Judicial discretion is abused where judicial action is arbitrary, or based on an error of law or fact. State v. Gunby, 282 Kan. 39, 57, 144 P.3d 647 (2006). 222502 and 222503 authorize judges of the district court to issue search warrants, but K.S.A. Substantive due process protects individuals from arbitrary state action. These findings are fairly supported by the record, and we hold there is no error. Aerial view of suspected serial killer John Edward Robinson Sr.s home June 6, 2000 in Linn County, Kansas. It is hardly necessary to say that the right to counsel being conceded, a defendant should be afforded a fair opportunity to secure counsel of his own choice. Powell v. Alabama, 287 U.S. 45, 53, 53 S.Ct. 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. Second Renewed Motion for Venue Change. As set forth above, we review a district judge's denial of a challenge for cause for abuse of discretion. Cunningham also testified that the violent nature of Robinson's offenses did not increase his propensity for violence in prison. Judge Anderson did not deny any of defendant's motions based on a finding that the DPDU exited the case as a result of discharge, as opposed to withdrawal. Robinson argues the prosecutor suggested that the jury could consider defendant's bad character as an aggravating circumstance. Was Judge Anderson's juror numbering system improper? First, he argues the State failed to provide sufficient evidence of a taking by deception. The State intended to introduce this testimony to rebut the defense's evidence that the Johnson County Detention Center allowed Robinson to have contact visits with his grandchild, giving rise to the inference that they shared a special relationship. But K.S.A. However, the remarks were brief and isolated. Before questioning these five veniremembers on their death penalty views, prosecutor Morrison provided them with an overview of the sentencing process, explaining that the jury arrives at a sentencing decision by considering aggravating circumstances and mitigating circumstances and weighing those and after considering those making a recommendation of whether the defendant should get the death penalty or whether the defendant should serve life (Emphasis added.). Thus, we have no need to ruminate on when the current capital murder was committed for statute of limitation purposes because there is no statutory time limitation on prosecuting capital murder. Robinson also highlight's Juror 184's statement that he expected the defense to put on mitigation evidence. Other than her body, there was little evidence connecting Lewicka's murder to Linn County. However, the defense did not object to Young's testimony on this basis at trial, and therefore, the record provides no basis in fact to support this new theory of error on appeal. At 2:35 p.m., Olathe animal control officer Rodney E. McClain was dispatched to Santa Barbara Estates after Robinson had instructed the office assistant to report two dogs on the loose. 5. State v. Williams, 299 Kan. 509, 525, 324 P.3d 1078 (2014). In the 1970s, he formed HydroGro, Inc., a company that produced hydroponic vegetables. First, an appellate court decides whether the comments were outside the wide latitude that a prosecutor is allowed in discussing the evidence. For the same reasons outlined above, Morrison's use of the term recommend did not violate Caldwell in this instance. Before that moment, any error qualified as invited. Defense counsel asked Juror 484 whether her work counseling sex abuse victims would prevent her from serving impartially, given the State's allegations of Robinson's violence against women and his participation in BDS & M activity. 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. Yet Glines' testimony did not clearly establish Robinson's solicitation to commit adultery. The actual infliction of bodily injury is one of the essential elements of aggravated kidnapping. Robinson also challenges comments prosecutor Morrison made during voir dire of the fourth small group panel, which he sees as suggesting that a juror could assign little or no weight to mitigating circumstances evidence. Therefore, if Kleypas was wrongly decided, and the Supreme Court of the United States says it was, then the correct decision in Kleypas would have been to uphold the statute as written. She was born Tiffany Stasi, the daughter of Lisa Stasi, who disappeared after Robinson lured her with the promise of a better life. (b) in any other place when a request for assistance has been made by law enforcement officers from that place K.S.A. Based on the parties' agreement, Judge Anderson ordered the jury sequestered during deliberations only. 1698 (2015); see also United States v. Umana, 750 F.3d 320, 34243 (4th Cir.2014) (no error in denial of challenge of juror who would lean heavily toward death penalty upon conviction where she later agreed to consider both sentencing options and was not irrevocably committed to death sentence); Ramsey v. Bowersox, 149 F.3d 749, 758 (8th Cir.1998) (jurors who leaned toward death upon conviction not substantially impaired where capable of voting for either sentencing option); Gardner v. Norris, 949 F.Supp. Robinson, relying on Haney, 299 Kan. 256, suggests the mere possibility that a continuance might yield fruitful mitigation evidence establishes good cause for relief. She also informed jurors that she and other family members would continue to maintain relationships with Robinson and be spared grief if he were sentenced to life imprisonment. 2518 are persuasive. 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. [Citation omitted. He mentioned the letter on only one occasion, drawing no objection from the defense. Once again, such an amendment would have been wholly unnecessary had the legislature intended K.S.A. denied 290 Kan. 1102 (2010). Morgan v. Illinois, 504 U.S. 719, 72930, 112 S.Ct. Scott, 286 Kan. at 81 (prosecutor may refer to defendant as a murderer or killer when arguing that evidence shows defendant committed murder). On May 28, 2000, Robinson, posing as Tom, sent Taylor an e-mail from his new bdsm Hotmail account, asking her to visit him in Kansas City. Stasi never returned for her car. (b) Aggravated interference with parental custody is a class E felony. denied 541 U.S. 1090 (2004). 222616(1). 222503, clarifying that only district magistrate judges are precluded from issuing extraterritorial warrants. Next, even accepting that K.S.A. denied 253 Kan. 863 (1993), in support of his position. 222401a. Stettler was engaged to evaluate law enforcement's DNA testing procedures and advise the defense on the need for independent testing. Both parties presume the challenged e-mails constitute writings and were offered to prove their content. Judge Anderson overruled Robinson's objections, allowing Mattingly to testify in accordance with the proffer. The district judge provided a limiting instruction so the jury would not consider the lessee's complaint for the truth of the matter asserted. 129, sec. The prosecutor's inquiry was proper. It discussed Trouten's travels and was signed, Love you, Suzette. Chidester believed Trouten signed the letter, but she was convinced Trouten did not draft it because the punctuation, style, and organization were not characteristic of Trouten's writing. United States v. Gonzalez, Inc., 412 F.3d 1102, 1113 (9th Cir.2005), amended and reh. 222503 reflected this new classification by substituting a district magistrate judge in place of courts of limited jurisdiction. Had the legislature intended K.S.A. 2. There, defendant was convicted under the continuous sexual abuse of a minor statute, which prohibited any person residing with or having access to a child under the age of 14 to molest that child at least three times during a period of not less than 3 months. 246 Kan. at 73840. 214624(e) unconstitutional. Other circumstantial evidence corroborated Remington's testimony and the authenticity of these e-mails. Carr, 300 Kan. at 164; State v. Harris, 284 Kan. 560, 57178, 162 P.3d 28 (2007). On May 22, 2000, Neufeld asked Robinson to return her sex toys, but he did not comply. 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. 213439(a)(6) requires only that the multiple murders be related to each other in some way. Second, in Spain we did not define course of conduct. We merely used the phrase in the process of determining the meaning of the statutory aggravating circumstance. Finally, in Missouri, he received a written infraction for failing to take his prescribed medication. Robinson argues K.S.A. denied 519 U.S. 845 (1996); Plantz v. State, 1994 OK CR 33, 876 P.2d 268, 279 (Okla.Crim.App.1994) (trial court properly limited the defense's voir dire on what jurors would consider as mitigation); State v. Hill, 331 S.C. 94, 10304, 501 S.E.2d 122 (1998) (Morgan does not require voir dire on specific mitigating circumstances). Finally, the comments would have supported little weight in the minds of jurors. Cf. "Probably as he went by to pick up (his grandchild)," she said, noting that the child needed to be fetched at school at 11:20 a.m. "My grandson, Jason, would have been with him.". Not only was Mattingly's trial testimony stripped of the inculpatory content described in the State's proffer, but also the district judge instructed the jury to disregard it altogether. When viewed in their entirety, Juror 14's responses indicated a willingness to keep an open mind and consider factors relevant to assessing the credibility of both law enforcement and lay witness testimony. Let's think about how intertwined the defendant's conduct with all these women was. Multiple Acts, Count IAggravated Kidnapping. Robinson contends the district judge erroneously denied his challenge of Juror 23 because pretrial publicity would cause him to shift the burden of proof to Robinson. The State argued, and Judge Anderson agreed, that the testimony was offered to explain Klingensmith's future actions; specifically, her decision to file a missing persons report. John Waller (5) Robinson (great grandfather of Enders A. Robinson), the third son of Michael (4) Robinson and his wife Nancy Waller Robinson, was born in Spotsylvania County on April 11, 1796. 214625(2) (defining purposeful killing of more than one person as statutory aggravating circumstance). If the convictions are based upon different statutes, the convictions are multiplicitous only when the statutes upon which the convictions are based contain an identity of elements. State v. Thompson, 287 Kan. 238, 244, 200 P.3d 22 (2009). Robinson also claims these rulings were invalid under state hearsay rules. 90,196. In doing so, we emphasize and cannot overstate that this holding in no way excuses Robinson's conduct or makes his murder of Lewicka any less reprehensible. Moreover, the decision we announce today is in large part a product of Judge Anderson's conscientious commitment to Robinson's fair trial rights. We find no error in Judge Anderson's denial of defendant's motion to suppress on these grounds. Trouten and Remington continued to communicate daily on ICQ, an instant messaging program on Yahoo. 1. State v. Bruce, 295 Kan. 1036, 1040, 287 P.3d 919 (2012). host = new String(location.hostname); State v. Gonzalez, 290 Kan. 747, 75556, 234 P.3d 1 (2010). Robinson was also involved in the lives of his grandchildren. He is reported to have slain eight women between 1984 and 2000 (via Murderpedia ). Carr, 300 Kan. at 114. The court may simply purge the panel by discharging those individuals not qualified.). However, as discussed above, 1 week after the legislature approved the bill resulting in the enactment of K.S.A. ); Schwab v. Crosby, 451 F.3d 1308, 1329 (11th Cir.2006) (The Constitution requires that the sentencer be allowed to consider and give effect to evidence offered in mitigation, but it does not dictate the effect that must be given once the evidence is considered; it does not require the sentencer to conclude that a particular fact is mitigating or to give it any particular weight.). 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. While attending Purdue, Lewicka became friends with Dawn Carter and often used her computer to access the Internet. On September 3, the insurance policy Robinson placed on Lewicka's vehicle lapsed because of nonpayment of premium. However, Lewicka disappeared sometime in late summer or fall 1999. Viewed from this perspective, Juror 14's answers reflected an acceptable consideration and weighing of the aggravating circumstance rather than an inability to hold the State to its burden of proof at sentencing. Broken down to its syllogistic form, Robinson argues: (1) Kleypas was wrongly decided because the court usurped legislative authority and rewrote K.S.A. Trouten also said their itinerary had changed. Aside from other jurisdictions' treatment of this issue, we also note that Robinson invited the alleged error. First, Robinson points to Judge Anderson's ruling allowing Kathy Klingensmith, Stasi's sister, and Overland Park Sergeant Ronald Wissel to testify over defense objection that a desk clerk at the Roadway Inn told Klingensmith that Robinson, not John Osborne, had paid for Lisa Stasi's motel room. The Internet's First True Serial Killer | by Sal - Medium Did Judge Anderson erroneously admit Cathy Norman's testimony? The affidavit also touched on a few facts that were similar or common to both the Back Care case and the Robinson investigation. Once again, defense counsel responded, Okay.. When defense counsel asked whether the coverage had caused her to form any opinions about defendant's guilt, Juror 39 said, Well, from what I've read, it seems that the crimes that were committed were committed by him. 464, 472, 882 P.2d 624 (1994)murder by abuse and criminal mistreatmentrequired proof that the defendant murdered the victim by abuse after having previously assaulted or tortured the victim or another child. When the prosecutor mentioned this to Juror 184, it refreshed his memory and he confirmed he had attended the seminar. Death shall be presumed to have occurred in the county where the body of the victim is found.. 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) ] ). ] State v. Trammell, 278 Kan. 265, 282, 92 P.3d 1101 (2004); State v. Whitesell, 270 Kan. 259, 277, 13 P.3d 887 (2000) (same); see State v. Mitchell, 220 Kan. 700, 704, 556 P.2d 874 (1976) (weapon properly admitted where witness testified it looked similar to the one used in the crime; evidence highlighting difference between admitted weapon and one described from the scene went to weight, not admissibility). 2633, 86 L.Ed.2d 231 (1985) (death sentence invalid where imposed by a person led to believe the ultimate responsibility for sentence rests elsewhere). 60460(a). Additionally, Booth obtained a root from one of the hair samples and successfully acquired a genetic profile that produced a match to Trouten. The record does not establish with any degree of clarity that Juror 147 was dismissed for failing to appear.
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