Did the prosecutor improperly appeal to community interests? John Edward Robinson (1835 - c.1912) - Genealogy The court imposed a sentence of death on the capital murder convictions, Counts II and III. Nancy Ann Robinson, 67. To rationalize the retroactive application of the death penalty to murders that pre-dated the legislative authority to impose that draconian penalty, the majority fashions a completed-crime theory of prosecution, whereby a murder completed years earlier is subsequently utilized as an element of a capital murder that is completed after the fact by adding a new killing. The trial court excused 268 of the 430 veniremembers (62 percent) based on their bias, and 8 of 12 jurors entered the box with preconceived opinions of guilt. 272 Kan. at 968. 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). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. To the extent Robinson engaged in conduct within Johnson County that established or furthered the alleged common scheme or course of conduct, such evidence not only satisfies an element of the offense but also establishes Johnson County as an appropriate venue. He doesn't care anything about anybody but himself. After the instruction, the prosecutor commented, Thank you Judge. See United States v. Aikman, No. Did the evidence establish Robinson's specific intent to cause bodily injury? In Caldwell, the prosecutor's comments were quite focused, unambiguous, and strong. 472 U.S. at 340. In his final remarks to the jury, the prosecutor returned to the purpose of the penalty phase proceedings under Kansas' statutory scheme. The two other barrels were located in front of the black barrel. On August 31, 2000, the State filed its Third Amended Complaint, supplementing allegations in the existing counts. Robinson argues the trial court erred in denying his requests for a second continuance in the face of evidence establishing: (1) the division-of-labor agreement, whereby retained counsel, Thomas, was to prepare the guilt phase defense and appointed counsel, Berrigan and O'Brien, the penalty phase defense; (2) the unexpected discharge or withdrawal of Thomas; and (3) the impact of Thomas' withdrawal on trial preparations. And if the death penalty fails to reach the goals of deterrence or retribution, it is nothing more than the purposeless and needless imposition of pain and suffering and hence an unconstitutional punishment. 135 S.Ct. See In re Winship, 397 U.S. 358, 363[, 90 S.Ct. She also clarified that she had not personally decided Robinson was guilty and would set aside media information and render a verdict based on the evidence. Was the State's evidence sufficient to support Robinson's aggravated kidnapping conviction? The prosecutor did not exceed the bounds afforded to him in questioning veniremembers. At the outset of jury selection, roughly 1,200 Johnson County residents were issued summonses and ordered to appear in four groups of 300, but the district judge later released the final two panels. First, there must be a reason to protect the jurors from identification. and Ludie Robinson and his sister, Diane R. Muscat. 214624(e) (defendant shall be sentenced to death if existence of aggravating circumstances is not outweighed by mitigating circumstances); see Pruett v. Commonwealth, 232 Va. 266, 281, 351 S.E.2d 1 (1986) (juror's leaning toward the death penalty did not demonstrate substantial impairment when response made against the backdrop of the worst possible scenario under circumstances which likely would prompt a similar statement from other prospective jurors). State v. Wilkinson, 269 Kan. 603, 606, 9 P.3d 1 (2000). Robinson identifies three occasions where prosecutor Morrison allegedly misstated the definition of mitigating circumstances during small group voir dire. See United States v. Long, 176 F.3d 1304, 1308 (10th Cir.1999) (trash bags placed on top of trailer parked inside property line, approximately 3 feet from alley and 7 feet from attached garage, but not shielded from public view, beyond curtilage); United States v. Redding, 540 F.Supp.2d 1184, 1187 (D.Kan.2008) (trash bags located at curbside of defendant's front yard outside front fence beyond curtilage); State v. Alexander, 26 Kan.App.2d 192, 19697, 981 P.2d 761 (trash inside dumpster at end of driveway near property line, with no fence or barrier around home, beyond curtilage), rev. First, Deputy Allen Hamm found a paper towel inside the kitchen sink with a reddish-brown stain that presumptively tested positive for blood. document.write('Friday, October 11, 2002 Posted: 10:29 PM HKT (1429 GMT)
<\/span>'); When K.S.A. 222401a). Ibarra's testimony did not establish that Robinson committed a crime or civil wrong on a specified occasion. See Armstrong, 299 Kan. at 442. Defense counsel employed similar lines of questioning with Jurors 463, 398, and 366. The record confirms Jurors 271 and 185 were not similarly situated because the former testified he could consider both sentencing options and the latter testified she could not. We find this isolated comment, uttered amongst thousands of pages of transcript, was not prejudicial to Robinson's right to a fair trial. See State v. Kleypas, 272 Kan. 894, 108788, 40 P.3d 139 (2001), cert. The third Skilling factorthe size and characteristics of the communityweighed against a finding of presumed prejudice because Johnson County is one of the largest counties in the state, with close to half a million residents. Consistent with this view, other state courts have held that these or similar phrases in their capital murder statutes required no further definition. They returned to Chicago, along with the baby, the following day, the records show. On March 29 and 30, 2000, Deputy Daniel Rundle, a forensic chemist with the JOCO Lab, searched Trouten's room at the Guesthouse Suites in Lenexa. From this language we can ascertain at least two separate elements that must be met before this iteration of capital murder has been committed. Venue must be proved to establish the jurisdiction of the court; it is a question of fact to be determined by the jury, albeit the existence of jurisdiction is a question of law, subject to unlimited appellate review. State v. Hunt, 285 Kan. 855, 859, 176 P.3d 183 (2008). [YOUNG]: Are you asking what was the position of the hand? Moreover, nothing in Hennessee, Sodders, or Rowe suggests that there must be a genuine need for the requested assistance or that, if the request is reduced to writing, it must be drafted by the host jurisdiction. 60467(a) does not squarely address what constitutes an original for best evidence purposes when the writing itself is stored electronically, and we have not had occasion to address the subject previously. Trace bloodstains inside Robinson's trailer on the property matched the DNA of victims Trouten and Lewicka. See Coates v. Cincinnati, 402 U.S. 611, 614[, 91 S.Ct. We all know the answer to that question.. at 240. We reversed the district court, stating: The risk need not be contemporaneous with the homicide, but it must occur in the course of committing the charged murder. And let's not forget the fact that these barrels with their bodies are on his farm. The aggravated interference with parental custody statute under which Robinson was charged provided: (a) Aggravated interference with parental custody is: (1) Hiring someone to commit the crime of interference with parental custody, as defined by K.S.A. The Supreme Court has explained: Trial judges necessarily require a great deal of latitude in scheduling trials. K48573). But previously, in discussing the sufficiency of the evidence, the majority asserted that there was enough evidence that the jurors could have found that all of the murders were related to one another in some way and therefore part of a common scheme or course of conduct. (Emphasis added.) Instruction No. 213422a, defined interference with parental custody as leading, taking, carrying away, decoying or enticing away any child under the age of 16 years with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child., Count VIThat on or about the 10th day of January, 1985, in the County of Johnson, State of Kansas, JOHN EDWARD ROBINSON, SR., did then and there unlawfully, feloniously and intentionally take or carry away a child under sixteen (16) years of age, to-wit: Tiffany Stasi, who was then in the custody of a parent, to-wit: Lisa Stasi, with the intent to deprive the parents, Lisa and/or Carl Stasi of the custody of the child, and said child was taken outside the State of Kansas without the consent of said parents or the court, and the fact of such crime was actively concealed by JOHN EDWARD ROBINSON, SR., until July, 2000, in violation of K.S.A. 2250 (2006) of the Sex Offender Registration and Notification Act. 1695, 1708 (2012). The LPD was in charge of the investigation and secured a warrant from a Johnson County district judge to search Robinson's property in Linn County. See State v. Colston, 290 Kan. 952, 961, 235 P.3d 1234 (2010) (multiple acts case exists when the State charges defendant with a single count and presents evidence of multiple actseach of which, independently, is sufficient to support the crime charged). Her husband was a prison physician who treated Robinson. See State v. Scott, 265 Kan. 1, Syl. In support of this opinion, Dillehay identified several studies suggesting humans' struggle to genuinely set aside preconceived beliefs yet will attest to their ability to do so. (2) the commission of interference with parental custody, as defined by K.S.A. Kleypas, 272 Kan. at 1103. ', She said she considered the offer, but if she had taken him up on it, she added Id be dead. The prosecutor asked Glines why she wanted Robinson to stop calling her, and she explained: He was wanting me to come back here and live with him, work for him and totally abandon, so to speakor never speak to any family again. On October 23, 2002, 13 days into trial, the State called Beverly Bonner's former husband, Dr. William Bonner. 211, 223, 43 A.3d 1044 (2012). However, after the State explained the presumption of innocence and burden of proof, Juror 69 identified impartiality as the most important trait of a juror and confirmed he could set aside any preconceived opinions and remain fair and impartial. The parties had passed Juror 340 without challenge. Robinson served a 40month term of imprisonment with Kansas Department of Corrections (KDOC) from 1987 to 1991. denied 134 S.Ct. STATE of Kansas, Appellee/Cross-appellant, v. John E. ROBINSON, Sr., Appellant/Cross-appellee. Robinson said that the babys name was Tiffany and that he received her through a private adoption for his brother. Nothing suggests the admission of this testimony was dependent on the prosecutor's proffer regarding the expert's testimony. of Corrections v. Morales, 514 U.S. 499, 50405, 115 S.Ct. 1762, 176365, 179 L.Ed.2d 819 (2011) (instructions did not impermissibly encourage death sentence by requiring jury to reject death penalty before considering life sentence); State v. Wakefield, 190 N.J. 397, 47578, 921 A.2d 954 (2007) (defendant was not entitled to a sua sponte instruction on the presumption of life during penalty phase of capital murder trial; although the trial court did not, in so many words, instruct the jury that it must presume a sentence of life imprisonment, it did instruct the jury that a death sentence could be reached only if (1) the jury found the existence of an aggravating factor beyond a reasonable doubt and (2) the aggravating factor outweighed any mitigating factors). Defense counsel asked what had happened, believing Juror 147 was one of the veniremembers who had been excused for failing to appear on the first day of jury selection. 1. Defense counsel offered the affidavit of Lewis under seal in support of the motion. Each party may challenge any prospective juror for cause. K.S .A. When she arrived, Stasi said John Osborne had paid for her to stay in a room at the Roadway Inn in Overland Park. Based on the foregoing, we hold there was no abuse of discretion in Judge Anderson's ruling. Robinson argues the prosecutor improperly utilized imaginary scripts: (1) during closing argument when the prosecutor advanced the rhetorical question, And one must wonder, did that poor, fat, disabled Debbie Faith, did she watch her mom get killed?; (2) during closing argument when the prosecutor said, We know that there he is grinning like a Cheshire cat; within hours of Lisa Stasi having that baby ripped from her arms.; and (3) during closing argument when the prosecutor made argument based on a letter Robinson purportedly sent to victim Lisa Stasi's brother, which was not admitted into evidence. The body had substantial trauma to the head caused by multiple blows from a blunt object with a rounded surface, consistent with a hammer. Com., No.2008SC000465MR, 2009 WL 4251649, at *910 (Ky.2009) (unpublished opinion) (curative instruction cured taint from juror's use of the Bible during deliberations). To bolster its contention that the State can increase the penalty for a completed first-degree premeditated murder, i.e., after the murder has been committed, the majority resorts to cases from foreign jurisdictions that are not on point. All of Robinsons children grew to be productive and contributing members of their communities., Robinson was also involved in the lives of his grandchildren. Hughes opened the barrels and confirmed each contained the remains of a human body. 2. A mitigation expert testified in Robinsons defense at his trial, saying he was severely abused as a child. Robinsons brother Don and Dons wife raised Tiffany Stasi as their own, renaming her Heather Tiffany Robinson, unaware that Dons brother had allegedly murdered the childs mother. Robinsons modus operandi was to target vulnerable women having problems in their lives. ABC's long-running journalistic and true crime show, '20/20,' focuses on notorious serial killer John Edward Robinson in an episode titled "Sole Survivor." It has resurrected his sinister reputation in public memory. Judge Anderson's rulings are supported by substantial competent evidence, and we find no error in the admission of these exhibits. did then and there unlawfully, intentionally and with premeditation kill Elizabeth G. Brittain, and that the intentional and premeditated killing of Elizabeth G. Brittain, and Douglas G. Brittain, was part of the same act or transaction or two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct. 286 Kan. at 62. See Lacey, 86 F.3d at 969 (in reviewing denial of motion to strike panel, the partiality of the jury is evaluated in light of those persons ultimately empaneled and sworn, not those who are excused). They also demonstrate that Mattingly's testimony was not prejudicial and, in fact, worked to Robinson's benefit. 1686, 29 L.Ed.2d 214] (1971); Reno [v. American Civil Liberties Union, 521 U.S. 844,] 870871, and n.35[, 117 S.Ct. These observations are a natural consequence of a jury trial; however, a prosecutor should not draw attention to these appearances and behaviorswhich may have gone unnoticed by the jurorsand then pontificate about what these actions mean. See State v. Crawford, 300 Kan. 740, 757, 334 P.3d 311 (2014) (misconduct could not have been prejudicial in light of highly persuasive evidence incriminating defendant). Robinson argues the State was obligated to prove that every killing alleged in each capital count was part of that count's common scheme or course of conduct and that the State's evidence failed to do so as a matter of law under his interpretation of that phrase. 284 Kan. at 572. Soon after their appointment, Berrigan and O'Brien signed pleadings and motions, played a leading role at motions hearings and status conferences, and handled the examination of witnesses and argument at the January 2002 evidentiary hearing on the venue motion. See Patton v. Yount, 467 U.S. 1025, 102930, 103334, 104 S.Ct. Failure to Define Common Scheme or Course of Conduct in Instructions, The district judge provided a separate elements instruction for each capital murder count, Counts II and III of the Fourth Amended Complaint. 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. State v. Gunby, 282 Kan. 39, 57, 144 P.3d 647 (2006). I write separately to address the majority's holding that the prosecutor's closing argument pertaining to occasions when Robinson cried and did not cry during the trial was beyond the scope of the penalty phase and served no purpose but to inflame the passion of the jurors and divert their attention from sentencing. Brown later conducted a check-out inspection of Lewicka's apartment and noticed she had left behind a fish tank, microwave, and table. Did the State present a multiple acts case? However, we rejected this argument because Kleypas failed to take advantage of provisions within the capital sentencing scheme allowing him to question jurors about his criminal record and remove those biased at the start of the penalty phase: K.S.A. While no two of the victims or their murders were identical, they are not required to be. As to the second Skilling factor, Robinson argues the media reported prejudicial facts that were inadmissible at trial, such as Robinson's white-collar criminal history; his connection to other missing persons; his involvement with other women; and his prosecution for fraud and murder in Missouri. He talks in that movie about tender mercies in life, how life is full of tender mercies, these tender mercies are things like being able to hear the rain on the ceiling, getting out of bed in the morning, filling your lungs with air and standing up and stretching or maybe laying in bed for a few extra minutes. 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. Juror 184 maintained no contact with the department after resigning from his volunteer position. In elaborating further on the second part of the framework, we explained: [I]f arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. 1698 (2015). See State v. Carr, 300 Kan. 1, 12122, 331 P.3d 544 (2014) (no error in denial of challenge of jurors who said they would lean toward death upon conviction where balance of record reflected jurors' willingness to consider mitigation and both sentencing options), cert. Robinson also suggests that the prosecutor's final remark[I]f not him, then who?appealed to the jurors' sense of duty to maintain the death penalty as a viable sentencing option under state law, contrary to our holding in Scott, 286 Kan. at 79 (Prosecutorial comments that tell jurors to honor their oath and return a verdict of guilty impliedly suggest that to do otherwise would be a violation of such duty and are improper.). K.S.A. However, this objection was founded on Moore's attempt to testify to the contents of the letter, not to its admission of the letter itself. The rulings were an appropriate exercise of lawful discretion and cannot be construed as retaliatory. 621830), overruled on other grounds by State v. Jacques, 225 Kan. 38, 587 P.2d 861 (1978). Robinson used computers and e-mail extensively and also utilized a cell phone and pager. The content within each message is logically connected to the others and reflects an ongoing exchange or dialogue between the parties. 3, 6(a) and (b). [witness who viewed original e-mail need only testify printout is an accurate reproduction] ). In the future, it would be harder for Robinson to manipulate women behind bars because he is widely known for luring, deceiving, and killing multiple women. 3. The district judge denied defendant's motion to strike the panel but instructed panel members to disregard the prosecutor's comments. 20301a continues to prevent judges of the district courts from trying cases or conducting judicial proceedings outside the boundaries of their judicial districts, absent proper assignment under K.S.A. 3. See Caldwell v. Mississippi, 472 U.S. 320, 32829, 105 S.Ct. Powered by, John Robinson was a serial killer who maintained a family life, even while luring women to their deaths under the online alter-ego, "Slave Master. The few courts that have addressed similar challenges have rejected the notion that due process compels the court to permit voir dire on the subject. Robinson was involved in the lives of both of Christys children and babysat them on a regular basis while their parents were at work. 3032 (exclusion may be an available remedy for search that violates state law where remedy is provided by statute or statute confers a substantial right, especially one related to Fourth Amendment protections). Young also observed a fracture of the right forearm, specifically the right ulna, which he testified to be consistent with a defensive wound. Sodders is inapposite. The defendant had killed more than one person as part of the same act or transaction (the Faiths) or as parts of a common scheme or course of conduct (Bonner, the Faiths, and Stasi), completing all of the statutory elements of capital murder before it was statutorily enacted. Mattingly's trial testimony was not of the type immune to such instruction. Lidia Ponce lived in Veracruz, Mexico. The trial court's instructions on the capital murder counts, along with the lesser included offense instructions, provided that the jury must find that the murders occurred in Johnson County, Kansas. Judge Anderson's rulings were supported by substantial competent evidence, and we cannot conclude from the record that no reasonable jurist would have agreed with them. The Decree also appeared to be signed by Judge Michael H. Farley, but Judge Farley testified the decree was fraudulent and his signature had been forged. On the first point, the dissent noted the obvious, i.e., that the finality of death makes it a qualitatively different punishment that requires a heightened need for reliability. See Anthony, 257 Kan. at 101920 (trial court did not abuse discretion or otherwise interfere with counsel of choice where it did not attempt to restrain counsel from entering the case and only declined the request to continue trial to allow new counsel time to prepare). The court records gave these details on the other victims. Robinson's selection criteria were also overly broad, including jurors who expressed a belief or a leaning toward the belief that Robinson was guilty or made statements Robinson believed to be suggestive of such a belief either during voir dire or merely in their questionnaire responses. On October 3, 2002, after completing voir dire, Robinson filed Defendant's Renewed Motion for Change of Venue, or, in the Alternative, to Discharge the Jury Panel, arguing that voir dire had proven inadequate to overcome community bias. Defense counsel acknowledged that Juror 184's death penalty beliefs were middle of the road. Judge Anderson's ruling is fairly supported by the record. Prior to his appointment to the bench, Judge Work was an assistant district attorney. Hanging on the wall of the duplex was a framed oil painting with the signature John 92 and the initials JR at the top. Robinson did not controvert this testimony. He was close with his family and their four children, and maintained a close relationship with his family members. 1, 343 P.3d 1165 (2015). United States v. Gagliardi, 506 F.3d 140, 151 (2d Cir.2007) (standard minimal); Lexington Ins. Even so, the majority held that Judge Paul Clark did not abuse his discretion under K.S.A. See, e.g., State v. Tague, 296 Kan. 993, 1005, 298 P.3d 273 (2013) (burden is on party asserting error to establish trial judge abused discretion in limiting cross-examination). The federal version of the rule is consistent with our prior holdings allowing the use of duplicates or secondary evidence, barring genuine disputes as to fraud or alteration. As such, the district judge's erroneous venue instruction does not constitute clear error. He didn't cry when there was testimony about Izabela Lewicka's body was taken out of that barrel. He was especially close with his youngest daughter, Christy. Simply put, there was ample evidence from which the jurors could have found that all of the murders were related to one another in some way and therefore part of a common scheme or course of conduct. Robinson first argues the prosecutor misstated the law by saying jurors should enter the box without preconceived opinions of guilt or innocence. The Tenth Circuit found the trial court had not limited any of the properly phrased general Morgan questions, but it had precluded specific Morgan questions. 153 F.3d at 120708. Judge Anderson found the testimony was clearly relevant based on the totality of the circumstances. However, we held that the testimony was clearly not part of the res gestae because the drugs were seized 10 days after the commission of the charged offenses and had no direct connection to them. at 2759 (Breyer, J., dissenting). First, the prosecution argued Trouten was taken by deception when Robinson lured her from Michigan to Kansas with false promises of employment and travel, for the specific purpose of killing her. Although the issue does not arise often, [citation omitted], we have held that curative instructions are an appropriate remedy when jurors are exposed, during their deliberations, to extraneous materials. 519 F.3d at 87. 2720, 115 L.Ed.2d 888 (1991) (Empirical research suggests that in the few instances when jurors have been exposed to extensive and prejudicial publicity, they are able to disregard it and base their verdict upon the evidence presented in court.). Defendant next challenges the trial court's denials of his continuance motions. The letter said Sheila had met a wonderful man named Jim. Did the Linn County search violate K.S.A. Based on this evidence, Robinson has failed to firmly convince us that the verdict would have changed but for the instructional error. O'Brien asked. Did the prosecutor improperly attack Nancy Robinson? See State v. Albright, 283 Kan. 418, 42627, 153 P.3d 497 (2007) (no error in denying mistrial where prosecutor's violation of limine order was not malicious and had little weight on minds of jurors). The precise sequence of events was important because if Mattingly observed Robinson cleaning unit F10 subsequent to the lessee's complaint, the logical inference was that some other foreign substance caused the mattress stain, i.e., biological fluid from a raccoon, according to Robinson, or seepage from the barrels holding the bodies of the victims, according to the State. She told her husband sh e was helping Robinson find property for a hydroponics project and planned to take a job with a Chicago company. After Thomas' withdrawal, O'Brien's associate attorney Luby entered his appearance for the defense, and Robinson never sought appointment of new counsel. 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.).
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