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STATE v. ROBINSON

No. 101,657.

270 P.3d 1183 (2012)

293 Kan. 1002

STATE of Kansas, Appellee, v. Elgin Ray ROBINSON, Jr., Appellant.

Supreme Court of Kansas.

March 2, 2012.

Attorney(s) appearing for the Case

Reid T. Nelson, of Capital and Conflicts Appellate Defender Appeals Office, argued the cause and was on the briefs for appellant.

Lesley A. Isherwood, assistant district attorney, argued the cause, and Nola Tedesco Foulston, district attorney, and Steve Six, attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by MORITZ, J.:

A jury convicted Elgin Ray Robinson, Jr., of capital murder, rape, aggravated kidnapping, aggravated indecent liberties with a child, and violation of a protection from abuse (PFA) order. The 14-year-old victim of Robinson's crimes, C.B., was 9 months' pregnant with Robinson's child at the time of her murder.

Following the penalty phase of the trial, the jury was unable to reach a unanimous verdict regarding...

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