Lenexa Police Detective Dave Brown offered a 31page supporting affidavit containing hundreds of averments set forth in 78 separate paragraphs. She survived and filed a police report when he wouldnt return her property, including sex toys. In the back of the locker, officers saw three barrels. 869, 71 L.Ed.2d 1 (1982) (The sentencer may determine the weight to be given relevant mitigating evidence.); United States v. Basham, 561 F .3d 302, 337 (4th Cir.2009) (neither the Constitution nor laws of the United States require a capital jury to give mitigating effect or weight to any particular evidence so long as they did not refuse to consider evidence altogether); United States v. Bernard, 299 F.3d 467, 485 (5th Cir.2002) (no constitutional requirement that capital jury give mitigating effect or weight to any particular evidence); Allen v. Buss, 558 F.3d 657, 667 (7th Cir.2009) (The rule of Eddings is that a sentencing court may not exclude relevant mitigating evidence. Robinson argues the prosecutor suggested that the jury could consider defendant's bad character as an aggravating circumstance. Stettler said he could complete his work and advise the defense team on the need for independent testing within 3 to 4 weeks. District Attorney Paul Morrison testified that the DNA testing was handled exclusively by the KCMO Lab and he did not give Stettler the 46 reports from the JOCO Lab because they pertained to hair analysis, tire track impression work, and latent print examinations, not DNA testing. 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. Prosecutors are granted wide latitude to argue cases because it is their duty to present them with earnestness and vigor and to use every legitimate means to bring about a just conviction. State v. King, 288 Kan. 333, 351, 204 P.3d 585 (2009) (quoting State v. Ruff, 252 Kan. 625, 634, 847 P.2d 1258 [1993] ). Furthermore, the Advisory Committee Note Robinson cites provides that the method of reproducing the communication must be accurate, not that the process must be immune from subsequent fraudulent alteration. 222202(13); K.S.A. 214627(b), recodified as K.S.A.2014 Supp. The record does not support defendant's deduction-based argument. And, like the defendant in Kleypas, Robinson did not request a separate opportunity to voir dire the jury after conviction and before the start of the penalty phase. 117, sec. He died before 1815, in North Carolina, United States, at the age of 41. The first 20 paragraphs described Robinson's connection to Trouten, her disappearance, and Robinson's probable involvement in it. 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, Robinson argues State's Exhibits 11 and 12 are unreliable because the State redacted header information showing the e-mails had been forwarded to it by Remington. When law enforcement officers searched Robinson's Olathe residence 2 days later, they found a list of e-mail addresses and passwords, including slavedancer@hotmail.com, written on a sheet of legal paper. 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. The trial court excused Juror 173 and entertained challenges against the remaining panelists. John Edward Robinson Sr., 66, Indianapolis passed away on Monday September 5, 2022. Relief is granted only in those rare cases where publicity created either a circus atmosphere in the court room or a lynch mob mentality such that it would be impossible to receive a fair trial. Goss v. Nelson, 439 F.3d 621, 628 (10th Cir.2006) (quoting Hale v. Gibson, 227 F.3d 1298, 1332 [10th Cir.2000] ). Nevertheless, it is easily discernible from the complaint as a whole what the charges were and that Robinson was the person charged under the capital murder and the aggravated interference with parental custody counts. 230 Kan. at 52324. Such a comment was not improper. Klingensmith identified Robinson at trial as the man she knew as John Osborne. She believed the relationship was different from Robinson's other affairs. There was a soft, nylon rope tied around the head with a piece of cloth underneath covering the nose and mouth, which Pojman believed to be a blindfold that had slipped below the eyes. 214624(e) and said: Kansas jurors, presumed to follow their instructions, are made aware that: a determination that mitigators outweigh aggravators is a decision that a life sentence is appropriate; a determination that aggravators outweigh mitigators or a determination that mitigators do not outweigh aggravatorsincluding a finding that aggravators and mitigators are in balanceis a decision that death is the appropriate sentence; and an inability to reach a unanimous decision will result in a sentence of life imprisonment. 548 U.S. at 17980. On March 25, 2000, the Overland Park Police Department took a missing person's report regarding Trouten and transferred it to the Lenexa Police Department, which had jurisdiction. In fact, Hanks identifies a number of other characteristics such as the same victim, the same jurisdiction, and similar acts and crimes to further its conclusion that the crimes were related. Quickly, they. State v. Wells, 297 Kan. 741, 754, 305 P.3d 568 (2013). To balance these competing interests, the district judge explored the possibility of having the DPDU remain in the case as cocounsel. 213106(6) might have something to do with the question presented to us in this case, it actually confirms that the murders of Bonner, the Faiths, and Stasi should be deemed committed before the adoption of the death penalty. A number of items also evidenced Trouten's BDS & M relationship with Robinson, including a slave contract, a sex tape, nude photographs, and e-mails. This time, the relationship continued, and Nancy thought Robinson would leave her for Lewicka. First, several items were immediately identifiable as Trouten's, including her Social Security card, Michigan driver's license, birth certificate, high school diploma, Sam's Club membership card, American Red Cross certification card, passport application, and prescription medication. K.S.A. More recently, in Vrabel, 301 Kan. at 80814, we explored what, if any, remedy was available to defendant under K.S.A. Eight of the envelopes had sufficient amylase to create a full DNA profile, and each profile matched Robinson's known DNA. But K.S.A. The remarks appear to serve no legitimate purpose other than to inflame the passions or prejudices of the jurors and divert their attention from the task at hand-weighing the aggravating and mitigating circumstances and, therefore, were improper. 222616, 10 of the Kansas Constitution's Bill of Rights, and the Sixth and Fourteenth Amendments to the United States Constitution. While the order does not make separate findings between the statutory and constitutionally based theories in the motion, defendant [ ] never sought a more complete recitation or writing to explain Judge [Anderson's] venue rulings; and, if [he] thought the findings were insufficient for appellate review, [he] had an obligation to do so. Carr, 300 Kan. at 65. With this knowledge, he said he was confident he could realistically consider a life sentence. It is apparent most, if not all, of Robinson's premises are incorrect. Accordingly, the death penalty's penological rationale in fact rests almost exclusively upon a belief in its tendency to deter and upon its ability to satisfy a community's interest in retribution. 135 S.Ct. Defense counsel also claimed to need additional time to develop Robinson's penalty phase defense, explaining they had hired a forensic social worker in January 2002 to conduct an investigation of Robinson's background and social history but learned in late July that the expert had made no progress because of a disabling back injury suffered in a car accident. 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.) She agreed to meet him a Rodeway Inn in Overland Park, Kansas in January 1985, and she took her 4-month-old baby daughter Tiffany with her, The Tribune reported. Sullivan v. Louisiana, 508 U.S. 275, 279, 124 L.Ed.2d 182, 113 S.Ct. VENIREPERSON 14: A slight edge, yes, sir. (Emphasis added.). Despite Robinsons multiple, ongoing extramarital affairs, Nancy stayed in the relationship. Judge Anderson found the testimony was clearly relevant based on the totality of the circumstances. From September 18 to October 1, 2002, the parties examined 43 panels made up of 259 veniremembers. 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.) 213439(a)(6). 20301a. Prior to Juror 173's comments, Juror 184 testified that he had not followed the coverage closely, and what he did follow he viewed with skepticism. He didn't cry when there was testimony about Izabela Lewicka's body was taken out of that barrel. Between 1973 and 1995, courts identified prejudicial errors in 68% of the capital cases before them. 135 S.Ct. Even if the State could clear the killing of more than one person hurdle, I believe it stumbles in its attempt to tie the Trouten murder to the others to meet the majority's second element . I disagree with the majority's emphasis on the cherry-picked, out-of-context phrase from State v. Harris, 284 Kan. 560, 572, 162 P.3d 28 (2007), to conclude that the multiple killings only need to be related to one another in some way. Slip op. For many years, we have said that review of prosecutorial misconduct claims involves a two-step process. 429 U.S. at 24750. 222401a(2)(b) requires only that law enforcement officers from the host jurisdiction make a request for assistance. Only in rare and extreme cases will the court disregard juror declarations of impartiality in favor of a finding of actual prejudice. Davis v. State, 426 Md. denied 541 U.S. 1090 (2004). We also are reassured here by the protective measures taken by [the trial judge], including use of jury questionnaires and individual voir dire. 300 Kan. at 7879. 284 Kan. at 572. 158 (1932); see State v. Anthony, 257 Kan. 1003, 1018, 898 P.2d 1109 (1995) (An essential element of the Sixth Amendment's protection of the right to counsel is that a defendant must be afforded a reasonable opportunity to secure counsel of his or her choosing.). At trial, the prosecutor used this evidence against the defendant, effectively turning defense counsel's consulting expert into a witness for the prosecution. He wants me to call the animal control Officer." Guerrero expected Sheila to return within a few weeks because they had purchased tickets to the Colorado state fair, and Sheila planned to enter a cross-stitched angel into the fair competition. 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. See, e.g., United States v. Collins, 920 F.2d 619, 626 (10th Cir.1990) (district court may deny a defendant's counsel of choice where attorney unable to provide competent representation). Defendant argued the district court's refusal to grant a continuance denied him a defense at trial because without the video recording, he was unable to impeach law enforcement testimony regarding the interview. 20301a required Judge McClain to issue the search warrant from a location within Johnson County. On May 22, 2000, law enforcement secured a court-ordered wiretap on Robinson's cell phone. The State's capital murder theory in Counts II and III was that Robinson killed Suzette Trouten and Izabela Lewicka, along with Sheila and Debbie Faith, Beverly Bonner and Lisa Stasi, and that these killings were all connected, constituting parts of a common scheme or course of conduct characterized by: (1) luring women with offers of employment, travel, and other benefits; (2) exploiting them financially, sexually, or otherwise; (3) killing them and disposing of their bodies in a similar manner; and (4) concealing the crimes through acts of deception and fraud. See Kleypas, 272 Kan. at 1025 (when statutory language challenged as unconstitutionally vague, court must decide whether language is too vague to guide discretion of jurors regarding the sentencing process); see also Maynard v. Cartwright, 486 U.S. 356, 36162, 108 S.Ct. Even when Robinson served time in state prison in the late 1980s and early 1990s, the children visited him and their relationship remained strong. 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.
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