Delo corroborated this testimony, confirming that as an inmate ages, the risk of violence decreases. Robinson was involved in the lives of both of Christys children and babysat them on a regular basis while their parents were at work. Nov. 16, 1943 - Dec. 16, 2015 John Edward Robinson, 72, passed away on Wednesday, December 16, 2015. Phil Gibson, an investigator for the defense team, testified that it would take substantial time to complete witness interviews because of the State's massive endorsed witness list, which included roughly 600 witnesses, 79 of whom had been endorsed after the February 2001 preliminary hearing. See Abasolo v. State, 284 Kan. 299, 304, 160 P.3d 471 (2007) (where the sentence announced from the bench differs from the sentence later described in the journal entry, the orally pronounced sentence controls); Royse, 252 Kan. at 398 (Once a sentence is imposed, the district court is powerless to vacate that sentence and impose a harsher sentence.); see also In re L.L.B., No. 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. Juror 336 shared her belief that a life sentence is a proper punishment, assuming the defendant remained incarcerated for his entire life. Cunningham admitted, however, that he did not speak to KDOC officials regarding their policy and did not know definitively whether Robinson would have Internet access in its facilities. The child fell ill and died, and Robinsons mother blamed him for the death. Indeed, in discussing the letter sent to Elledge, the prosecutor improperly referenced a document that was not admitted into evidence. Robinson began his pretrial confinement at the Johnson County Detention Center in a medium security setting but was later transferred to maximum security when the State charged him with capital murder. This finding is supported by substantial competent evidence and is entitled to deference. Powered by. State v. Wilson, 247 Kan. 87, 98, 795 P.2d 336 (1990). L.1988, ch. 2516, 165 L.Ed.2d 429 (2006), to argue the tools were not logically connected to the crimes. She is covering the trial for Courttv.com. See State v. Hilt, 299 Kan. 176, 199, 322 P.3d 367 (2014) (prosecutor's use of Goodfellas film as rhetorical device not misconduct where reference to the iconic film in connection with the case brought order to the facts and placed them in the meaningful context of the prosecution's theory of the case). Here, the prosecutor made no such argument. On voir dire, [a] party may not solicit a promise to return a particular verdict. [Citations omitted. However Robinson's first motion to change venue on Sixth Amendment grounds was pursued prior to voir direa point at which a claim of actual prejudice under the Sixth Amendment was premature. By limiting case-specific questioning that required prospective jurors to assign weight to aggravating or mitigating circumstances and provisionally decide the sentence in light of such facts, Judge Anderson's rulings can be construed reasonably from the record as an attempt to avoid unnecessary delay on a subject that served no useful purpose, i.e., staking out the jury. Later that same day, Robinson filed his second motion for continuance, arguing that counsel Berrigan and O'Brien (appointed counsel) and Thomas (retained counsel) had an agreement as to the division of labor in the case, whereby retained counsel was handling the guilt phase and appointed counsel the penalty phase. Since Witt, the Supreme Court has deferred to the trial court's finding of substantial impairment, even in situations where the challenged juror at times expressed a willingness to impose a sentence of death. We cannot find fault in Judge Anderson's decisions in the absence of such a showing. Robinson argues that after being sworn, Juror 147 allegedly committed juror misconduct by bringing a Bible into the penalty phase deliberations. Lenexa Police Detective Michael Bussell drove by Robinson's residence 50 to 60 times from March to June 2000, exploring the location, developing strategies for collecting Robinson's trash, and coordinating trash pulls on collection days. Robinson relies on Sincavage v. Superior Court, 42 Cal.App. Despite this evidence, Robinson argues the e-mails should have been excluded because of possible indicators of alteration. Also, they would have held little weight in the minds of jurors, given the State's overwhelming evidence of Robinson's guilt. Factual and Procedural BackgroundGuilt Phase. Chidester was convinced Trouten did not write the e-mail because the word choices, style, and format were inconsistent with Trouten's writing. In State v. Marsh, 278 Kan. 520, decided by this court on December 17, 2004, this court reversed tack on Kleypas and declared the original weighing equation provision of K.S.A.