Authentication of a writing is required before it may be received in evidence. K.S.A. In other words, proof of the intentional, premeditated murder of each and every victim is a required essential element of the charged crime of capital murder equal in importance to every other element. See 269 Kan. at 606. State v. Cook, 286 Kan. 766, 768, 187 P.3d 1283 (2008). Lewicka seemed concerned when she inadvertently told Hayes her master was named John. Allegedly Disparate Rulings on Similarly Situated Hearsay Objections. 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. However, this evidence also was consistent with the State's theory that Robinson killed Lewicka in Johnson County and transported her body to Linn County to conceal the crime. K.S.A. 222401a(5). All of these events were part of the guilt phase of the case. First, there must be a reason to protect the jurors from identification. Mitigating circumstances will be those things that will tend to favor a life sentence. Nevertheless, those popularly elected public servants cannot be totally immune to the intense public pressure generated by high-profile cases. Moreover, the mere presence of the Bible in the jury room, standing alone, is not deemed to have affected any juror's sentencing decision. Does everybody understand that's why we're doing these things?. As such, we have held previously that multiple capital murder convictions under K.S.A. Pointedly, the majority cites to no Kansas case that has permitted such a ploy in any context, much less a capital case. ] State v. Scott, 285 Kan. 366, 372, 171 P.3d 639 (2007). The State concedes the error. Judge Anderson grew increasingly concerned that Robinson's line of questioning was staking out the jurya concern compounded by the fact that jurors were answering these questions devoid of any knowledge of the law governing the sentencing decision. Davis never met Bonner and only saw Robinson access the mailbox. Refusal to Strike Entire Panel Exposed to Juror 173's Comments. Robinson fails to demonstrate actual prejudice. In that vein, the majority's assertion that the last act or event necessary to trigger application of K.S.A. However, the legislature has placed territorial limits on the execution of search warrants issued by a district magistrate judge. 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. As to the second component, [i]f the double jeopardy issue arises from convictions for multiple violations of a single statute the unit of prosecution test is applied. 281 Kan. at 497. The defendant is entitled to ask questions during voir dire before the sentencing phase of the trial begins. Judge Anderson said Juror 173's comments came close but did not actually taint the entire panel. Nor did he communicate with anyone in law enforcement about this case. However, the subjective standard is appropriate here, as the court considers whether the juror can actually serve impartially, and the objective standard of prejudice applied to ineffective assistance claims is inapplicable. Judge Anderson's rulings indicate that Robinson effectively discharged the DPDU by retaining Thomas. The first time, Remington included only the logs she thought were most relevant to the investigation. 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. Robinson next challenges the sufficiency of the evidence supporting his first-degree premeditated murder conviction for the killing of Lisa Stasi, as alleged in Count V. Robinson believes the evidence was insufficient because Stasi's body was never found and that the evidence does not tie him to her disappearance.
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