During its case-in-chief, the State put on evidence supporting the inference that Robinson's killings were linked together by common elements, including: luring victims with promises of financial benefit or travel, exploitation of the victims financially or sexually, similar methods of killing and disposal or concealment of the bodies, and acts of deceit and fraud to hide all of these crimes. SSA began mailing benefit checks to this new address the following month. 2516, 165 L.Ed.2d 429 (2006). We all know the answer to that question. However, the Superior Court did not find that the prosecutor had engaged in misconduct by exploring this line of questioning, and it did not suggest that the prosecutor lacked a good-faith basis for such questions. Improper Designation of Convictions as Sexually Motivated. . Robinson did not object to the use of juror numbers. if ( host.indexOf("europe.cnn.com") != -1 ) { (1) Each application for an order authorizing the interception of a wire, oral or electronic communication shall be made in writing, upon oath or affirmation, to a judge of competent jurisdiction, and shall state the applicant's authority to make such application. 55, 77 L.Ed. 532 (2010). Juror 149 agreed his questionnaire responses suggested he would lean toward death upon conviction, but he explained that he answered the questionnaire without knowledge of the statutory weighing equation or the role of mitigation in the sentencing decision. Cunningham identified studies showing a significant reduction in the risk of prison violence among offenders who are age 45 years or older, referring to this phenomenon as the aging effect. This aging effect is generally consistent with data among the general population that shows a decreasing tendency for violence with increased age. Other circumstantial evidence corroborated Remington's testimony and the authenticity of these e-mails. 163, sec. He was responding directly to the challenges the defense had lodged to the State's theory during closing. Prosecution's Pursuit of Inquisition, Pen Registers, and Wiretaps. Robinson also employed fraud and deceit to conceal Trouten's murder as part of his common scheme and course of conduct. The aggravated Interference With Parental Custody conviction in the Stasi case was upheld. 6. Robinson argues this remark was an indirect and impermissible comment on Robinson's right to remain silent. , 106 A .3d 705, 71214 (Pa.2014). Second Renewed Motion for Venue Change. Thus, the weight of this factor in the overall analysis is diminished. The trial judge, however, limited Judge McClain's testimony to foundation issues only, and Judge McClain did not testify beyond that boundary. Robinson believes the trial court should have granted his motion for mistrial after witness Loretta Mattingly failed to testify in accordance with the prosecutor's proffer. While in Kansas, Trouten called her mother almost every day, updating her on the trip itinerary. See 272 Kan. at 995. Consequently, the designation of Trouten as a principal capital murder victim is a phantom concept, manufactured by the State's charging document and perpetuated here by the majority, but totally devoid of any legal support. When prosecutors Morrison and Sara Welch, along with Brown, approached Judge McClain for the wiretap, the judge said he had prosecuted Robinson in a financial crimes case in the early to mid1980s. 3032 (3d ed.2007) (searches invalid on state law grounds do not invariably require suppression of evidence). Her testimony also implied that she did not report this incident to law enforcement. Defense counsel objected, saying several veniremembers had expressed in questionnaire responses that a person who committed crimes involving certain case-specific facts deserved to die. Maintaining family relationships and familial grief. According to a Radford.edu timeline on his life, he was named an Eagle Scout and attended a seminary. 322 (1926). He didn't cry when there was testimony about Izabela Lewicka's body was taken out of that barrel. 706, 70910 (10th Cir.2009) (unpublished opinion) (necessity requirement met where boilerplate statement regarding effectiveness of search warrants supported by facts in affidavit). He was discovered after a 2000 sexual assault arrest, according to ABC. 60460(a). The prosecutor's initial comment to the small group panel did not prejudice Robinson's substantial rights. Also, prosecutor Morrison thought he recognized Juror 184 as a participant of a weekend marriage seminar the prosecutor and his wife taught more than a decade prior. Applying the statute, a trial court must engage in a two-step analysis. See Romano, 512 U.S. at 9 (instructions that emphasized the importance of the jury's role diminished the type of prejudice created in Caldwell ). Morgan does not require that the questions at issue be asked. 153 F.3d at 1208. There, the State argued K.S.A. In Spain, we examined whether the facts supported the existence of the aggravating circumstance alleged by the State, which required proof that defendant knowingly or purposely created a great risk of death to more than one person. A review of the transcripts of those earlier proceedings indicates that McClain was nothing more than a foundation witness to show the chain of custody for the documents in question. State v. Overton, 279 Kan. 547, 558, 112 P.3d 244 (2005). 381, 387, 418 N.W.2d 472 (1988) (premeditation can be founded on circumstantial evidence of organized planning and conduct prior to or after killing); see also State v. Kettler, 299 Kan. 448, 467, 325 P.3d 1075 (2014) (defendant's conduct before and after crime is relevant factor in deciding whether evidence gives rise to inference of premeditation). Judge Anderson found Mattingly's testimony was inconsistent with the proffer and unreliable. See State v. Holt, 223 Kan. 34, Syl. 222616(1). Can conduct that straddles the date of enactment of the capital murder statute support defendant's capital murder convictions? Moreover, the defense did not object to the question at trial, and the prosecution had no reason to affirmatively supply a factual basis for the inquiry. However, as set forth in defendant's actual prejudice challenge, defendant failed to demonstrate any prejudice from the T-shirt and Olathe Daily News incidents giving rise to these motions. L.1970, ch. The child fell ill and died, and Robinsons mother blamed him for the death. 696 F.2d at 955. Based on the foregoing, Judge Anderson's ruling is fairly supported by the record. See State v. LaGrange, 294 Kan. 623, Syl. Nor was the comment motivated by ill will. Robinson contends the remarks were beyond the latitude afforded prosecutors in arguing the evidence. He was close with his family and their four children, and maintained a close relationship with his family members. 222505 has nothing to do with the territorial jurisdiction of officers, it likewise has nothing to do with the territorial jurisdiction of district judges. Foremost among this authority is McVeigh, 153 F.3d 1166, the appeal of the defendant convicted of bombing the Murrah Federal Building in Oklahoma City, Oklahoma. In the interests of justice, we consider presumed prejudice as a potential unassigned error on appeal. Search warrants issued by a district magistrate judge may be executed only within the judicial district in which said judge resides or within the judicial district to which said judge has been assigned pursuant to K.S.A. Cunningham identified Robinson's past behavioral history in prison as the second risk assessment factor relevant to his analysis. Eight days later, on April 22, 1976, the legislature passed House Bill 3186, amending K.S.A. The owner, Meyers, specifically recalled selling two of the books to Lewicka. There is no dispute that LPD officers conducted trash searches beyond their territorial jurisdiction. 272 Kan. 894, Syl. Even when Robinson served time in state prison in the late 1980s and early 1990s, the children visited him and their relationship remained strong. 452, 457 (6th Cir.2012) (unpublished opinion) (boilerplate language was not fatal to application where it also contained particular facts demonstrating wiretaps were not being used routinely as the initial step in criminal investigation), cert. Because Robinson asserts error of a constitutional magnitude, we can affirm his death sentence only if there is no reasonable possibility that the juror's misconduct affected the outcome of the trial. See Williams, 299 Kan. at 562. Instead, he commented that I understand [the prosecutors] have a certain degree of latitude here. Robinson argues the trial court erroneously denied his challenge of Juror 324 because she could not set aside her strong opinion of guilt. Norman said Shelia called him Jim Turner either in a letter or during their last telephone conversation. Under a plain reading of our constitution, a punishment would be infirm if it is either cruel, or it is unusual. Nevertheless, in my view, the death penalty fits both and I would declare it unconstitutional in this state. (b) in any other place when a request for assistance has been made by law enforcement officers from that place K.S.A. Robinson also points to the arrest warrant and subpoena statutes, which expressly grant district judges authority to issue extraterritorial warrants and orders, as support for his construction. K.S.A. 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. This fact is important because Hensley recognized a legally significant distinction between a juror's personal resort to religious values and his or her decision to consult a minister for guidance in deciding the sentence. denied 131 S.Ct. Q. On June 8, 1997, Lewicka left for Kansas in her car filled with belongings. A05207, 2006 WL 915765, at *7 (Minn.App.2006) (unpublished opinion) (e-mails authenticated where witness testified she regularly communicated with defendant at address appearing on exhibits). K.S.A. After the retirement of the civil judge who had historically handled these matters, Judge McClain began receiving the applications because he was a civil judge who had familiarity with criminal law. Now, listen to a stunning phone call with the killer and see what happened to the one baby who survived his madness. Vrabel, 301 Kan. at 80305 (officers' organized and planned controlled drug buy with confidential informant to build case against defendant in furtherance of duty to preserve the peace fell within scope of K.S.A. 304, 30708 (6th Cir.2001) (unpublished opinion) (curbside trash not protected by Fourth Amendment simply because defendant lived in gated community). Comments with Potential Impact on Defendant's Constitutional Rights. 2788 (2012). Brother of Judith Ann Robinson; Agnes Jane Robinson; Walter A. Robinson; Nancy W. Robinson; Michael W. Robinson and 3 others. See Patton v. Yount, 467 U.S. 1025, 102930, 103334, 104 S.Ct. When Robinson was 5 years old, his mother began assaulting him several times a week, without provocationbeating him severely, threatening to kill him, and telling him she wished he were dead or never born, court records say. He wasnt a faithful husband. Remington ended her chat session with Trouten at 12:51 a.m. Remington never saw or spoke to Trouten again. Thomas also testified to the events giving rise to his withdrawal or discharge. 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. 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). Here, the State alleged defendant took the victim and held her to inflict bodily injury. 223216(1) with Tex.Crim. I would reverse the remaining capital murder conviction and remand for resentencing as a first-degree premeditated murder. In other words, the court must determine whether the fact has a legitimate and effective bearing on the decision in the case. Given the number of e-mails in question, the various senders and recipients involved, and the different forms in which they were admitted, we divide them into the following four categories for purposes of our analysis: (1) e-mails sent to or from Lore Remington; (2) e-mails sent to or from Tammi Taylor; (3) e-mail to Marshalla Chidester; and (4) e-mails seized pursuant to search warrant. You decide. 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. We have repeated the advisement in almost every death penalty decision since. Breakiron is legally inapposite. The same principle holds true in the context of sentencing. On March 31, 2000, the Lenexa Police Department began searching trash left at the curbside for collection at Robinson's Olathe residence.
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