I want to know who she was, Heather Robinson said of her mother to 20/20. Robinson asked Ibarra to have his mother mail several letters from a resort when she returned to Mexico. Juror 271 was unable to do so at the time. Judicial discretion is abused if the ruling is arbitrary, fanciful, or unreasonable, i.e., no reasonable person would have taken the view adopted by the trial court, or if it is based on an error of law or fact. Powered by. 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), we exercise unlimited review. Robinson was looking for a white woman in her teens or early 20s, who had a newborn child, was struggling or disadvantaged, and had no family support or ties. 1. In response to defense questioning, Juror 298 said that her ability to vote for a life sentence depended on the evidence and that she would not automatically impose either sentence. 214624(f) requires the trial court to review any jury verdict imposing a sentence of death to decide whether the sentence is supported by the evidence. I do not read the subsection as including serial, but completely separate, killings. See State v. Peppers, 294 Kan. 377, 394, 276 P.3d 148 (2012) (prosecutors free to make argument, provided it is supported by admitted evidence). The above summary of the record evidence suggests the contrary. 741, 75051 (4th Cir.2010) (unpublished opinion) (prosecutor did not commit misconduct by referring to altered records during rebuttal argument where it replied to theory raised in defendant's closing argument); State v. Harrison, 631 So.2d 531, 534 (La.App.1994) (prosecutor's rebuttal argument proper where defense counsel opened the door during closing argument). The defense believed jurors could have seen the headlines, warranting a venue change. 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. Nancy testified that the prospect of Robinsons execution has had a devastating impact on their entire family, the appeal said. This is not something.. We cannot conclude from the undeveloped record created by the absence of objection that this testimony included irrelevant collateral facts. Klingensmith identified Robinson at trial as the man she knew as John Osborne. Robinson did not controvert this testimony. After Bonner's disappearance, Robinson stole her alimony payments. After the parties completed voir dire of each panel, the district judge ruled on challenges for cause. Instead of turning to violence, Cunningham found that Robinson used his time in custody constructively and had a positive work adjustment in the prison setting. Judge Anderson's authentication findings are supported by substantial competent evidence. At trial, the State advanced two arguments in support of this theory. The first factor weighed in favor of venue change because Dahl's surveys evidenced widespread circulation of the pretrial publicity throughout the community. However, the legislature has placed territorial limits on the execution of search warrants issued by a district magistrate judge. All but two members of the jury characterized their exposure to pretrial publicity as minimal, passing, or light; and several members said they saw coverage when the story first broke 2 years earlier and their recollection of the reported facts had diminished over time. Robinson advances four challenges to the penalty phase instructions given to the jury. The final series of e-mails Lewicka's father received from his daughter's account said she was traveling to overseas locations. 222401a(5). At the September 5 hearing, Robinson offered Nerad's affidavit under seal, which the district judge reviewed in camera over the State's objection. The problem that poses is addressed, not by the doctrine of vagueness, but by the requirement of proof beyond a reasonable doubt. Lewis also said that, in order to make a credible diagnosis, she needed time to complete additional testing and evaluation, including psychiatric interviews; an MRI to assess possible brain changes over time; a PET scan to assess frontal lobe function; a neurologic evaluation; a comprehensive neuropsychological test battery; and a review of Robinson's background and social history. At the outset of the second phase of jury selection, small group voir dire, defense counsel injected case-specific facts into his line of questioning, specifically disclosing that Robinson had been charged with capital murder involving the killings of six women, including two 19 year olds, one of whom was in a wheelchair. State v. Warrior, 294 Kan. 484, 505, 277 P.3d 1111 (2012). On appeal, defendant advanced only two theories supporting his venue challenge: actual prejudice under the Sixth Amendment and abuse of discretion under Kansas' venue change statute. Young opined that any number of these blows could have resulted in death. Cox complied, crafting letters to her mother and daughter that were written as though she were in Paris, London, and Australia. 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. 1847 (2013); United States v. FloresVelasquez, Crim. Harris does not require a short time span or a common motive to establish a common scheme or course of conduct. 222401a? Robinson characterizes this language as speaking of a death sentence as if it were something that the jury should strive to achieve, and a life sentence as a failure or inability to reach that objective.. 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. Based on the federal definition of an original and duplicate writing, along with the underlying rule accepting both for best evidence purposes, any printed version of e-mail communications may be admitted as the original, provided there is no genuine dispute regarding authenticity. He could not determine if the blows rendered them immediately unconscious. In January 1999, just before the Deerfield Apartment lease expired, Robinson contacted Julie Brown, a manager for A.J. Courts or governors are 130 times more likely to exonerate a defendant where a death penalty is at issue and 9 times more likely where capital murder, rather than noncapital murder, is at issue. See Darling v. Kansas Water Office, 245 Kan. 45, 5152, 774 P.2d 941 (1989). See State v. Stanphill, 206 Kan. 612, 619, 481 P.2d 998 (1971) (When some of the jurors are not qualified, but the entire panel is not affected, a motion to quash the entire panel will not lie. Generally, a statute will operate only prospectively unless the legislature indicates by clear language that it is intended to operate retroactively. In November 1984, Robinson contacted Karen Gaddis, a social worker at Truman Medical Center, and told her that he and several Johnson County businessmen had developed a program to provide housing, transportation, daycare, and job training for young mothers and their babies, court records show. Robinson picked them up at the airport in the late afternoon and drove them to the offices of Equi II in Overland Park, where they signed legal paperwork, including a Petition for Adoption. 1. In 1964, at the age of 21, John Robinson married Nancy Jo Lynch. In addition to his constitutional challenges, Robinson argues the trial court abused its discretion in denying his requests for continuance. See State v. Hill, 290 Kan. 339, 364, 228 P.3d 1027 (2010) (authentication). b. at 239. Carr, 300 Kan. at 11314. Robinson does not dispute that applicants satisfied the necessity requirement in discussing several traditional investigative techniques. The defendant is likely to make a satisfactory adjustment to prison life. Robinson was devastated by the loss of his brother and shattered by the false accusations lodged by his mother. Civ. Robinson next argues the district judge relied on a number of factual errors in denying his motions for continuance. If not sentenced to death, the defendant will peacefully spend the rest of his life in prison. Shortly thereafter, he asked prosecutor Morrison whether the State had any jail-house snitches, specifically mentioning Ray. The record establishes a logical connection between the tools, defendant, and the capital murder charges. Robinson next claims the district judge erred by failing to excuse veniremembers who were leaning toward death, unable to presume a life sentence, and biased by exposure to pretrial publicity. As such, we find K.S.A. He stole from his parents and school friends and often lied about his class achievements. While questioning one of the small group panels, the prosecutor told Juror 342: Obviously, if somebody comes in with a notion then they know the whole story or they think that somebody is guilty, they think that somebody is not guilty, if they do have some of that baggage, they need to be able to set it aside. (Emphasis added.). 213422a. After the district judge ruled, defense counsel continued to inform prospective jurors of the alleged case-specific facts they believed to be most inflammatory or which had the greatest potential to create bias among members of the venire, including the fact that multiple people were murdered, along with the gender, age, and disability status of the victims. 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. See, e.g., Carr, 300 Kan. at 12122 (no error in denying challenges of prospective jurors whose voir dire responses yielded cause for concern, but all eventually professed understanding of and fidelity to the law); State v. Ransom, 289 Kan. 373, 38990, 212 P.3d 203 (2009) (no error in refusing to strike prospective juror who admitted she might have trouble presuming defendant innocent; prospective juror merely acknowledged difficulty in applying presumption, not inability to do so; deference owed to trial judge); see also Stevens v. Beard, 701 F.Supp.2d 671, 72324 (W.D.Penn.2010) (no error in denial of challenge of prospective juror in capital prosecution who expressed preference for death sentence but later declared fidelity to law as instructed; deference owed to trial judge). So I do believe I can do that., Defense counsel told Juror 14 that his questionnaire responses suggested he would automatically vote for the death penalty upon conviction, but Juror 14 disagreed, I don't think I'm 100 percent settled on punishment. Cox took some of the clothing, which was later identified as Lewicka's. State v. Friday, 297 Kan. 1023, Syl. 1983), aff'd 553 Fed. Did the trial court apply an incorrect legal standard? Did the trash searches violate K.S.A. When asked to elaborate, Juror 316 said he felt that, regardless of the facts, there is an attorney waiting to take any case.

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