0328ART, 2012 WL 4498647, at *27 (E.D.Ky.2012), reconsidered in part on other grounds No. Instruction No. Robinson argues the trial court abused its discretion by admitting a number of e-mail exchanges between Robinson and the victims or other witnesses, which tended to support the State's theory that he lured his victims and engaged in acts of fraud and deceit to conceal their murders as part of the common scheme or course of conduct charged in the capital counts. See State v. Carr, 300 Kan. 1, 12122, 331 P.3d 544 (2014) (no error in denial of challenge of jurors who said they would lean toward death upon conviction where balance of record reflected jurors' willingness to consider mitigation and both sentencing options), cert. The elements of the capital murder statute were not completed until Robinson murdered Trouten, under Count II, and Lewicka, under Count IIIacts that occurred subsequent to enactment. denied 534 U.S. 1047 (2001). 1695, 1708 (2012). Law enforcement later intercepted a call from Robinson to Remington's phone, which was answered by her minor son. Following his release in the 1990s until his arrest, Robinson published a mobile home trade magazine called Manufactured Modular Home Living through his company Specialty Publications. b. The trial judge, however, limited Judge McClain's testimony to foundation issues only, and Judge McClain did not testify beyond that boundary. 12 improperly forbade the jury from exercising its historic nullification power. All but two members of the jury characterized their exposure to pretrial publicity as minimal, passing, or light; and several members said they saw coverage when the story first broke 2 years earlier and their recollection of the reported facts had diminished over time. Based on the parties' agreement, Judge Anderson ordered the jury sequestered during deliberations only. He cried for himself. 660, 67577, 637 A.2d 117 (1994) (refusal to allow case-specific questioning on aggravating circumstances consistent with Morgan ); Holland v. State, 705 So.2d 307, 33839 (Miss.1997) (jurors cannot be asked to give weight to aggravators during voir dire); Witter v. State, 112 Nev. 908, 91516, 921 P.2d 886 (1996) (case-specific questions regarding statutory aggravator would have improperly staked out jurors and were not required under Morgan or Witherspoon v. Illinois, 391 U.S. 510, 51923, 88 S.Ct. We all know the answer to that question.. Soon after their appointment, Berrigan and O'Brien signed pleadings and motions, played a leading role at motions hearings and status conferences, and handled the examination of witnesses and argument at the January 2002 evidentiary hearing on the venue motion. Once defense counsel explained the burden of proof, Juror 23 agreed that the State would have to provide the evidence and that he would comply with the trial court's instructions. At trial, the medical examiners testified the victims died as a result of blunt force brain trauma inflicted with a hard object, and one medical examiner testified specifically that the injuries were consistent with those inflicted by a hammer. It is speculative to presume from the record that Debbie Faith saw Robinson kill her mother. Because Robinson asserts error of a constitutional magnitude, we can affirm his death sentence only if there is no reasonable possibility that the juror's misconduct affected the outcome of the trial. See Williams, 299 Kan. at 562. 60455. Some defendants might be more conniving than others, right? We thus consider this challenge based on the status of the record presented on appeal and mindful of the fact that Robinson, as the party alleging error, bears the burden of demonstrating error. 2294, 33 L.Ed.2d 222 [1972] ).

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