Additionally, law enforcement officers seized 1998 IRS Form 1099 statements for Sheila and Debbie Faith, along with photocopies of their SSA benefit checks for September 1997. Scott, 286 Kan. at 81 (prosecutor may refer to defendant as a murderer or killer when arguing that evidence shows defendant committed murder). 222503; limitation on territorial jurisdiction applies to district magistrate judges only). He reported for duty at Great Lakes Naval Base, outside Chicago, Illinois, in early January 1985. Judge Anderson's ruling is fairly supported by the record. Aggravated kidnapping is kidnapping when bodily harm is inflicted upon the person kidnapped. K.S.A. Also, we presume prospective jurors followed the district judge's instruction, and we agree with Judge Anderson that the remarks were not of the type or character immune to such curative measures. 1444, 20 L.Ed.2d 491 (1968). Robinson oversimplifies the underlying facts. Robinson believes the statutory language was susceptible to arbitrary application because his case lies at the boundaries of the concepts of common scheme and course of conduct, and, therefore, it was difficult for the jury to determine whether his conduct fell within them. Robinson argues the district judge failed to apply the hearsay rules consistently between similarly situated challenges of the defendant and the State. at 772; see United States v. Waters, 786 F.Supp. In reviewing challenges to jury instructions in the penalty phase of a capital trial, we have employed the following standard of review: In considering a [preserved] claim that a jury instruction in the penalty phase of a capital trial prevented the jury from giving proper consideration to mitigating evidence, our standard of review is whether there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence. Boyde v. California, 494 U.S. 370, 380, 110 S.Ct. The record supports Judge Anderson's use of a juror numbering system under the two-part Brown balancing test, and we find no error. The report appeared to be signed by Dr. William Bonner, but he testified that he had never treated Debbie Faith, had not prepared the report, and had never had an office at the address identified in the document. He stole from his parents and school friends and often lied about his class achievements. On September 3, the insurance policy Robinson placed on Lewicka's vehicle lapsed because of nonpayment of premium. Olathe police freely entered the community to execute warrants and handle other police business. Cunningham had testified as an expert on more than 150 occasions. McClain arrived 10 minutes later and saw two Pekingese dogs inside a small-medium-sized carrying kennel located just outside the office. And what was the complaint? 223412 provides that defendants charged with an off-grid felony shall be allowed 12 peremptory challenges. Robinson argues Judge Anderson's rulings prevented counsel from eliciting biases that would give rise to challenges for cause and impaired the defense's use of peremptory challenges. This argument is founded on the assumption that Judge Anderson categorically denied Robinson opportunity to explore juror bias related to case-specific factual allegations. She also confirmed her fidelity to the trial court's instructions, including instructions to meaningfully consider mitigation evidence. Law enforcement officers began searching unit E2, and within 10 minutes, they smelled a foul odor that they associated with a decomposing body. What the issue is, if you're going to be a juror on this case, jurors have got to be able to set that aside. Specifically, he claims the prosecutor improperly: (1) commented on Robinson's silence; (2) shifted the burden of proof to the defense; (3) appealed to community interests; and (4) undermined the presumption of innocence during voir dire. Authorities argued in court that Robinson murdered one victim 19-year-old Lisa Stasi because he wanted to take her 4-month-old daughter and give the infant to his brother and sister-in-law, who were unable to have children. This fact is important because Hensley recognized a legally significant distinction between a juror's personal resort to religious values and his or her decision to consult a minister for guidance in deciding the sentence. Ray first contacted his office, offering to testify against Robinson, around July 2001. 386, 391392 (1798) (opinion of Chase, J . 8 v. Yates, 275 Kan. 291, 296, 64 P.3d 357 [2003] ). Manning, 270 Kan. at 691. As to the fact that my kids were in California, I was out there with them. Accordingly, both capital murder convictions should be set aside, along with both corresponding sentences of death. See State v. Novotny, 297 Kan. 1174, 1190, 307 P.3d 1278 (2013) (even assuming prosecutor's comment on defendant's demeanor was misconduct, isolated nature of remarks did not rise to the level of being gross or flagrant). Robinson also engaged in a variety of conduct within Johnson County to lure and then exploit Sheila and Debbie Faith financially. Judge Anderson told the State to [w]ork at it real hard, be creative. Connally v. Georgia, 429 U.S. 245, 25051, 97 S.Ct. Nor did the circumstantial evidence reasonably give rise to such an inference. Juror 202 said he could realistically consider a life sentence but expressed his own mild preference and slight favor for the death penalty. Yet, our capital murder statute suggests the present tense when it defines the crime as the killing of more than one person. Like Husted, that language does not express an intent to apply to someone who has killed prior to the statute's enactment. K51711). 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.) Robinson cites State v. Tosh, 278 Kan. 83, 91 P.3d 1204 (2004), in support of his position. Trouten told her mother she had decided to put her belongings in storage, rather than find an apartment immediately, because she and Robinson would be leaving on their trip soon. The trial judge, however, limited Judge McClain's testimony to foundation issues only, and Judge McClain did not testify beyond that boundary. 163, sec. He also confirmed that his personal views regarding sentence would yield to the judge's instructions on the law. He wasnt a faithful husband. In June 2002, Judge Anderson entered a written order outlining the court's rules for handling juror questionnaires. Ingram v. State, 779 So.2d 1225, 1276 (Ala.Crim.App.1999) (trial court's reference to jury's capital sentencing verdict as a recommendation did not violate Caldwell ), aff'd sub nom. See State v. Snodgrass, 252 Kan. 253, 264, 843 P.2d 720 (1992) (trial court did not abuse discretion in denying continuance where a prior continuance had been granted on eve of trial); United States v. Sharrak, 527 Fed. The court denied the motion for continuance. However, the State's evidence had established that Robinson returned home with an infant around the time of Lisa Stasi's disappearance. Thus, application of the exclusionary rule does not inevitably follow unless the legislature has enacted such a compulsory remedy. On September 1, a $500 check payable to Specialty Publications was drawn on Lewicka's account, leaving an available balance of $1. See K.S.A. He didn't cry when there was testimony about Izabela Lewicka's body was taken out of that barrel. Robinson used e-mail not only to conceal Trouten's disappearance, but also to lure Trouten's friends into new BDS & M relationships. He reviewed correctional records, information about the offenses of conviction, the presentence reports, and Robinson's criminal history and educational and medical records. However, Judge Anderson, who was best positioned to observe demeanor and nonverbal communication, found no substantial impairment from the totality of her responses. Morrison said a few inmates, including Ray, had contacted his office, but Morrison believed Ray lacked credibility and the State was not interested in his testimony. 437, 71 L.Ed. In LaraRamirez, the First Circuit reviewed a district court's decision to declare a mistrial based on the fact that a juror brought a Bible into the jury room, referred to specific portions of the text, and told fellow jurors that they should consider what God says in the Bible in their deliberations. The brief and isolated nature of the comment also leads us to conclude that it bore little weight in the minds of jurors during their consideration of the evidence supporting the aggravating and mitigating circumstances. Robinson cites no authority directly supporting his theory of prejudice or resentencing as a proper remedy, and, even if there were, we hold the death verdict actually rendered in this trial was surely unattributable to the fact that the prosecution charged Robinson with two counts of capital murder instead of one, as both convictions supported but one aggravating circumstance and no new evidence was admitted during the penalty phase to support it. He was married to Nancy Robinson, and the couple had four children and lived in the Kansas City area. The State attempts to distinguish Flournoy, arguing the prosecutor's comments there were unsupported and concerned the victim's possible last thoughts rather than the events she may have witnessed. State v. Wilson, 295 Kan. 605, 627, 289 P.3d 1082 (2012). State v. Kleypas, 272 Kan. 894, 97475, 40 P.3d 139 (2001), cert denied 537 U.S. 834 (2002), overruled on other grounds by Kansas v. Marsh, 548 U.S. 163, 126 S.Ct. As defense counsel continued to focus on his football field analogy, Juror 271 offered the following unsolicited remarks: I just think I could be impartial. However, Judge Anderson provided the following supplemental instruction: What the Bible says about the appropriateness of a death penalty in a particular case is not a legitimate concern of a penalty phase jury.
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