However, K.S.A. Robinson suggests there was no evidence jurors needed such protection. For the third step, the district court must apply the applicable rule or principle. He is an American serial killer who was convicted in 2003 of the murders of three women during a fifteen-year period. Kleypas, 272 Kan. at 107475 (the sentencer is free to conclude that some circumstances claimed to be mitigating are not mitigating circumstances); see Eddings v. Oklahoma, 455 U.S. 104, 11415, 102 S.Ct. This was not the case. Robinson's trial was conducted after Kleypas, 272 Kan. 894, where in order to survive constitutional scrutiny, we construed the statutory weighing equation to require a showing that aggravating circumstances outweighed mitigating circumstances before a sentence of death could be imposed. [Citations omitted . The body was curled up inside the barrel and fully dressed for cold weather. The Court stated that a prospective juror may be excluded for cause because of his or her views on capital punishment where the juror's views would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath. Kleypas, 272 Kan. at 991 (quoting Witt, 469 U.S. at 424). Indeed, one offender was exonerated by DNA evidence 30 years after his conviction, so that an abbreviated or cursory appellate review would have resulted in the execution of an innocent man. Moreover, as to the other victims identified in the capital counts, Robinson carried out a substantial portion of his common scheme or course of conduct in Johnson County. Carr, 300 Kan. at 69. But I don't want to get into a determination during voir dire as to what this individual juror's position is on it and how they would vote on it and how much weight they would attach and whether that's over the threshold of overcoming the aggravating circumstance which is what I think you were getting into the other day. 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. The prosecution did and confirmed he held no firm opinion of guilt. However, after defense counsel provided a more detailed explanation of the penalty phase process and the jury's duty to weigh aggravating and mitigating circumstances, Juror 39 confirmed she would consider defendant's mitigating circumstances, including his character and background, in arriving at a sentencing decision.
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