Sodders is inapposite. 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. As each day has passed,. Appx. We find no error in Judge Anderson's ruling. The State had established Young's education, training, and experience on direct examination, which demonstrated his competence to render an opinion on the subject. This court should not provide cover for a prosecutor's charging mistakes in any case, much less a death penalty case. He moved a trailer onto the property in July 1998 and installed two phone lines: one for his landline and one for his computer. Defendant had already received a previous continuance. However, Robinson's argument is premised incorrectly on the assumption that jurors must be willing to assign some weight to all evidence offered in mitigation to satisfy the Eighth Amendment protections defined in Lockett. Furthermore, the court's curative instruction provided additional assurance that Juror 147's conduct did not prejudice Robinson's right to a fair penalty phase proceeding. Steven J. Obermeier assumed the prosecution of the Back Care case from that point forward. Wissel said he had called Robinson's business, Equi II. Thomas had hired a private investigator and planned to add several legal assistants but confirmed he would be the only attorney on the defense team. Because of its isolated and incomplete character, along with the fact that the prosecutor continued on in compliance with the district judge's ruling, the remark also fell short of establishing ill will. Taylor received no further e-mail after Robinson's arrest on June 2. Satisfactory adjustment to prison, community safety. Juror 324 expressed a personal belief that Robinson was likely to be guilty based on the pretrial coverage of the case. Here the facts did not necessitate such instruction. Neufeld returned to Texas, but the movers never arrived. Robinson argues the record establishes but one theory: that Robinson's taking of Trouten was accomplished by his truthful statements regarding his desire to serve as her BDS & M master. Robinson failed to meet this burden. 214706(c).. In State v. Marsh, 278 Kan. 520, decided by this court on December 17, 2004, this court reversed tack on Kleypas and declared the original weighing equation provision of K.S.A. The problem with this approach is that the meaning of the individual words is not at issue. 12 and 13 and in the four verdict forms that describes a jury decision not to impose the death penalty as an inability to reach a decision. The Decree appeared to contain the signature of attorney Ronald Wood, who had handled only three adoptions in his 23year career. 59 Cal.4th at 82728. United States v. Safavian, 435 F.Supp.2d 36, 41 (D.D.C.2006) (The possibility of alteration does not and cannot be the basis for excluding e-mails as unidentified or unauthenticated as a matter of course, any more than it can be the rationale for excluding paper documents (and copies of those documents).); Simon v. State, 279 Ga.App. Defendant failed to establish that any juror actually saw the article, and even if a juror or jurors had, we have no basis in the record to disagree with Judge Anderson's finding that the content was not prejudicial. Even if it had, mere solicitation to commit adultery is not an attempt to commit the crime. Nancy Jo was pregnant at the time they were wed. After a period of time, Robinson was confronted and accused of embezzlement at this hospital. [Citation omitted.] Judge Anderson empanelled the jury on October 4, and trial commenced on October 7. 284 Kan. at 572. The killings have to be related to one another, not the killer's methods. In February 1998, Robinson contacted Jennifer Boniedot, a property manager for the Deerfield Apartment Complex in Olathe. 214624(e) unconstitutional on its face. , 106 A .3d 705, 71214 (Pa.2014). On the other hand, it's probably not a good thing for us to get too speculative. The defense requested a curative instruction, but the district judge felt it would draw the jury's attention to the remark. 031011401WEB, 2003 WL 22462511, at *2 (D.Kan.2003) (unpublished opinion) (no reasonable expectation of privacy in trash bags left out within a few feet of an alley on collection day); Martinez, 1999 WL 910029, at *23 (no reasonable expectation of privacy in trash placed outside fence near curb); State v. Baskas, No. This protection is incorporated into and made applicable to the States through the due process provision of the Fourteenth Amendment. The defense did not ask Juror 316 whether he could set aside these personal views. K.S.A. See State v. Wilson, 35 Kan.App.2d 333, 338, 130 P.3d 139 (2006) (police officer's testimony regarding declarant's statements improperly admitted where declarant was available but was not called and did not testify to subject of officer's testimony). Robinson argues the trial court erred in denying his requests for a second continuance in the face of evidence establishing: (1) the division-of-labor agreement, whereby retained counsel, Thomas, was to prepare the guilt phase defense and appointed counsel, Berrigan and O'Brien, the penalty phase defense; (2) the unexpected discharge or withdrawal of Thomas; and (3) the impact of Thomas' withdrawal on trial preparations. Ungar v. Sarafite, 376 U.S. 575, 589[, 84 S.Ct. Defense counsel asked Juror 63 if he would consider background in mitigation of punishment. Robinson argues the prosecutor suggested that the jury could consider defendant's bad character as an aggravating circumstance. It is for you to determine. See, e.g., Goodwin, 223 Kan. at 25859 (defendant's best evidence challenge flawed where he never suggested contents of secondary evidence were less than the truth; absent proof of discrepancy, secondary evidence admissible). A de novo standard of review is then used to review the ultimate legal conclusion regarding the suppression of evidence. State v. Garza, 295 Kan. 326, 33031, 286 P.3d 554 (2012). denied 287 Kan. 768 (2009). However, we have emphasized that [n]egative media coverage by itself is insufficient to establish actual prejudice. Carr, 300 Kan. 1, Syl. He leased the unit under Beverly Bonner's name, claiming that Bonner was his sister and that he was storing her belongings while she worked in Australia. On November 14, Lewicka opened an account at Bank of America, where Robinson also held a business account for Specialty Publications. We addressed the first and third grounds above and focus the following analysis on the remaining challenges. Such a diminution of the jury's sense of responsibility, according to the plurality, prevented the jury from making an individualized determination of the appropriateness of the death penalty in violation of the Eighth Amendment. Juror 39 admitted that some of those circumstances might not outweigh the aggravators in all instances, but she would consider them, assign them the weight she felt they deserved, and balance them against any aggravators. 621830, K.S.A. 5. The body removed from the first barrel was that of Trouten. Robinson now argues Glines' testimony, particularly her comments that Robinson asked her to move back to Kansas, live with him, work for him, and never speak to her family again, violated K.S.A. 7, 307 P.3d 1278 (2013); State v. Ly, 277 Kan. 386, 392, 85 P.3d 1200, cert. In ruling on Robinson's challenge, the district judge found: In this case, McClain investigated Robinson and filed criminal charges against him for theft on March 29, 1985 in what was referred to at the hearing as the Back Care case (Case No. In questionnaire responses, Juror 115 expressed his belief that a life sentence for capital murder is only appropriate in jurisdictions without the death penalty. Robinson advances two arguments challenging the sufficiency of the evidence supporting his capital murder convictions. In court, the Robinsons claimed that John Edward Robinson, who was Dons elder brother, told them that the mother wanted to give the baby up for adoption. 214625(2) (defining purposeful killing of more than one person as statutory aggravating circumstance). First, it is unsupported by the record. The search warrant was based on information gathered exclusively during the second investigation. 659 F.2d at 1312. See United States v. Aikman, No. In the living room area, Guzman found a box with an EZ Set label on it and a box with a Big Boy label on it that contained glassware, oil lamps, figurines, and other collectable items. Friendly's bookstore on 25 to 30 occasions. Robinson contends Judge Anderson abused his discretion in denying the challenge of Juror 184, who would allegedly shift the burden to the defense upon conviction. Lewicka's father exchanged 25 to 30 e-mails with his daughter after she moved to Kansas. See State v. Kleypas, 272 Kan. 894, 1088, 40 P.3d 139 (2001) (even if instances of prosecutorial misconduct are harmless error in and of themselves, their cumulative effect must be analyzed), cert. ] State v. Cosby, 293 Kan. 121, 13334, 262 P.3d 285 (2011). Chidester was convinced Trouten did not write the e-mail because the word choices, style, and format were inconsistent with Trouten's writing. v. DeHart, 512 Pa. 235, 25152, 516 A.2d 656 (1986) (We reject the notion that the exclusion of jurors expressing uncertainty as to their ability to impose the death penalty results in the impanelling of a jury biased in favor of the prosecution.), cert. 222401a. As to the second Skilling factor, Robinson argues the media reported prejudicial facts that were inadmissible at trial, such as Robinson's white-collar criminal history; his connection to other missing persons; his involvement with other women; and his prosecution for fraud and murder in Missouri. We have not previously had occasion to address whether the phrases common scheme or course of conduct under K.S.A. In particular, Brown explained Robinson had been implicated in the disappearance of several women dating back to the mid1980s; he enticed them into sexual relationships, often involving BDS & M, and lured them to Johnson County with offers of employment, travel, and financial gain; he had done the same with Suzette Trouten; and since her disappearance had targeted new women using a similar modus operandi. The court imposed a sentence of death on the capital murder convictions, Counts II and III. The Internet's First Serial Killer: John Edward Robinson, The 'Internet Slavemaster' John Edward Robinson was sentenced to death for his reign of terror in Kansas City in the mid-'80s. Any bodily injury Trouten may have sustained through consensual BDS & M sex could not, as a matter of law, support the bodily injury element of the aggravated kidnapping statute. Based on this record evidence, Judge Anderson properly admitted the testimony. At trial, the State's theory was that Robinson kidnapped Trouten by deception, with the specific intent of killing her, and that he, in fact, accomplished this purpose. Robinson, posing as Turner, told Remington that Tom was interested and gave Remington Tom's e-mail address to pass on to Taylor. 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. 2. Juror 147 had essentially made up his mind to vote for a sentence of death and consulted the Bible to see if anything would force him to reconsider. Of course it is. Robinson next challenges the admission of State's Exhibits 13 to 16, which were e-mails sent to and from Trouten's friend, Tammi Taylor. Juror 302 was confident she could set aside media-reported facts and decide the case on the evidence. The legal standard for granting a continuance is good cause shown. 300 Kan. at 8081. 45. But the majority vacated that sentence in favor of a death sentence. 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. Now, it's coming in in the penalty phase of the trial. Another prosecutor, Assistant District Attorney Steve Obermeier, took over the case and tried it in Judge McClain's stead. Fourth Amendment Challenge to LPD Officers' Trash Pulls. denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. 1762, 176365, 179 L.Ed.2d 819 (2011) (instructions did not impermissibly encourage death sentence by requiring jury to reject death penalty before considering life sentence); State v. Wakefield, 190 N.J. 397, 47578, 921 A.2d 954 (2007) (defendant was not entitled to a sua sponte instruction on the presumption of life during penalty phase of capital murder trial; although the trial court did not, in so many words, instruct the jury that it must presume a sentence of life imprisonment, it did instruct the jury that a death sentence could be reached only if (1) the jury found the existence of an aggravating factor beyond a reasonable doubt and (2) the aggravating factor outweighed any mitigating factors). As Robinson grew older, the abuse escalated, often leaving him unconscious or bedridden, and his mother isolated him from other family members.. Under this standard, an information which omits one or more of the essential elements of the crime it attempts to charge is jurisdictionally and fatally defective, and a conviction based on such an information must be reversed. Scott, 286 Kan. at 63. Here, Kleypas chose not to voir dire the jurors concerning the binding effect of his prior murder conviction or any of the aggravating circumstances. He was not attempting to implicate Nancy Robinson in her husband's criminal activity. Robinson argues the district judge failed to apply the hearsay rules consistently between similarly situated challenges of the defendant and the State. At that point, defense counsel interrupted and cut off the response. The trial judge, however, limited Judge McClain's testimony to foundation issues only, and Judge McClain did not testify beyond that boundary. We also have ruled that the prosecutor made three isolated remarks that exceeded the scope of the evidence. denied 520 U.S. 1213 (1997); Wilson, 493 F.Supp.2d at 405 (allowing voir dire on specific types of mitigation or aggravation evidence does not serve the goal of uncovering impermissible bias, but only beg[s] follow-up questions that trend toward stake-out or pre-commitment questions). 223423(c); State v. Ward, 292 Kan, 541, 550, 256 P.3d 801 (2011), cert. [Citation omitted. At the time of the hearing, Stettler had been in possession of the files for nearly 3 months and the CDROM for more than 10 weeks. The district judge arrived at different rulings between Stapleton and Brown, not because he applied the rules in an arbitrary or disparate fashion, but because the facts supported different rulings under K.S.A. When K.S.A. State's Exhibits 19NNRR, 19TTXX, 52O, and 52Q are a series of e-mail communications between Robinson and Trouten. 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.