nancy robinson john edward robinson

Contrary to Robinson's assertion, Judge Anderson's rulings did not categorically prohibit case-specific questioning. 153 F.3d at 1206. We disagreed, finding that the allegation Scott killed Douglas Brittain was necessarily implied by the language used and a common-sense reading of the charge. 286 Kan. at 64. It is the jury's function, not ours, to weigh the evidence and determine the credibility of witnesses. [Citations omitted. 222516(1)(c). He met Lisa Stasi and her baby at a battered womens shelter in Kansas City, the timeline says. If the magistrate or judge is satisfied that there is probable cause for the issuance of a warrant, he shall issue such warrant describing the property to be searched for and seized and naming or describing the person, place or means of conveyance to be searched. See State v. Anthony, 282 Kan. 201, 214, 145 P.3d 1 (2006) (evidence of defendant's prior civil eviction and restraining order did not imply propensity to commit first-degree premeditated murder, testimony falls beyond limitations of K.S.A. Cunningham explained that Robinson would be placed in a much higher security level, limiting his interaction with and access to prison staff. As to Juror 147's decision to bring the Bible into the jury room, the district judge found, based on the jurors' testimony, that they did not read from or use it as a resource during deliberations. Judge McClain was endorsed as a witness in the Kuti case because Obermeier believed Robinson's failure to disclose the Back Care prosecution constituted a material omission, an essential element of the securities fraud count pled in that case. Juror 14 confirmed he would consider mitigation evidence and weigh it against aggravating circumstances when questioned by the State, and he confirmed that he would consider a defendant's background specifically in response to defense questioning. 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. Obviously with this, if not him, then who? (Brown) Robinson in Beech Grove, Indiana. 1594 (2012). State v. Salary, 301 Kan. 586, Syl. Hanging on the wall of the duplex was a framed oil painting with the signature John 92 and the initials JR at the top. Finally, we believe the language in Instruction No. 696 F.2d at 955. 3. 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. At a continued hearing on July 27, 2001, Judge Anderson granted the DPDU's motion to withdraw and announced his intention to appoint capital defense qualified cocounsel to assist Thomas. And that only included exonerations in the sense that the defendant was granted relief from all legal consequences of a capital conviction through a decision by a prosecutor, a Governor[,] or a court, after new evidence of the defendant's innocence was discovered. 135 S.Ct. 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. During the initial portion of the State's penalty phase closing argument, the prosecutor commented on Nancy Robinson and the credibility of the opinions she provided to the jury. See State v. Scott, 271 Kan. 103, 117, 21 P.3d 516 (highly encouraging courts to follow the language found in the PIK instructions unless facts of case dictate otherwise), cert. 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. In Sodders, 255 Kan. at 84, despite the absence of any federal or state constitutional violation, the court affirmed the suppression of evidence where Overland Park police officers exceeded their territorial jurisdiction by executing a search warrant within the municipal boundaries of Lenexa. Courts have found such printouts acceptable for best evidence purposes, even where the e-mails have been forwarded. Trouten told Remington she would earn $6,500 per month and travel to places such as Australia and Hawaii working for Robinson. It is not a recommendation. Defense counsel acknowledged that Juror 184's death penalty beliefs were middle of the road. Judge Anderson explained that Juror 147 had been deferred on the first day due to Yom Kippur, but that he appeared on the second day and was assigned to the current panel for small group voir dire. But see generally State v. Schoonover, 281 Kan. 453, 517, 133 P.3d 48 (2006) ( The requirement that a warrant must be issued by a neutral and detached magistrate does not equate to a constitutional mandate requiring that a judge have no contact with or knowledge of the case or the defendant. ) Nor has the Supreme Court decided whether a magistrate's former prosecution of a defendant violates the neutral and detached magistrate requirement. March 1979 36 Robinson is discharged from federal probation with an excellent report from his We review best evidence and authentication challenges on appeal for an abuse of discretion. We find no error in Judge Anderson's ruling. The provision states: This code has no application to crimes committed prior to its effective date. 213102(4), which addressed the scope and application of the Kansas Criminal Code that was effective July 1, 1970. granted in part 135 S.Ct. Cunningham highlighted studies conducted by the United States Department of Justice that found that an inmate's conviction for violent crime was not a reliable predictor of prison adjustment and did not correlate with higher rates of prison violence. However, Judge Anderson did not construe Juror 271's testimony in this fashion. Importantly, the legislature placed no such territorial limitation on search warrants issued by district judges. When questioned on the subject again during general voir dire, Juror 39 understood she would have to disregard all media facts and start with a clean slate at trial and confirmed her willingness and ability to presume defendant innocent. Mitigating circumstances are to be determined by each individual juror when deciding whether the State has proved beyond a reasonable doubt that the death penalty should be imposed. Robinson also argues that the e-mails did not constitute the best evidence because there were signs of possible alteration. In affirming the denial of continuance, we explained: [S]imply arguing that there may be an issue worthy of another motion is insufficient to justify a continuance. But I don't want to get into a determination during voir dire as to what this individual juror's position is on it and how they would vote on it and how much weight they would attach and whether that's over the threshold of overcoming the aggravating circumstance which is what I think you were getting into the other day. The resolution of these competing statutory interpretations lies within the history of the pertinent statutes. The judge asked, [S]he's going to testify that she encountered him cleaning out the lockers? Prosecutor Welch responded, Yes, and that his explanation was there was a dead raccoon in there; from his mouth, there was a dead raccoon in there.. 763 F.2d at 908. John Edward Robinson (born December 27, 1943) is an American serial killer, con man, embezzler, kidnapper, and forger who was found guilty in 2003 for three murders committed in and around Kansas City, receiving the death penalty for two of them. Morrison testified that Judge McClain said something to the effect that he knew the defendant as a, quote, con man or, quote, shyster, but characterized his comments as very brief and benign. Judge Anderson found LPD officers were not acting under the color of office and this activity fell beyond the scope of K.S.A. That apparently was the district court's intention. Defense counsel continued to approach the same question from different angles, but Juror 115 stayed firm in his position, confirming that a person's background and other mitigation would be relevant to his sentencing decision. In particular, Robinson believes these e-mails were unreliable because most exhibits had been forwarded to law enforcement and printed, rather than printed from the original recipient's computer. 367, 92 L.Ed. Nevertheless, I agree the misconduct in this case was harmless beyond a reasonable doubt. 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. See K.S.A. He was married to Nancy Robinson, and the couple had four children and lived in the Kansas City area. Defense counsel explained that earlier that morning, he entered Judge Anderson's chambers and noticed a copy of that morning's Olathe Daily News sitting in the reception area. His overall statements did not reflect blind adherence to the testimony of law enforcement officers over lay witnesses. Robinson also highlight's Juror 184's statement that he expected the defense to put on mitigation evidence. The applicants also explained that continued surveillance would confirm overt acts but was unlikely to yield physical evidence or disclose coconspirator involvement, Robinson's modus operandi, or the specific nature of Robinson's relationship with the women he recruited. . Robinson first contends that Judge Anderson's rulings were intended to punish defendant for the delay that resulted when he retained Thomas in place of the DPDU. Debbie had cerebral palsy. The prosecutor's challenged remarks were proper rebuttal to Robinson's closing argument. Also, they would have held little weight in the minds of jurors, given the State's overwhelming evidence of Robinson's guilt. Unlike the situation in Alderson, neither Judge McClain nor any member of his family suffered injury or financial loss from Robinson's sham affidavits. Perhaps the majority intended to apply the statute of limitations provision by analogy, i.e., as persuasive support for its completed crime theory of retroactively imposing the death sentence. Stasi was apparently murdered for her child, Bonner for her divorce maintenance payments, the Faiths for their Social Security benefit payments, and Lewicka to clear the way for a former paramour. She stated that on several occasions in the spring of 2000 she had visited the rural Kansas property where the bodies of Trouten, 27, of Michigan, and Lewicka, 21, of Indiana, were discovered. Consequently, in its instructions, the trial court used the then-applicable language from Kleypas, requiring jurors to find that aggravating circumstances outweighed mitigating circumstances before imposing a sentence of death. Denial of Challenges for JurorSpecific Reasons. In February 1998, Robinson contacted Jennifer Boniedot, a property manager for the Deerfield Apartment Complex in Olathe. Such speculation is insufficient to demonstrate error. I want to make it very clear. However, Sodders examined the statutory scheme governing law enforcement officers' territorial jurisdiction, not judges of the district courts. We have identified a two-part balancing test for analyzing the propriety of a district court's use of an anonymous jury identification system. First, Robinson highlights Judge Anderson's decision to exclude certain testimony from Suzette Trouten's former landlord, John Stapleton. Using known dental x-rays, Young opined the victim was Debbie Faith. See Carr, 300 Kan. at 149 (jury free to consider evidence offered in support of one charge in considering separate felony-murder charge, where all charges properly joined together in a single complaint); State v. Cromwell, 253 Kan. 495, 50910, 856 P.2d 1299 (1993) (where charges tried together, evidence of defendant's commission of charged offense admissible to support other charges). Did the State's evidence establish a common scheme or course of conduct? Under nearly identical facts, Kansas courts have found no reasonable expectation of privacy in trash set out for collection at the edge of defendant's property in close proximity to the curb, even if located within the curtilage. But doing so would only increase the already too high incidence of unreliable and arbitrary death penalties and risk causing procedural harms that also undermine the death penalty's constitutionality. 135 S.Ct. Lewicka was spirited and fought with her parents for autonomy and control over her life. We found the arguments improper because when the prosecutor began speculating as to the victim's thoughts and essentially making up an [i]nternal dialogue for the victim, he crossed the line into a blatant appeal to the emotions of the jury. 272 Kan. at 1114. 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. Second, Robinson objects to the prosecutor's discussion of aggravating and mitigating circumstances during voir dire of the thirteenth small group panel, which included petit Jurors 87 and 92. All of Robinsons children grew to be productive and contributing members of their communities.. STATE of Kansas, Appellee/Cross-appellant, v. John E. ROBINSON, Sr., Appellant/Cross-appellee. I don't want jurors sitting up there thinking why didn't you tell us that before [Defense Counsel] went through the whole trial with regard to Dr. Bonner working in Cameron. State v. Ruebke, 240 Kan. 493, 50001, 731 P.2d 842 (Unless we are to assume that (1) the jurors selected to try the defendant violated their oath when they swore that they could give the defendant a fair trial or (2) an individual can commit a crime so heinous that news coverage generated by that act will not allow the perpetrator to be brought to trial, the defendant has not established substantial prejudice.), cert. 213439(a)(6), which defines the offense to include the intentional and premeditated killing of more than one person as a part of the same act or transaction or in two or more acts or transactions connected together or constituting parts of a common scheme or course of conduct. The counts were identical in charging the murder of a principal victim as one of multiple acts or transactions constituting parts of a common scheme or course of conduct in which other human beings were killed in a premeditated and intentional manner, to-wit: Beverly J. Bonner, Sheila Faith, Debbie Faith and Lisa Stasi. Count II charged Suzette Trouten as the principal victim and Count III charged Izabela Lewicka as the principal victim. The defense conceded that the testimony regarding Robinson's prior incarceration would have no effect on the juror's decision on guilt or innocence and again maintained that the failure to disclose it at this juncture could undermine their credibility during the penalty phase. Since Marsh, we have clarified that Kansas' statutory scheme does not include a true evidentiary presumption in favor of a life sentence, but instead places the burden on the State at every turn in its attempt to secure a sentence of death. 4. However, Stettler wanted to review the supporting data and requested the same. 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. 0328ART, 2013 WL 1182515 (E.D.Ky.2013). When faced with a claim of actual prejudice, a trial court must review the media coverage and the substance of the jurors' statements at voir dire to determine whether a community-wide sentiment exists against the defendant. denied 541 U.S. 1090 (2004). Other courts, including the Ninth Circuit itself, have distinguished Mach on similar grounds. Ex parte Ingram, 779 So.2d 1283 (Ala.2000). Annie Robinson 1900 - 1977 John Howard Robinson 1896 - 1972 Louisa E Robinson 1860 - 1942 104004101SAC, 2010 WL 2653423, at *3 (D.Kan.2010) (unpublished opinion) (trash placed at the end of the driveway as if awaiting regular pickup not within curtilage). 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. The State had established Young's education, training, and experience on direct examination, which demonstrated his competence to render an opinion on the subject. [DEFENSE COUNSEL]:police officer has the edge? However, if one or more jurors is not persuaded beyond a reasonable doubt that aggravating circumstances outweigh mitigating circumstances, then you should sign the appropriate alternative verdict form indicating the jury is unable to reach a unanimous verdict sentencing the defendant to death. 213107(2)(d), the first-degree premeditated murder was a crime necessarily proved if the capital murder was proved and the legislature had not authorized multiple prosecutions. Robinson's construction of K.S.A. Defense counsel frequently used a football analogy to gauge the veniremembers' exposure to pretrial publicity and opinions formed from it. Robinson argues the State failed to properly authenticate State's Exhibit 20, a copy of an e-mail sent from Trouten's Hotmail account to several family members, including Trouten's aunt, Marshalla Chidester, because the State redacted the header information showing that Chidester had forwarded the e-mail to them. Identify[ing] future kidnapping victims targeted by John Robinson and gather[ing] sufficient information to intervene and prevent harm to any future victims.. Robinson argues the trial court erred by allowing Rundle to testify to the number of tools seized during the search because it implied some sort of obsession with the type of weapon purportedly used to kill Suzette Trouten, as well as the defendant's desire to kill yet more women in the same manner and at the same place. Clearly, Rundle did not testify to a prior crime within the meaning of K.S.A. The record includes two articles warning of the dangers of online dating in the aftermath of the crimes, but these reports reflect opinions of a law enforcement officer and a journalist rather than community-wide sentiment. Did the trial court apply an incorrect legal standard? In the e-mail, the author provides some personal background information and outlines his rules and expectations as a master in BDS & M relationships. 214624(e) unconstitutional on its face. No. His comments were founded on her cross-examination testimony and reasonable inferences from it. In this regard, the judge's former prosecution and the enhancements sought at sentencing arose from the same acts or transactions. we wanted to keep that in some way.. This challenge goes to the heart of the question of actual Sixth Amendment prejudice. Debbie was fully closed and wearing an adult disposable diaper. This protection is incorporated into and made applicable to the States through the due process provision of the Fourteenth Amendment. She told a friend she was moving to Kansas City to be with an older married man who had offered her a job doing secretarial work and illustrating BDS&M manuscripts. Judge Anderson said Juror 173's comments came close but did not actually taint the entire panel. Eight of the 12 jurors were passed for cause without challenge from either party (Jurors 87, 92, 131, 147, 214, 246, 302, and 309). The best evidence rule provides that [a]s tending to prove the content of a writing, no evidence other than the writing itself is admissible, except as otherwise provided in these rules. K.S.A. In 1964 he moved to Kansas City and married Nancy Jo Lynch. Pojman then conducted the autopsy of the body in the second barrel, later identified as Lewicka. Phase one was devoted to hardship issues and began on September 16, 2002. 529 (2012); but see State v. Finley, 273 Kan. 237, 24445, 42 P.3d 723 (2002) (prosecutor's comments asking the jury not to let the defendant get away with the crime is in most instances permissible comment). 223410 and K.S.A. This testimony was corroborated by Trouten's subsequent conduct and other circumstantial evidence. The trial court denied the second renewed motion for venue change, finding that he had no idea whether any jurors saw the newspaper, but even if they did, there was no prejudice in light of the content and given the media's extensive reporting on defendant's motion to change venue earlier that spring. The State concedes that Juror 147 engaged in misconduct. The logic of Kleypas does suggest that jurors who would consider evidence in mitigation only in the rarest and most exceptional circumstances are substantially impaired. Independently, Robinson argues Glines' testimony introduced collateral facts that were irrelevant under K.S.A. At the start of closing argument, prosecutor Morrison characterized Robinson's acts as sinister and provided examples of his conduct warranting the title. Thereafter, Robinson deposited the checks into his Specialty Publications' accounts at other financial institutions. We discussed the movant's duty to make such a proffer in Burnett, 300 Kan. 419, where defendant requested a continuance in order to prepare a redacted and admissible version of the videotaped recording of his police interview. The general rule is that an admonition to the jury normally cures the prejudice from an improper admission of evidence. State v. Navarro, 272 Kan. 573, 582, 35 P.3d 802 (2001). Sandre needed furnishings for the duplex, and Robinson agreed to provide them. During the evidentiary hearing, the defense asked its expert witness, Dillehay, whether Dahl's venue questionnaire was valid even though it failed to explore respondents' ability to set aside their opinions of the case. Did the prosecutor's remark about ripping Lisa Stasi's baby from her arms constitute prejudicial misconduct? Can district judges issue extraterritorial search warrants? Other courts considering this issue have decided there was no error in similar circumstances. According to his appeal, the expert testified her preliminary investigation suggested Robinson had endured chronic and life-threatening violence, abandonment, and neglect at the hands of his caretakers. We have defined mitigating circumstances as those which in fairness may be considered as extenuating or reducing the degree of moral culpability, or blame, or which justify a sentence of less than death, even though they do not justify or excuse the offense. Kleypas, 272 Kan. 894, Syl. See, e.g., Robinson v. Polk, 438 F.3d 350, 36364 (4th Cir.2006) (state court's finding that jury's reading of Bible during sentencing deliberations in capital proceeding did not violate Sixth Amendment is neither contrary to nor unreasonable application of clearly established federal law); Lenz v. Washington, 444 F.3d 295, 31012 (4th Cir.2006) (following Robinson ); United States v. Rodriguez, 667 F.Supp.2d 218, 222 (D.Mass.2009) (There is no proscription on jurors reading the Bible before or after deliberations, or having a personal Bible in their possession.), aff'd 675 F.3d 48, 5961 (1st Cir.2012); cf.

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