan.App.2008) (unpublished opinion), in support of his best evidence argument. Today, John Edward Robinson is 75 years old and incarcerated in the Kansas prison system. 1. Debbie was fully closed and wearing an adult disposable diaper. As Robinson had requested, she brought her own sex toys along for the trip. Winter confirmed Lewicka's identity with her known dental records. We hold there was no misconduct. These findings are fairly supported by the record, and we hold there is no error. One juror was bothered by the information and did not know how it would affect his deliberations but eventually expressed his willingness to decide the case on the evidence. Defendant next challenges the trial court's denials of his continuance motions. Robinson admitted he had placed Stasi at the Roadway Inn as part of that program, the records say. No prejudicial error may be found under the cumulative error doctrine if the evidence against the defendant is overwhelming. The seventeenth panel during the second phase of jury selection, small group voir dire, included Jurors 173, 177, 180, 184, 185, and 186. Our standard of review for motions to suppress evidence is well established: An appellate court reviews a district court's decision on a motion to suppress using a bifurcated standard. Robinson first challenges the sufficiency of the evidence supporting the State's theory that Robinson took Trouten by way of deception. Robinson's construction is inconsistent with the plain meaning of K.S.A. 89,938, 2004 WL 795906, at *3 (Kan.App.2004) (unpublished opinion) (jury selection not truly anonymous where jurors names included on questionnaires but kept confidential to public), rev. K.S.A. 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.
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