223216(1) with Tex.Crim. At the January 30, 2002, evidentiary hearing, defendant presented testimony from venue experts, along with the results of a venue study prepared by Lisa Dahl of Litigation Consultants, Inc. After the prosecutor explained the burden of proof, Juror 39 confirmed she would acquit Robinson if the State failed to meet its burden. ]; cf. This affidavit set out findings uncovered through law enforcement's witness interviews, inquisitional subpoenas, extensive surveillance, trash pulls, analysis of pen register data, public record searches, consent searches, and other investigative practices. Nevertheless, these findings were preliminary. Her testimony was relevant to the State's theory that Robinson's pattern of luring women for the purpose of exploiting them sexually, often through BDS & M activities specifically, was part of the common scheme or course of conduct charged under K.S.A. This clearly was not the case. In October 1997, Robinson had his insurance agent write a 2year auto policy on Lewicka's vehicle, explaining she was an employee. See State v. Phillips, 295 Kan. 929, 94546, 287 P.3d 245 (2012) (Misstatement of law on completion of robbery was not reversible misconduct where jurors properly instructed, and remarks were isolated and devoid of ill will.). 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. 60455 did not apply because defendant's prior acts did not constitute criminal offenses. Tosh, 278 Kan. at 90. 1698 (2015). Judge Anderson acknowledged Juror 39's support of the death penalty in questionnaire responses but explained he would not consider the questionnaire to be a Malaysian tiger trap and that veniremembers were not experts in this arena, and they need[ed] to know a little bit about the situation before their answers can truly reflect what they're capable of doing as jurors. In light of the totality of the responses, Judge Anderson decided Juror 39 satisfied the test as set forth in Kleypas. To determine whether the juror number system appropriately balanced the court's interest in protecting jurors' identities with defendant's right to a fair trial, we apply the Brown balancing test, considering whether Judge Anderson had a reason to protect the jurors from identification and whether he took reasonable precautions to minimize any prejudicial effects on the defendant. 280 Kan. at 74. a. Robinson argues this testimony implied he made the request in hopes of luring a woman from Mexico and then murdering her. Edward T. Robinson, Jr., 78, of Bayville, died peacefully on Wednesday, July 27, 2022, with his loving family at his bedside. State v. Friday, 297 Kan. 1023, Syl. Robinson objected immediately, and Morrison said, Judge, honest misstatement. VENIREPERSON 14: A slight edge, yes, sir. (Emphasis added.). In reviewing the sufficiency of the evidence, this court will not reweigh the evidence. Here, the majority retroactively alters the definition of the crimes Robinson committed prior to the July 1, 1994, enactment of capital murder and increases his punishment for those crimes. As discussed above, Judge Anderson's rulings did not bar such inquiry. Such a dispute does not establish grounds for error. Finally, Robinson suggests veniremembers' refusal to abide by the district judge's admonitions to avoid media coverage necessitated a finding of actual prejudice. Cf. Robinson relies on Sincavage v. Superior Court, 42 Cal.App. amend VI. at 2755 (Breyer, J., dissenting). Robinson's reliance on Alderson is misplaced. Additionally, the trial court sentenced Robinson to 246 months in prison for the aggravated kidnapping of Trouten, 7 months for the theft of Neufeld's property, a life sentence with parole eligibility after 15 years for the first-degree premeditated murder of Stasi, and a pre-sentencing guidelines sentence of 5 to 20 years or a postsentencing guidelines sentence of 13 months for the aggravated interference with Stasi's parental custody. 332 (4th Cir.2014) (unpublished opinion). In LaraRamirez, the First Circuit reviewed a district court's decision to declare a mistrial based on the fact that a juror brought a Bible into the jury room, referred to specific portions of the text, and told fellow jurors that they should consider what God says in the Bible in their deliberations. Applicants warned that further use of interviews and inquisitional subpoenas might alert Robinson to the investigation. Robinson eventually married Nancy Jo Lynch and the couple had four children. I don't leanthe statement about capital punishment, life in prison pretty much speaks for itself. Taylor received no further e-mail after Robinson's arrest on June 2. Robinson told Haymes he had placed Stasi at the Roadway Inn, but on January 10, she and Tiffany came to his business with a man named Bill and said they planned to start a new life together in Colorado. In 1964 he moved to Kansas City and married Nancy Jo Lynch, who gave birth to their first child, John Jr., in 1965, followed by a . K.S.A. That would be your job; wouldn't it? Defense counsel responded, Well, yeah, I suppose. This panelist's question can be read fairly to reflect a reasonable belief that counsel would zealously represent the defendant. If so, in the second step of the analysis, the trial court must assess whether it is possible to continue the trial without an injustice. 60455. See State v. Yates, No. They married several months later and moved to the Kansas City area in late 1963 or early 1964. Nearly all, 11 of 12 jurors, entered the box having formed no such opinion of defendant, a vast improvement over Irvin, where 8 of 12 jurors held preconceived opinions of guilt, and even better than in Carr, where 4 of 12 held preconceived opinions. The jury consisted of 11 members who entered the box without preconceived opinions of the case, and all confirmed their ability to set aside personal views and decide the case on the evidence at trial. Once again, Robinson relies on Juror 69's response when asked if he could consider a life sentence under a hypothetical scenario. 222503; limitation on territorial jurisdiction applies to district magistrate judges only). Mach is distinguishable. John Robinson | WickedWe - The Dark Side Of Humanity Even Robinsons conviction for capital murder did not break their marriage. She believed the address on the envelope was written by Trouten, but the return address was not. The argument is misplaced. Hughes opened the barrels and confirmed each contained the remains of a human body. Based on the totality of Juror 202's responses, Judge Anderson's ruling is fairly supported by the record. We hold that suppression of the evidence seized during LPD officers' trash pulls is not a remedy available to Robinson. Robinson is also suspected of killing Paula Godfrey, who was working at one of his businesses. Because the reviewability of the issue is not in dispute, our inquiry focuses on the second step of the analysiswhether defendant's proposed instruction defining common scheme and course of conduct was legally appropriate. Defendant did not challenge Juror 87 for cause. The court must also determine whether the probative value of the evidence outweighs the potential for producing undue prejudice. Given that we're talking about a rural location and a dwelling that was in the process of being refurbished over a period of time, based upon the testimony I've heard thus far, and it becomes a question of weight.. 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). at 2774 (Breyer, J., dissenting). 2. Robinson's citation to State v. Locklear, 105 Wash.App. Defendant argues Judge Anderson erred in denying his challenge for cause of Juror 69 because the veniremember was unable to hold the State to its burden of proof. Lane took swabs from a representative sampling of the spots and submitted them to the Kansas City, Missouri, Regional Crime Lab (KCMO Lab) for further analysis, where Detective Frank Booth, a DNA analysist, confirmed the genetic profile from the samples matched Lewicka's DNA. Remington did just that, asking Robinson, posing as Turner, whether he knew of someone interested in serving as a master in a BDS & M relationship with her friend Taylor. That tack baffles me, especially given that the State did not need to ask this court to retroactively apply the capital murder statute. Robinson challenges the exhibits because they contain e-mail strings rather than segregated messages admitted as separate exhibits. Even so, the Tenth Circuit found no abuse of discretion, reasoning that defendant's case-specific inquiry exceeded constitutional requirements under Morgan: Essentially, the questions were designed to ascertain whether the jurors felt that the circumstances of the bombing were so aggravating that no mitigating factor could compensate. Robinson argues these remarks were improper because they communicated the theme that Nancy Robinson's pleas to spare her husband's life should be disregarded because the prosecutor held her in suspicion.. Also, 68 percent of Johnson County respondents had knowledge of case facts beyond those presented in the survey, compared to only 23 percent in Harvey County and 27.3 percent in Ellis County. This application is reviewed either for abuse of discretion or de novo, depending on the rule or principle being applied. We disagree. As such, we turn to other persuasive authority for guidance. Trouten's family continued to receive typewritten letters signed by Trouten that they believed were fraudulent. Then-prosecutor McClain investigated and prosecuted Robinson on a theft by deception charge related to his fraudulent invoicing practices that defrauded the owners of Back Care. We rejected the argument, expressly finding the acts in question were criminal acts. 286 Kan. at 942. Occasionally, he would respond, mailing correspondence to Bonner's private mailbox. Thomas' Withdrawal and Second Motion for Continuance. The television program features an interview with Heather Tiffany Robinson, who knew Robinson as Uncle John before discovering she was being raised by the unwitting family of her mothers killer. Brother of Judith Ann Robinson; Agnes Jane Robinson; Walter A. Robinson; Nancy W. Robinson; Michael W. Robinson and 3 others. 222401a(5). None of the jurors read from or consulted the Bible that Juror 147 had brought into the jury room. Independently, he argues the State relied on multiple acts to prove a single aggravated kidnapping charge and the district court's failure to provide a special unanimity instruction constituted clear error. 284 Kan. at 572. Here, defendant failed to clear the first hurdle, as Ibarra's testimony did not establish that Robinson committed a prior criminal act. Vickie Neufeld was from Texas and had lost her job as a geriatric therapist. 214624(e); United States v. Hall, 152 F.3d 381, 410 (5th Cir.1998) (juror's comments about leaning toward death penalty even when presented with hypothetical evidence in mitigation did not demonstrate substantial impairment; comments merely reflected her assignment of little weight to such mitigation). Robinson shared a particularly close relationship with Christy's daughter, who spent time with Robinson every day. Cumulative error, considered collectively, may be so great as to require reversal of a defendant's conviction. Robinson contends the remarks were beyond the latitude afforded prosecutors in arguing the evidence. On several occasions, Sheila talked to Guerrero about her interest in BDS & M but did not share details because Guerrero was uncomfortable with the subject. Likewise, flawed forensic testimony, such as faulty hair analysis, has been used in a number of capital cases. 457 Fed. He also confirmed that his personal views regarding sentence would yield to the judge's instructions on the law. 12, which provides: [I]f one or more jurors is not persuaded beyond a reasonable doubt that aggravating circumstances outweigh mitigating circumstances, then you should sign the appropriate alternative verdict form, and Instruction No. Robinson also highlight's Juror 184's statement that he expected the defense to put on mitigation evidence. 621830 from which Lamb inferred the authority to issue extraterritorial warrants, i.e., that warrants be directed to any peace officer of the state of Kansas. Instead, it incorporated substantially similar language into new section 2505, providing that [a] search warrant shall be issued in duplicate and shall be directed for execution to all law enforcement officers of the state, or to any law enforcement officer specifically named therein. (Emphasis added.) Born on December 27, 1943, John Robinson's descent into criminality began at a rather early age, and he was arrested several times throughout his [] He spun an elaborate tale, according to their testimony, telling them that the mother killed herself after abandoning the child in a shelter. 213439(a)(6). John Edward Robinson Sr. was an American serial killer who lured victims using Internet chatrooms with the name Slavemaster. Authorities believe he murdered at least seven young women, some possibly with hammers, stuffing their remains in a storage locker and barrels on his rural Kansas property. 1686, 29 L.Ed.2d 214] (1971); Reno [v. American Civil Liberties Union, 521 U.S. 844,] 870871, and n.35[, 117 S.Ct. 222305(2); K.S.A. When Bussell saw the trash container placed in this location, he would radio another officer to collect it from the container. b. On their face, the comments improperly expressed the opinion of the prosecutor and were improper. 213421. The fifth and seventh factors were not relevant to the analysis, and the fourth factor was inconclusive at best. Nancy Ann Robinson, 67. Jurors are free to assign whatever weight they deem appropriate, or no weight at all, to evidence offered in mitigation. Robinson never objected to the district judge's position. Essentially, Robinson argues the evidence supporting his theory of a truthful taking was more credible than the evidence supporting the State's theory of a taking by deception. It is a well-established rule in this State that error is committed when a prosecutor injects his or her personal opinion into the closing argument. Thus, even if interpretation of the statute's plain meaning were not possible and we needed to turn to construction, Robinson's construction is inconsistent with this legislative purpose. 555, 56062, 20 P.3d 993 (2001), aff'd on other grounds sub nom. 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. When K.S.A. State's Exhibit 5 depicts the entire exchange of messages that occurred between the two on March 2, 2000, including the original message contained in State's Exhibit 4, Remington's response, and Robinson's reply to that response. Witt, 469 U.S. at 42122. Judge Anderson noted that he had dismissed jurors who provided similar responses after construing their testimony in the former category. PDF John Edward Robinson Sr. - Radford University [COUNSEL]: You have no personal knowledge of that, nor does your examination reveal the position of the arm at the time that it was broken; is that true? 2954, 57 L.Ed.2d 973 (1978). State v. Cheever, 295 Kan. 229, 241, 284 P.3d 1007 (2012), vacated and remanded on other grounds 571 U.S. , 134 S.Ct. Sullivan v. Louisiana, 508 U.S. 275, 279, 124 L.Ed.2d 182, 113 S.Ct. Did prosecutors define mitigating circumstances improperly? During direct examination, Carolyn Trouten testified to these facts, and she was subject to cross-examination from Robinson. Finally, we are convinced this isolated remark had little weight in the minds of jurors. 869, 71 L.Ed.2d 1 (1982) (The sentencer may determine the weight to be given relevant mitigating evidence.).
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