Contact us. Consequently, broad discretion must be granted trial courts on matters of continuances; only an unreasoning and arbitrary insistence upon expeditiousness in the face of a justifiable request for delay violates the right to the assistance of counsel. However, the more important aspect of the vagueness doctrine is not actual notice but the other principal element of the doctrinethe requirement that a legislature establish minimal guidelines to govern law enforcement. Kolender v. Lawson, 461 U.S. 352, 358, 103 S.Ct. He wants you to extend all those things to him. 869, 71 L.Ed.2d 1 (1982) (The sentencer may determine the weight to be given relevant mitigating evidence.). Contrary to Robinson's assertion, the prosecutor's definition did not exclude circumstances outside the facts of the crime itself. 20301a. Before obtaining search warrants, law enforcement officers employed a variety of investigatory techniques, including searching Robinson's trash placed outside for collection at his Olathe residence. 158 (1932); see State v. Anthony, 257 Kan. 1003, 1018, 898 P.2d 1109 (1995) (An essential element of the Sixth Amendment's protection of the right to counsel is that a defendant must be afforded a reasonable opportunity to secure counsel of his or her choosing.). Lewis declared that, based on her preliminary review, there was reason to believe Robinson suffered from a bipolar mood disorder; he was severely physically and emotionally abused throughout childhood; as a result of this maltreatment, he experiences episodic dissociative states; as many as four generations of family members may have suffered similar mental illness; a 1991 MRI revealed brain abnormalities, allegedly a result of transient ischemic attacks; and Robinson cannot appreciate the nature and strength of the evidence against him. 2. Hotel staff confirmed Robinson was the person who checked out of the room and paid the bill. The murders of Trouten and Lewicka each constituted parts of the common scheme or course of conduct that included the murders of Stasi, Sheila and Debbie Faith, and Bonner. It is only when the instructions as a whole would mislead the jury, or cause them to speculate, that additional terms should be defined. State v. Norris, 226 Kan. 90, 95, 595 P.2d 1110 (1979). The State acknowledges this precedent but argues it is distinguishable because not all of the victims of the multiple murders are listed in all of the capital counts of the complaint. Although the prosecutor later provided a good-faith basis for the questions during the hearing on defendant's motion for new trial, the jury never heard it, potentially leaving the jury to imagine all kinds of damaging and prejudicial but false or inadmissible facts' that the defense could not refute. Carr, 300 Kan. at 11314. During the rebuttal portion of closing, the State argued that Robinson's common scheme or course of conduct was characterized by four circumstances or elements, including similar methods of killing the victims and subsequent concealment of the bodies. The medical examiners opined that Trouten and Lewicka were killed as a result of blunt-force trauma to the head inflicted by a hard object. Based on her independent recollection, Remington testified that State's Exhibits 4 and 5 were printouts from her home computer of e-mails she received from and sent to Robinson when he was posing as Trouten. Under the controlling framework, we first consider whether the remark fell beyond the wide latitude afforded prosecutors in discussing the evidence. 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). Therefore the prosecutor's statement did not constitute prejudicial misconduct. The parties agreed to release the 14 jurors with the highest assigned juror numbers. As we have already stated, Judge Anderson conducted proceedings with great deference toward and respect for Robinson's fair trial rights. 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. Although defense counsel took it upon themselves to divide the labor, Judge Anderson was unaware of this decision. It was typewritten and signed Lisa at the bottom and said Stasi had left town to start a new life with Tiffany. Trouten and Remington were also communicating via ICQ chat early that morning. He said it took him 3 weeks to organize the documents in a logical order. 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. Robinson used computers and e-mail extensively and also utilized a cell phone and pager. Defendant cites the same testimony he relied upon in the previous challenge of this veniremember. During defense questioning, Juror 202 said media coverage had not caused him to form any opinions because his memory of reported facts had faded over the 2 years that had passed since the story broke. She became so upset that the family arranged special contact visits, with the approval of sheriffs department personnel, while Robinson was in jail awaiting trial. Based on the foregoing, we find the isolated remarks did not prejudice Robinson's right to a fair trial. Improper Designation of Convictions as Sexually Motivated.