nancy robinson john edward robinson

Short of such a line of inquiry, Judge Anderson did not substantially limit Robinson's case-specific inquiry during voir dire. In other words, the death penalty presents a Catch22 dilemma: to avoid unconstitutionality, a death sentence must be thoroughly and completely examined and reexamined, but the resultant delay renders the punishment unconstitutional. ROBINSON Genealogy | WikiTree FREE Family Tree In other words, the majority's magical provision declaring that an offense is committed when every element occurs is direct authority only when a court is determining whether the time limit for prosecuting an offense has expired. 3. At a family reunion in 1983, Donald and Helen told Robinson they were pursuing a private adoption. Eight of the 12 jurors were passed for cause without challenge from either party (Jurors 87, 92, 131, 147, 214, 246, 302, and 309). 222611, were not helpful in Grissom because the victims' bodies were never found. In the end, we find the prosecutor made three isolated improper remarks during a jury selection process and guilt phase trial that continued for several weeks. at 237. Robinson argues the prosecutor lacked a good-faith basis to assert as fact that defense counsel advised Cunningham not to produce a written report. Did the application and affidavit satisfy the necessity requirement? There are very few questions in this case that are unanswered, very, very few. (Emphasis added.). Similarly, defendant argues that Juror 184, who served on the jury, heard a fellow panelist describe Robinson as a predator. Again, this comment was made by a fellow veniremember, not publicized by the media. Turning to the first Skilling factor, defendant argued in his second and third renewed motions to change venue that a media circus spilled into the courtroom. As a general rule, [prosecutors] should not be allowed to develop new arguments on rebuttal, but should be restricted to answering the arguments put forth by defense counsel. Hall v. United States, 540 A.2d 442, 448 (D.C.1988) (quoting Moore v. United States, 344 F.2d 558, 560 [D.C.Cir.1965] ); see Supreme Court Rule 168(a)(2) (2014 Kan. Ct. R. Annot. 222401a. This list included the mailing addresses and, for some, birthday information for Trouten's family members. Robinson was convicted of capital murder on Counts II and III of the Fourth Amended Complaint. People do different things for different reasons; don't they? 60455), rev. 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. During direct examination, Carolyn Trouten testified to these facts, and she was subject to cross-examination from Robinson. A close examination of Mattingly's preliminary hearing testimony and the State's proffer undercuts Robinson's claim that prosecutor Welch intentionally misrepresented Mattingly's testimony in her proffer to the court. This was not the case. They were covered with a large plastic sheet, and cat litter had been sprinkled around the outside of the barrels inside the plastic. The district judge provided a curative instruction to the panel members and made inquiry to confirm their impartiality. Morrison testified the Ray letter and documents were disclosed with sufficient time to prepare Robinson's defense. 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. Robinson's citation to State v. Locklear, 105 Wash.App. Defense counsel began listing the names Jim Lions, Bob, at which point the State lodged its hearsay objection and the district judge sustained it. 222616(1). Robinson relies on Spain to argue that a course of conduct cannot include acts that are remote from one another in time, distance, and nature. Again, Robinson's argument is flawed. L.1970, ch. Considering the totality of the facts, along with the strength of the State's aggravating circumstance evidence and Robinson's less than compelling mitigation evidence, the comments did not affect the jury's consideration of the penalty phase evidence. 3032 (3d ed.2007) (searches invalid on state law grounds do not invariably require suppression of evidence). See Miller, 284 Kan. at 721 (prosecutor's improper comment held little weight in light of the overwhelming evidence against defendant). The prosecutor informed the district judge it had a witness who could substantiate the factual basis of the question, i.e., that during the course of their BDS & M relationship, Robinson brought his infant grandchild to their BDS & M liaisons on more than one occasion. 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. Yet defendant's challenge is based on a violation of state statute, not the Fourth Amendment to the United States Constitution or 15 of the Kansas Constitution Bill of Rights. 223410(1). See State v. Carr, 300 Kan. 1, 113, 331 P.3d 544 (2014) (quoting Witt, 469 U.S. at 424), cert. Wood testified that he did not prepare the document, that it deviated from his standard form, and that his signature had been forged. Even so, Anthony provides some useful parallels under similar facts. See Johnson, 354 F.Supp.2d at 956 (extensive media publicity justified use of juror numbers to protect jurors' privacy and limit their exposure to extrajudicial information). While no two of the victims or their murders were identical, they are not required to be. There, defendant moved for a 2month continuance 18 days before trial so that defendant's counsel of choice, Charles Atwell, could have adequate time to become involved in the case and prepare for trial. The argument invites the court to reweigh the competing evidence and substitute our judgment in place of the jury's. 1983), aff'd 553 Fed. Cunningham and Delo testified that an inmate's conduct during prior incarcerations is often an indicator of future behavior. As mentioned above, in State v. Kleypas, 272 Kan. at 101618, we found unconstitutional as applied the provision contained in K.S.A. The record established that Stasi was hysterical and crying when she called her mother-in-law on the afternoon of her disappearance, explaining somebody was trying to have her sign papers and take baby Tiffany from her. 2. Generally, the failure to lodge a contemporaneous objection to the admission of evidence forecloses subsequent challenge on appeal. Robinson served a 40month term of imprisonment with Kansas Department of Corrections (KDOC) from 1987 to 1991. 3. 2. There were also two pencil drawings displayed in the spare bedroom signed John 2000 and the initials JR underneath. Cf. 2, 89 P.3d 606 (2004) (Where the face of the statute leaves its construction uncertain, the court may look to the historical background of the enactment, the circumstances attending its passage, the purpose to be accomplished, and the effect the statute may have under the various constructions suggested.). In granting the State's challenge, Judge Anderson found that when finally put to the test, [Juror 185] couldn't do it [realistically consider both sentencing options]. When she returned a few days later, Trouten told her mother she did not like the idea of being away from home but had decided to take the job for 1 year to earn enough money to return to school. Even in Texas, which perennially leads the nation in executions, the number decreased from 40 in the year 2000, to 10 in the year 2013. In 1964 he moved to Kansas City and married Nancy Jo Lynch. Scott, 286 Kan. at 81 (prosecutor may refer to defendant as a murderer or killer when arguing that evidence shows defendant committed murder). The killings have to be related to one another, not the killer's methods. See Bouie v. City of Columbia, 378 U.S. 347, 354, 84 S.Ct. The lone, isolated remark was not gross and flagrant. If firmly held, such an opinion provides a possible basis for disqualification. Robinson argues the trial court improperly granted the State's challenge of Juror 253 based solely on her general opposition to the death penalty. Donald and Helen named the baby Heather Tiffany Robinson. Defense counsel asked Juror 63 if he would consider background in mitigation of punishment. Thank you.. Juror 316 said he had no viable solutions but shared in his questionnaire the belief that the appeals process should be streamlined. It is unlikely this particular ruling was fresh in the prosecutor's mind during the rebuttal portion of closing argument. Robinson later said the birth mother had decided not to place the child for adoption.. Of those jurors unsuccessfully challenged, all but one, Juror 39, was removed by peremptory challenge. The record simply contains no evidence describing how it came to pass that Robinson obtained physical control over baby Tiffany. Later, the majority refers to Trouten and Lewicka as the principal capital murder victims, declaring that their killings completed the elements of capital murder in each count. Prosecutor Welch proffered that Mattingly, consistent with her statements during preliminary hearing, would testify that (1) she received an odor complaint regarding unit F10; (2) she informed Robinson; (3) a short time later, she observed him cleaning unit F10 to remove a bloody, yucky fluid; and (4) Robinson's explanation for the fluid was that there was a dead raccoon in his unit. Judge Anderson decided Juror 14 adequately explained his questionnaire responses and demonstrated his fidelity to the law. at 2756 (Breyer, J., dissenting). Facebook/Kansas Department of Corrections I must have been out in the hall and her fall-back answer, Nobody asked me. What do you think? Robinson also engaged in a variety of conduct within Johnson County to lure and then exploit Sheila and Debbie Faith financially. 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. The test is whether the totality of the circumstances substantially prejudiced the defendant and denied him or her a fair trial. Stettler said he could complete his work and advise the defense team on the need for independent testing within 3 to 4 weeks. Prosecutor Morrison asked Juror 82 whether he would consider aggravating and mitigating circumstances and if he agreed that every case is different. The district judge's limitation on the scope of voir dire became an issue only after the defense changed course midstream and made a tactical decision on the thirteenth day of trial to inject the fact of Robinson's previous incarcerations into the proceedings. Robinson suggests the testimony was not useful to the jury. Whether a sentence is illegal is a question of law over which this court has unlimited review. State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). 16. The district judge's reliance on this language was misplaced. After the vote, the jurors engaged in a general conversation about their time on the jury. To assist jurors on the venue issue, the district judge gave the following instruction: If you find that the defendant committed criminal acts in one county which were a substantial and integral part of an overall continuing crime plan, and which were in partial execution of that plan, the prosecution may be in any county in which any of such acts occur., Robinson neither objected to the venue instruction nor offered an alternative. During follow-up questioning from defense counsel, Juror 115 agreed he would lean toward death upon conviction, even though he was willing to listen to and consider mitigation evidence. 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. denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. She had two children of her own, and he often babysat his grandchildren. 2. Remington testified that she spoke to Robinson, posing as Turner, by telephone on 20 to 30 occasions. That course of action would permit the first-degree premeditated murder conviction and accompanying life sentence for Stasi's killing to be affirmed and would permit the defendant to be convicted for Lewicka's killing, albeit for the lesser included offense of first-degree premeditated murder. Lisa Stasi, formerly Lisa Elledge, was 18 years old when she began dating Carl Stasi sometime after June 1983. Lewicka registered for an introductory drafting class at Johnson County Community College under the name Izabela LewickaRobinson and told her instructor that she was married to an older man. 12 also provides guidance for the jury to provide an alternative verdict for a life sentence. Dillehay explained that enhanced voir dire would require participation of attorneys, lots of questions, and small groups consisting of no more than four to six people, facilitating an environment where prospective jurors would be forthcoming. 222401a? See State v. Patterson, 25 Kan.App.2d 245, 251, 963 P.2d 436 (specific findings from evidence properly supported finding that burglary sexually motivated), rev. I want to assure you that you should not be concerned for your safety. See Caldwell v. Mississippi, 472 U.S. 320, 32829, 105 S.Ct. Here Judge Anderson did not base his ruling solely on Juror 253's questionnaire responses, and she repeatedly expressed uncertainty as to her ability to impose a death sentence during voir dire. Judge Anderson passed only 83 of the 259 panelists to the third phase of jury selection. Having determined the comment was beyond the scope of the evidence, we next decide whether Robinson suffered prejudice as a result. On June 2, 2000, the State filed its Complaint against Robinson, charging him with two counts of aggravated sexual battery and one count of theft. Both parties presume the challenged e-mails constitute writings and were offered to prove their content. Though married to Nancy since 1964, Robinsons infidelity was an ongoing issue in their marriage. Defendant cites Robinson v. All right. The defendant's voir dire has been effective in determining those jurors who cannot do this process of giving meaningful consideration to mitigating circumstances, and I do not believe this is contrary to the Constitution or to the case law counsel is citing. From July 1994 to September 1995, the checks were deposited into Robinson's HydroGro, Inc., business account at Community Bank of Raymorethe same account Robinson used to deposit Bonner's alimony checks. Christys daughter continued to talk to Robinson by phone during trial.. Cathy Norman's Testimony Regarding the Contents of a Writing. Robinson argues Judge Anderson erred in denying his challenge of Juror 69, who allegedly presumed defendant's guilt and shifted the burden of proof to defendant. State v. Fremont, 749 N.W.2d 234, 23738 (Iowa 2008). Hurd, 298 Kan. at 565; see State v. Hall, 246 Kan. 728, 76465, 793 P.2d 737 (1990), overruled in part on other grounds by Ferguson v. State, 276 Kan. 428, 78 P.3d 40 (2003). On voir dire, [a] party may not solicit a promise to return a particular verdict. [Citations omitted. Robinsons modus operandi was to target vulnerable women having problems in their lives. The district judge's reference to the delay that followed Thomas' entry of appearance and the appointment of cocounsel was an accurate account. That's not his way. Because LPD conducted this investigative work beyond its territorial jurisdiction, Robinson believes evidence derived from the trash pulls should have been suppressed. State v. SmithParker, 301 Kan. 132, 161, 340 P.3d 485 (2014). 222611 altogether. K.S.A. 2516, 165 L.Ed.2d 429 (2006), concluded that these events did not play a major role in the deliberations to this point and denied the motion. I begin with the statutory definition of the precise crime for which the defendant was purportedly charged, convicted, and sentenced to death. See State v. Goodwin, 223 Kan. 257, 258, 573 P.2d 999 (1977) (original required, but secondary evidence admissible where original unavailable). 3. State v. Marshall, 294 Kan. 850, 856, 281 P.3d 1112 (2012). State v. Bridges, 297 Kan. 989, 1012, 306 P.3d 244 (2013). State v. Carr, 300 Kan. 1, 248, 331 P.3d 544 (2014), cert. At the outset, we take the unusual step of noting that our review of this mattergiven its size and complexityhas been assisted and facilitated by the diligence and professionalism of the trial judge, Judge Anderson, throughout the proceedings below. The cited authority is distinguishable. 222505 was a general statute providing that search warrants shall be executed by law enforcement officers and had nothing to do with their territorial jurisdiction. The remarks properly suggested that Robinson's conduct and moral culpability was so severe that it warranted a sentence of death, an argument within the wide latitude afforded prosecutors in discussing the evidence. at 235. Defense counsel argued that the line was needed because it was possible such evidence could inadvertently spill over into trial. Was the Evidence Sufficient to Support the State's Aggravating Circumstance? Once Thomas was granted entry, Judge Anderson had a second opportunity to punish Robinson for retaining private counsel by denying his first motion for continuance. denied 278 Kan. 852 (2004); see also United States v. Johnson, 354 F.Supp.2d 939, 956 (N.D.Iowa 2005) (where jurors' identities known by parties, procedure might be described as innominate, rather than anonymous' ), aff'd in part 495 F.3d 951 (8th Cir.2007). Middlebrook v. Napel, 698 F.3d 906 (6th Cir.2012), cert. You decide. [G]athering sufficient evidence to successfully prosecute John E. Robinson and others yet unknown for the murder and kidnapping of Suzette Trouten. 2516, 165 L.Ed.2d 429 (2006). Juror 246 said her memory of media reported facts had faded over time. Robinson argues the prosecutor interfered with his exercise of peremptory challenges by infecting several small group panels with misstatements of law. At trial, the defense objected when the prosecutor asked Mattingly if she received any complaints related to Robinson's lease of unit F10, arguing the testimony called for hearsay and was irrelevant and prejudicial. I bet the [families of the victims] wouldn't agree Comment. denied 541 U.S. 1090 (2004). The trips never materialized, and police found Cox's letters during the search of Robinson's Olathe residence 2 years later. I just think the man's a predator. Debbie was born with a number of birth defects, including cerebral palsy, which limited her ability to walk and control her bladder, forcing her to wear adult diapers later in life. Lisa married Carl in August 1984. Robinson also relies on AbuJamal v. Horn, 520 F.3d 272, 302 (3d Cir.2008), cert. 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. In support, he cited studies in the fields of psychology and social science that suggest humans struggle to set aside preconceived opinions but will confirm their ability to do so when asked. We see no error in the prosecutor's remarks to the small group panels regarding the concept of mitigating circumstances. The surveys' results showed 94 percent of the respondents in Johnson County were aware of this case, compared to 80 percent in Harvey County and 64 percent in Ellis County. 1610, 75 L.Ed.2d 610 (1983). 222603, which provides [w]here two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur, and K.S.A. The two were extremely close and talked daily, even when Trouten was away. More than half of them were published in the same month the story broke. Ibarra also testified that Robinson showed him a nude picture of a girlfriend depicted in a BDS & M-themed pose. 222401a, the question turns to the appropriate remedy, if any. Contrary to Robinson's attempts to narrow and compartmentalize the meaning and scope of a common scheme or course of conduct under K.S.A. Robinson again highlights minor, technical variances, such as the location of caret symbols on one of the e-mails, as evidence of possible alteration but does not specifically controvert Taylor's testimony or the additional circumstances corroborating the authenticity of the messages. 272 Kan. at 1018. For jury instruction issues, the progression of analysis and corresponding standards of review on appeal are: (1) First, the appellate court should consider the reviewability of the issue from both jurisdiction and preservation viewpoints, exercising an unlimited standard of review; (2) next, the court should use an unlimited review to determine whether the instruction was legally appropriate; (3) then, the court should determine whether there was sufficient evidence, viewed in the light most favorable to the defendant or the requesting party, that would have supported the instruction; and (4) finally, if the district court erred, the appellate court must determine whether the error was harmless, utilizing the test and degree of certainty set forth in State v. Ward, 292 Kan. 541, 256 P.3d 801 (2011), cert. In other words, defendant could be convicted only if the course of conduct constituting the offense of continuous sexual abuse was completed after the new law became effective. However, Lewicka disappeared sometime in late summer or fall 1999. pic.twitter.com/o6lit5ePaE, Robinson couldnt conform to societys rules, and he came to law enforcements attention through a series of manipulative financial crimes before committing murders. K.S.A. Morrison's remarks explaining the purpose of the penalty phase reasonably conveyed to jurors that the process served as a mechanism to narrow the class of individuals eligible to receive a sentence of death by comparing aggravating and mitigating circumstances. Did Judge Anderson err in refusing to strike the entire panel? Moreover, this isolated remark was likely to have far less impact than the State's overwhelming and compelling evidence establishing that Robinson violently murdered this young, disabled teenager and her mother and, for years thereafter, reaped the financial benefits of his horrific acts by stealing their Social Security benefit payments. Robinson was devastated by the loss of his brother and shattered by the false accusations lodged by his mother. An abuse of discretion can occur in one of three wayswhen the trial court makes an error of law; bases its decision on facts not supported by the evidence; or makes an arbitrary, fanciful, or unreasonable decision. Longoria, 301 Kan. at 509. 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. 1847 (2013); United States v. FloresVelasquez, Crim.

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