Moreover, the defense did not object to the question at trial, and the prosecution had no reason to affirmatively supply a factual basis for the inquiry. Defendant's own venue study confirmed the media's coverage of the case was probably unprecedented in Johnson County. More recently, the Tenth Circuit Court of Appeals reached the same holding in United States v. Freerksen, 457 Fed. However, where a continuance is sought to retain new counsel, we consider the following five factors: (1) whether a continuance would inconvenience witnesses, the court, counsel, or the parties; (2) whether other continuances have been granted; (3) whether legitimate reasons exist for the delay; (4) whether the delay is the fault of the defendant; and (5) whether denial of a continuance would prejudice the defendant. Anthony, 257 Kan. at 1019. On February 25, 2000, Robinson sent Trouten an e-mail message requesting login and password information for all of her e-mail accounts. On June 7, 2000, forensic odontologist Ronald Grier confirmed the victim was Bonner. As such, Instruction No. and (2) By statutory definition, are there two offenses or only one? 281 Kan. at 496. Robinson contends the prosecutor's suggestion that baby Tiffany was ripped from Stasi's arms was beyond the scope of the evidence. Shadden, 290 Kan. at 817 (citing State v. Reid, 286 Kan. 494, 50709, 186 P.3d 713 [2008] ). As we have already stated, Judge Anderson conducted proceedings with great deference toward and respect for Robinson's fair trial rights. Lyla Thompson, a deputy with the JOCO Lab, developed several latent fingerprints from the other SSA checks that matched Robinson's known prints. Was Robinson's first-degree murder conviction multiplicitous? The court may limit the examination by the defendant, his attorney or the prosecuting attorney if the court believes such examination to be harassment, is causing unnecessary delay or serves no useful purpose. K.S.A. Now, you talked a little bit with [defense counsel] about the defendant's access or potential access to the computers should he be incarcerated. Ex parte Ingram, 779 So.2d 1283 (Ala.2000). It was typewritten and signed Lisa at the bottom and said Stasi had left town to start a new life with Tiffany. And in analyzing this second prong for vagueness, we are further mindful that [t]he standards of certainty in [a statute] punishing criminal offenses are higher than in those depending primarily upon civil sanctions for enforcement. Steffes, 284 Kan. at 389. City of Lincoln Center v. Farmway CoOp, Inc., 298 Kan. 540, 54546, 316 P.3d 707 (2013). John Edward Robinson: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. One juror was bothered by the information and did not know how it would affect his deliberations but eventually expressed his willingness to decide the case on the evidence. Cathy Norman's Testimony Regarding the Contents of a Writing. Robinson also claims this court and the legislature have confused matters by using the terms in wide-ranging ways. Robinson also admitted to knowing that her husband used the alias James Turner but insisted he only did it "for research to get statistics for the magazine" he published on manufactured modular home living. Authorities say John Robinson met Lisa Stasi, a new mother, in 1984. Based on this evidence, Robinson has failed to firmly convince us that the verdict would have changed but for the instructional error. The message said Trouten had written to her mother, that she had left on her trip, that she would not have online access for some time, and that she would try to stay in touch when possible. In Outler, the magistrate, who had prosecuted defendant for prescribing scheduled drugs without a license 3 years prior, issued a warrant in his capacity as a judicial officer to search defendant's medical office in a later investigation of defendant's practice. As to the second prong of the Brown balancing test, it is clear Judge Anderson was cognizant of and took steps to avoid prejudicial inferences associated with the use of juror numbers. We hold there was no due process violation. During Robinson's penalty phase case, Nancy Robinson testified to the character of her husband as a good father, grandfather, and family man. Since Irvin, the Supreme Court has twice considered and rejected claims that juror declarations of impartiality should be set aside. The record does not establish with any degree of clarity that Juror 147 was dismissed for failing to appear. Law enforcement later intercepted a call from Robinson to Remington's phone, which was answered by her minor son. 222401a. 213439(a)(6) includes two separate elements, the killing of multiple persons and a common scheme or course of conduct. Instead, Judge Anderson granted the continuance, providing defense counsel roughly 1 full year to prepare for trial. He said, Depends on the mitigating circumstances . The defense then asked if he would be leaning toward death after conviction. 213439(a)(6) requires only that the multiple murders be related to each other in some way. Second, in Spain we did not define course of conduct. We merely used the phrase in the process of determining the meaning of the statutory aggravating circumstance. This testimony was corroborated by Trouten's subsequent conduct and other circumstantial evidence. Judge Anderson decided Juror 63's opinions on the death penalty were not firmly held and the totality of his responses showed he was not substantially impaired. Despite the absence of error under these facts, we caution that similar instructions should conform with the statutory language, for under a different set of facts, the instruction may be deemed erroneous under the applicable standard of review. In reviewing a claim of actual prejudice, we examine whether the judge had a reasonable basis for concluding that the jurors selected could be impartial. Carr, 300 Kan. at 7475. State v. Akins, 298 Kan. 592, 601, 315 P.3d 868 (2010). Heather Robinson is now searching for her mothers remains. 213102(4), which addressed the scope and application of the Kansas Criminal Code that was effective July 1, 1970. 621830 and enacted K.S.A. The car needs lots of work. asked Morrison. Judge Anderson's ruling is fairly supported by the record. During the cross-examination of Nancy Robinson, prosecutor Morrison asked whether she reported to authorities that Robinson came home with an infant baby at the time of Stasi's disappearance in January 1985. Eight of the 12 jurors were passed for cause without challenge from either party (Jurors 87, 92, 131, 147, 214, 246, 302, and 309). Instruction No. 214624(e) unconstitutional on its face. The search warrants were issued by Special District Judge Don Work. Among these documents, they found a letter in which Ray described how he and two other people allegedly transported two female bodies to a farm near LaCygne and placed them in barrels in exchange for drugs. The comment was clearly intended to remind the jury not to lose sight of the overwhelming evidence of Robinson's guilt when evaluating the defendant's reasonable doubt arguments. His operations were interrupted when he was convicted of a nonperson felony and incarcerated at the Western Missouri Correctional Center in Cameron, Missouri. Judge Anderson commented, Apparently I missed that, explaining he had Juror 147 down as a failure to appear when he should have been a deferral. 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. However, the legislature did not wholly abandon the language in K .S.A. Norman was convinced the letter was a fraud because Sheila always wrote letters by hand and Sheila's signature appeared to be forged. Just before Trouten left, her aunt, Marshalla Chidester, helped Trouten create a list of her friends' and family's contact information. 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. That's the question.. Robinson requested that the trial judge include the following definitions of common scheme and course of conduct for the jury: A common scheme exists between multiple acts if such acts are closely connected in time, place, occasion, and the nature of the activity. 4th 54.020, the elements instruction for capital murder, suggest instructions on definitions of terms should be given as defined in PIK Crim. Civ. Stettler admitted he had a complete copy of the files maintained by both crime labs within a few weeks of receiving the State's disclosures. 295 Kan. at 1039 (factual findings reviewed for substantial competent evidence, legal conclusions de novo). United States v. YejeCabrera, 430 F.3d 1, 9 (1st Cir.2005); see United States v. Maynard, 615 F.3d 544, 550 (D.C.Cir.2010) (law enforcement engaged in an adequate range of investigative endeavors; government not required to enumerate every technique or opportunity missed or overlooked), aff'd in part sub nom. The first occurred during defense counsel's questioning of prospective Juror 205, and the second occurred during defense counsel's questioning of Juror 246. The district judge's factual findings are supported by substantial competent evidence, and Robinson does not challenge them on appeal. A private trash company, Deffenbaugh, regularly entered the community to collect residents' trash. The State offered no direct evidence that Debbie Faith witnessed her mother's murder. Was there a reasonable expectation of privacy? The defense objected, and the district judge held a bench conference. 213439(a)(6). See State v. Flournoy, 272 Kan. 784, 79697, 36 P.3d 273 (2001) (comment speculating about victim's final thoughts improper). "I don't understand all this.". There the State introduced testimony that drugs were taken from defendant's car at the time of his arrest. 213439(a)(6), we have examined its meaning. 4648. Thank you.. Nor could one reasonably make such an inference from the evidence. The district judge's reference to the delay that followed Thomas' entry of appearance and the appointment of cocounsel was an accurate account. We regard the federal rule, along with similar state counterparts, as instructive, and we are persuaded by the authority interpreting these provisions. By emphasizing the significance of six murders, Juror 69's responses revealed the weight he would assign the multiple murder aggravator, requiring the defense to produce substantial evidence of mitigation to warrant a life sentence. Robinson argues the district judge's denial of his change of venue motions violated his constitutional right to an impartial jury. Together, the evidence establishing Robinson's common scheme and course of conduct, along with his extensive planning and preparation for Trouten's murder, was sufficient for a reasonable juror to conclude that he took Trouten by deception with the specific intent to inflict bodily injury upon her. [YOUNG]: Okay. 213439(a)(6). The legislature's 1976 amendment to K.S.A. Her son, Carlos Ibarra, was a maintenance employee at Santa Barbara Estates and did side jobs for Robinson. Later, the majority refers to Trouten and Lewicka as the principal capital murder victims, declaring that their killings completed the elements of capital murder in each count. Citing the well-established rule of judicial restraint that the issue of the constitutionality of a statute will not be passed upon if the case can be decided without reaching that issue, 146 Wash.2d at 60, the Washington Supreme Court, sitting en banc, noted: It seems obvious that one is not in the immediate area of a vehicle that is parked two blocks away from the place where that person discharges a firearm and held that the evidence was insufficient to support defendant's conviction under the drive-by shooting statute. Nor did the circumstantial evidence reasonably give rise to such an inference. [YOUNG]: As I said, it's not something that you would determine from an autopsy.. Appx. Robinson believes the trial court should have granted his motion for mistrial after witness Loretta Mattingly failed to testify in accordance with the prosecutor's proffer. He claimed his name was John Osborne and picked up Lisa and Tiffany at Lisas sisters home. Robinson's counsel acknowledged his client did not deserve mercy, but he asked the jury to grant it for the sake of Robinson's family and in light of the residual doubt surrounding his role in the capital murders. (c) This section shall be a part of and supplemental to the Kansas criminal code. K.S.A. During the rebuttal portion of closing argument, while discussing evidence establishing that Robinson murdered Stasi, Morrison argued: You know what, he knew her car sat in front of Kathy Klingensmith's house and he thought, How am I going to explain that? Robinson cannot artificially disassociate the preenactment murders from the postenactment murders of the principal victims that constituted parts of defendant's common scheme or course of conduct. Defendant did not challenge Juror 302 for cause. United States v. Gonzalez, Inc., 412 F.3d 1102, 1113 (9th Cir.2005), amended and reh. More recently, in Vrabel, 301 Kan. at 80814, we explored what, if any, remedy was available to defendant under K.S.A. However, to the extent Robinson's argument is dependent on an interpretation of the aggravating circumstances statute, we review his challenge de novo. Lewicka said that a man named John, whom she had met online, had a job and apartment for her and that they had plans to travel. 60455). In Irvin, the trial court dismissed 62 percent of the entire venire based on firmly held opinions of guilt. At Robinsons direction, Donald sent him a $2,500 cashiers check payable to Robinsons business, Equi II, allegedly to cover adoption-related fees. But as discussed above, that is not how our statute defines capital murder. The 31 other panelists were passed over the objection of one of the parties4 from the State and 27 from defendant. He moved a trailer onto the property in July 1998 and installed two phone lines: one for his landline and one for his computer. Robinson argues Juror 39 should have been excused because she never said she could entirely ignore her previous knowledge of the case or presume defendant innocent. Alleged Failure to Convey that Each Juror Could Find Mitigating Circumstances. Cunningham also said that whatever computer access defendant would have, would be restricted, especially the Internet. Defendant argues the trial court improperly denied the challenge of Juror 271 because his responses showed he would shift the burden of proof from the State to the defense. On voir dire, [a] party may not solicit a promise to return a particular verdict. [Citations omitted. The exhibit is a printout of an e-mail message from a person at preipo@usa.net. 6, 234 P.3d 761, cert. Instead, the rulings limited case-specific questioning only to the extent such questions called on prospective jurors to assign weight to case-specific facts under Kansas' weighing equation and to disclose their likely sentencing decision in light of such facts. Even though you're not going to be sequestered, we're going to be helping you in following these admonitions; and you've all gotten the numbers, and we've been using numbers rather than names. Judge Anderson's ruling is fairly supported by the record. See K.S.A. However, this argument assumes Judge Anderson's ruling was dependent on the prosecutor's proffer that crime lab experts would testify that hammers can be cleaned easily. Was Judge Anderson's juror numbering system improper? During the State's direct examination, Carlos Ibarra, a maintenance employee, testified that Robinson frequently talked about his girlfriend and asked Ibarra to find a Mexican woman for him. Defense counsel objected, but the district judge overruled after the State explained the evidence was relevant to establishing Robinson's common scheme or course of conduct. 60467(a). Robinson also called Ronald Dillehay, a professor of psychology at the University of NevadaReno with expertise in the design and analysis of venue studies and jury selection procedures. The dissent related that the current administration of the death penalty involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty's penological purpose. 135 S.Ct. 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. Judge McClain was a district judge in Johnson County, the lone county in the Tenth Judicial District. On August 2, the trial court entered orders appointing Patrick Berrigan and Sean O'Brien, both of whom had extensive capital defense litigation experience, as cocounsel in this case for the purpose of representing Robinson [d]uring the prosecution and trial of said felony defendant, including sentencing. No party objected to these orders. State v. McBroom, 299 Kan. 731, 746, 325 P.3d 1174 (2014). On September 3, 1984, Lisa Stasi gave birth to her first child, Tiffany Lynn, at Truman Medical Center in Kansas City, Missouri. We reverse his capital murder conviction charged in Count III and his first-degree murder conviction charged in Count V as unconstitutionally multiplicitous with the capital murder conviction in Count II. The standard of review on appeal as to the sufficiency of evidence regarding an aggravating circumstance is whether, after review of all the evidence, viewed in the light most favorable to the prosecution, the appellate court is convinced that a rational factfinder could have found the existence of the aggravating circumstance beyond a reasonable doubt. Kleypas, 272 Kan. at 1019. In other words, the challenged statement is not properly attributed to the prosecutor. Even so, Anthony provides some useful parallels under similar facts. Father of Private. 213439(a)(6) is the killing of more than one person, and the killing of the second (and subsequent) victim(s) makes the murders of the group of victims punishable by death. See United States v. Yamin, 868 F.2d 130, 134 (5th Cir.1989) (purpose is to prevent fraud). He then argues that Stasi, Sheila Faith, Debbie Faith, and Bonner were not killed during the course of, or in conjunction with, the murders of the primary capital murder victims, Trouten and Lewicka, and, therefore, the State failed to establish the existence of this aggravating circumstance. To warrant a mistrial, the trial court must decide if there is a fundamental failure of the proceeding, and if so, whether it is possible to continue without an injustice. Likewise, neither of the later comments is objectionable or inconsistent with Judge Anderson's prior ruling. We disagree with Robinson. Did the State's evidence establish a common scheme or course of conduct? denied and ordered not officially published 65 Cal.App. Nor did the comment run afoul of any prior ruling of the district judge. I kind of got the impression that perhaps you hadn't spoken with Kansas DOC about specific access to computers? Both Trouten and Lewicka were killed after the enactment of the capital murder statute. See 272 Kan. at 995. In Kansas, the death penalty may be imposed only if the jury unanimously finds beyond a reasonable doubt that (1) the aggravating circumstances alleged by the State exist and (2) the existence of such aggravating circumstances is not outweighed by any mitigating circumstances found to exist. Things that tend to lessen guilt or excuse behaviors tend to be mitigation. Robinson devoted a substantial portion of his closing to challenging the sufficiency of the evidence supporting the existence of a common scheme or course of conduct. In 1965 they then had their first child John Jr. and fraternal twins in 1971, Christopher and Christine Early Crimes- Robinson was arrested for the first time in 1969, where he embezzled $33,000 from the medical practice of Dr. Wallace Graham . Robinson also claims these rulings were invalid under state hearsay rules. [YOUNG]: Are you asking what was the position of the hand? After sentencing, Judge Anderson designated Counts I, II, and III as sexually motivated in the journal entry of judgment. John Robinsons wife, Nancy Robinson, testified on his behalf at his trial. Robinson now argues Glines' testimony, particularly her comments that Robinson asked her to move back to Kansas, live with him, work for him, and never speak to her family again, violated K.S.A. Even so, recognition of the case outside the venue of origin was extremely high, with 80 percent of Harvey County residents and 64 percent of Ellis County residents expressing recognition of the case. 1. We have not previously addressed a neutral and detached magistrate challenge under these particular facts. Robinson argues the media's interference with courtroom proceedings necessitated a finding of actual prejudice. Neither the exclusionary rule, applicable to unconstitutional searches or seizures, nor the statutory provision for suppressing illegally seized evidence, K.S.A. Instead, he focuses on the district judge's denial of subsequent motions for a second continuance. State v. Arnett, 290 Kan. 41, 47, 223 P.3d 780 (2010). Judge Anderson overruled the objection, noting that it presupposes that [the prosecutor's] question, which references the different homicides deal[s] only with the elements of the crime but not the mitigating factors and the aggravating factors The record provides no basis to construe the comments differently from the district judge's construction, and we perceive no misconduct in the form of the question. In response to defense questioning, Juror 298 said that her ability to vote for a life sentence depended on the evidence and that she would not automatically impose either sentence. Mitigating circumstances are to be determined by each individual juror when deciding whether the State has proved beyond a reasonable doubt that the death penalty should be imposed. 2. Specific intent as an element of the crime charged is normally a question of fact for the jury State v. Dubish, 234 Kan. 708, 717, 675 P.2d 877 (1984). Though not insulating the comments from a claim of prosecutorial misconduct, these circumstances mitigate the prejudicial force of the comments. King, 288 Kan. at 351; State v. Ly, 277 Kan. 386, 393, 85 P.3d 1200, cert. granted in part 135 S.Ct. However, [i]n determining whether the trial court has taken sufficient measures to assure that the accused is tried by an impartial jury free from outside influences, appellate tribunals have the duty to make an independent evaluation of the circumstances. State v. Aikins, 261 Kan. 346, 366, 932 P.2d 408 (1997). State v. Hayden, 281 Kan. 112, 12829, 130 P.3d 24 (2006). ] United States v. MelendezSantiago, 447 F.Supp.2d 144, 149 (D.P.R.2006), aff'd 644 F.3d 54 (1st Cir.2011). Robinson also suggests that the prosecutor's final remark[I]f not him, then who?appealed to the jurors' sense of duty to maintain the death penalty as a viable sentencing option under state law, contrary to our holding in Scott, 286 Kan. at 79 (Prosecutorial comments that tell jurors to honor their oath and return a verdict of guilty impliedly suggest that to do otherwise would be a violation of such duty and are improper.). Juror 336 said, It would make it difficult, but there are rules to follow. Asked whether she would consider the possibility of parole in arriving at a sentencing decision, Juror 336 said, I would still weigh the circumstances and there are rules to follow. 213439(a)(6) was the murder of Trouten because she was killed after the enactment of capital murder skews the plain statutory language. Dillehay believed delay and judicial instructions would be ineffective due to the high levels of awareness and prejudgment. Independently, the applicants' general statement regarding the ineffectiveness of search warrants in accomplishing the goals of the investigation was supported by particularized, case-specific information contained within the four corners of the application and affidavit. 0328ART, 2012 WL 4498647, at *27 (E.D.Ky.2012), reconsidered in part on other grounds No. In Haney, defendant negotiated an opportunity to pursue a durational sentencing departure in exchange for his nolo contendere plea to various sex offenses. One of those conversations, which was intercepted by wiretap and played for the jury, closely paralleled the content of the e-mail message admitted as State's Exhibit 12. Also, as Judge Anderson explained, conflicts and other matters giving rise to the withdrawal of counsel are not unforeseeable, casting further doubt on the reasonableness of defense counsels' reliance on this division of labor. However, Delo admitted that it is not uncommon for prison staff to form relationships with and fall victim to the manipulation of inmates within the system. granted 135 S.Ct. Nancy said Robinson played an important role in the lives of his children and actively participated in and attended their activities, the appeal said. Gosh, if they [recommendation letters fraudulently created or altered by Robinson] would have been real, the people would have said good things about it. Specifically, Robinson argues that Judge Anderson's use of a more lenient standard for the State's challenges is evidenced by the fact that Juror 185, who strongly opposed the death penalty, was excused, but Juror 271, who strongly supported the death penalty, was retained. And, a juror's response to a single inquiry, [l]ike a single stroke on a canvas, or one mosaic tile on a wall, is a small part of a larger picture. Bowling v. Haeberlin, No. Fox immediately suspected it was fraudulent because of the typed format, style, and unusual signatures. The judicial power and authority of a judge of the district court in each judicial district may be exercised anywhere within such judicial district and may be exercised anywhere within any other judicial district when assigned to hear any proceeding or try any cause in such judicial district, as provided in K.S.A. While Sheila packed, Guerrero noticed she did not take furniture, bedding, or other items one would need for an indefinite stay elsewhere. Robinson and Neufeld engaged in sexual activity at various times during her stay. On several occasions, Sheila talked to Guerrero about her interest in BDS & M but did not share details because Guerrero was uncomfortable with the subject. The record also provides direct support for Judge Anderson's findings and conclusions. I realize, and I understand that all I've heard is negative information, I understand that; so going into a trial, I take that into consideration. His family, including his wife and two daughters, stayed at his side throughout the trial, according to CourtTV, which quoted a family statement as saying, The John Robinson we know has always been a loving and caring husband and father, the type of parent who never missed a sporting event, a school function or an opportunity to be there for his family. Additional Factual and Procedural Background. The district judge overruled the objection, finding the comment within the scope of the evidence. On September 5, defense counsel informed Judge Anderson that samples had been sent to a lab for independent analysis, but the results of that testing were never introduced at trial or included in the record on appeal. 1758, 90 L.Ed.2d 137 (1986) (those with deeply held death penalty beliefs may serve as capital jurors if they are willing to temporarily set aside their own beliefs in deference to the rule of law). 1499 (2013); Com. Scott argued the complaint was defective in failing to allege that he killed Douglas Brittain. Kansas statute requires city police officers to exercise their police powers within the territorial boundaries of their employing municipality. Carr disposes of Robinson's challenge because it is founded on Judge Anderson's reference to the same statutory language at issue there. Robinson argues the trial court erred by allowing Rundle to testify to the number of tools seized during the search because it implied some sort of obsession with the type of weapon purportedly used to kill Suzette Trouten, as well as the defendant's desire to kill yet more women in the same manner and at the same place. Clearly, Rundle did not testify to a prior crime within the meaning of K.S.A. Having confirmed that the jury's verdict on Count I is supported by sufficient evidence of a taking by deception, we need not consider the sufficiency of the evidence supporting the State's alternative argument. Every alimony check was deposited into Robinson's HydroGro, Inc., business account at Community Bank of Raymore, an account opened on February 1, 1994, with James A. Turner and Beverly J. Bonner as the authorized signatories. Robinson said he was a wealthy businessman with a history of helping other professional women get established in the area. We held that K.S.A. ] 295 Kan. at 864. at 277071 (Breyer, J., dissenting). Sheriff v. Smith, 91 Nev. 729, 73132, 542 P.2d 440 (1975) (the phrase common plan or scheme interpreted to mean a single plan or scheme contemplating two or more offenses before the plan has been completed, did not violate due process); State v. Perez, 124 Ohio St.3d 122, 156 233, 920 N.E.2d 104 (2009) (rejecting course-of-conduct specification as unconstitutionally vague); Corwin v. State, 870 S.W.2d 23, 2829 (Tex.Crim.App.1993) (same scheme or course of conduct in capital murder statute not unconstitutionally vague; fact that marginal cases may make it difficult to determine whether offense committed not grounds to find statute unconstitutionally vague); Ross, 174 P.3d at 63334 (incident to one act, scheme, course of conduct, or criminal episode not unconstitutionally vague on due process grounds); State v. Pirtle, 127 Wash.2d 628, 662, 904 P.2d 245 (1995) (common scheme or plan is not unconstitutionally vague because jury instructions and verdict forms could be understood by an average person).
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