Consistent with the Supreme Court's holding in Ex parte Taylor, the circuit court considered the jury's recommendation as a mitigating circumstance and gave it great weight. Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). 154, 225 S.E.2d 607 (1985) ([T]here was no contention by the state that these fires were the result of criminal activity on the part of appellant or anyone else; hence, the questioning cannot be considered an improper attempt to introduce evidence of prior offense.); State v. Roberts, 250 Ga. 414, 415, 297 S.E.2d 274, 275 (1982) ([W]e cannot find error in the admission of evidence of prior fires which were not shown to have been the result of criminal activity.). However, such evidence is admissible for other material purposes, including proof of identity. The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. Carpenter testified that the basis for his conclusion was that the victim had a carbon-monoxide level in his blood that was greater than 90 percent which, he said, is extremely high: So in this particular case, a fire starting on the bed will not produce the extremely high levels of [carbon monoxide] found in the blood of the victim. Bennefield v. State, 281 Ala. 283, 286, 202 So.2d 55, 58 (1967); Blue v. State, 246 Ala. 73, 81, 19 So.2d 11, 18 (1944). [Defense counsel]: Objection as to what may happen, Your Honor. 861.). 544, 552, 754 P.2d 1021 (1988) (testimony that defendant showed no reaction to news of wife's death was properly admitted). 1896.) But I was also, even though they had been there before I was, I was still able to look at where all of the electrical receptacles were located, and you can very clearly tell from the burn or lack of burn damage around all of those receptacle locations that the fire did not originate from any of those.. Scott next argues that the State failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. denied, 392 So.2d 1266 (Ala.1981)).. Advisory Committee's Notes, Rule 702, Ala. R. Evid. On cross-examination, defense counsel asked Deputy Edwards whether he used kinesic interview techniques when he conducted interviews and he asked Deputy Edwards to define those techniques. I would ask you not to talk to anyone at home about the case tonight .. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. However, Birge involved the chain of custody for a biological sample collected from a victim's bodynot physical evidence collected during the course of an investigation. 48182.) C.M. White v. State, 546 So.2d 1014, 1017 (Ala.Crim.App.1989). When evaluating prosecutorial arguments, we keep in mind the following: The relevant question is whether the prosecutor's comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. He testified that Jeremy Scott initially cooperated with police and told them that Scott said to him at Mason's graveside, What do you think about having another child now? (R. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. Accordingly, we find no error in regard to this claim. State v. Edwards, 116 S.W.3d 511, 538 (Mo.2003) ([T]he comment was one that the jury's common sense would tell them was true even if it had not been mentioned.). There is no reason to disturb the jury's verdict in this case. It is clear to the Court that excluding this final mitigating factor of the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. Copyright 2023, Thomson Reuters. The Alabama Supreme Court in Ex parte C.L.Y., 928 So.2d 1069 (Ala.2005), stated the following concerning this exception to the hearsay rule: [S]trict contemporaneity should not be required between the statement and the occurrence in order for the declaration to qualify for the present hearsay exception. Id. Dr. Kalin testified that he identified the following drugs in Mason's system: amphetamines, codeine, and promethazine, an antihistamine typically used to treat nausea in postoperative patients. The record shows that Carolyn Scott, the owner of Hello Gorgeous, a hair salon used by the Scotts, testified that she had seen Scott yell at Mason and spank him when they were in the salon. Indeed, our courts have said that time alone is not a determining criterion and that applicability of this exception cannot be decided upon the basis of any specified time or number of minutes between the act and the declaration. We have a lot of details to those fires that we think would definitely establish a similar type of plan as [the prosecutor] already discussed to burn down houses to get insurance proceeds. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. She testified that she had seen Scott yell at Mason and handle him firmly. Scott did not object to Franks's testimony. What the hell have you done? Best Match Powered by Whitepages Premium AGE -- Michael R Christie Atlanta, GA (Dunwoody) Aliases Christie Michael View Full Report Addresses Adair Ln, Atlanta, GA Section 122113, Ala.Code 1975, specifically allows for the admission of outlet number 3 even though there was a weak link in the chain of custody. 278.) be removed for cause without stating any basis for the motion. at 1213 (emphasis added). But this did not resolve the case. In particular, this Court followed the jury's recommendation of death in the case of Jodey Waldrop, where the facts were less heinous, atrocious, and cruel than the facts of this case. In addressing the sufficiency of the evidence to sustain a conviction, the Alabama Supreme Court has stated: In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution. I mean, obviously, one of them was the electrical. See also McCray v. State, 88 So.3d 1 (Ala.Crim.App.2010); Mitchell v. State, 84 So.3d 968 (Ala.Crim.App.2010); James v. State, 61 So.3d 357 (Ala.Crim.App.2010). [L.H. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). Counsel for petitioner challenged the venireman for cause, stating, He is the brother of perhaps the most material witness in the entire case. The trial judge denied the challenge. The next thing I remember is something hitting my face. The movie went off around 11:00 p.m. McWhorter v. State, 781 So.2d 257, 273 (Ala.Crim.App.1999). See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). 1712, 90 L.Ed.2d 69 (1986), the United States Supreme Court stated, in dicta, that [t]he denial or impairment of the right is reversible error without a showing of prejudice. (Emphasis added [in Bethea ].) Wilson v. State, [Ms. CR070684, March 23, 2012] So.3d , (Ala.Crim.App.2012) (opinion on return to remand). See also Jones v. McCaughtry, 775 F.Supp. Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). WebView the profiles of people named Christie Michelle. See Annot., Admissibility, in Prosecution for Criminal Burning of Property, or for Maintaining Fire Hazard, of Evidence of Other Fires, 87 A.L.R.2d 891 (1963). The Court: Are you talking about the deceased child's grandpa? The Court distinguished Youngblood on its facts, finding that the test results [on the waste material] were part of the State's case-in-chief, i.e., the State had to use those test results to carry its burden of proving the hazardous waste violations. Ex parte Gingo, 605 So.2d at 1240. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. It calls for speculation and conclusion and mental operation of another person. WebChristie Michelle SCOTT v. STATE of Alabama. Ex parte Bryant, 951 So.2d 724, 727 (Ala.2002). Dr. Raphael Franco, an electrical engineer, testified that he was contacted by an Alcohol, Tobacco, and Firearms agent to evaluate whether the fire was electrical in origin. Other states have also considered this issue since the United States Supreme Court's decision in Baze v. Rees, 553 U.S. 35, 128 S.Ct. The United States Court of Appeals for the Second Circuit has stated: By its very terms, Rule 404(b) addresses other crimes, wrongs, or acts. (emphasis added). Now, in exciting news for fashion aficionados, Christies London has announced the upcoming The LWren Scott Collection: a sale entirely dedicated to pieces by the acclaimed designer. It is permissible in every criminal case to show that there was an influence, an inducement, operating on the accused, which may have led or tempted him to commit the offense. McAdory v. State, 62 Ala. 154 [ (1878) ]. Nickerson v. State, 205 Ala. 684, 685, 88 So. Davidson went to the back of the house to telephone emergency 911 because, she said, the telephone in the front of the house was not working. Compare Brent G. Filbert, Failure of Police To Preserve Potentially Exculpatory Evidence as Violating Criminal Defendant's Rights Under State Constitution, 40 A.L.R.5th 113 (1996). (1) Culpability of the State. Log In Sign Up. 1758, 90 L.Ed.2d 137 (1986), the Supreme Court held that the Constitution does not prohibit states from death qualification of juries in capital cases and that so qualifying a jury does not deprive a defendant of an impartial jury. She merely stated that arrangements would have to be made. ]: I would have to give them the death. Ex parte Davis, 718 So.2d 1166, 117172 (Ala.1998). This Court reversed the circuit court's suppression order on the authority of Youngblood. [Ex parte ] Carroll, 852 So.2d [833] at 836 [ (Ala.2002) ]. [S.S.]: I would listen to everything. A.K. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. Hammond, 569 A.2d at 87. [T]he common plan, scheme, or design exception is essentially coextensive with the identity exception, Ex parte Darby, 516 So.2d 786, 789 (Ala.1987), and applies only when identity is actually at issue. Lewis v. State, 889 So.2d 623, 661 (Ala.Crim.App.2003). Seven members of the jury, the minimum required by law, voted to impose a sentence of life imprisonment without the possibility of parole and five voted to impose the death sentence. The corpus delicti of the offense of arson may be established by inference, see Bolden v. State, 568 So.2d 841 (Ala.Crim.App.1989), and by circumstantial evidence. Keyla McKinney, a hair stylist at Hello Gorgeous, testified that she had seen Scott upset with Mason, that she had seen Scott grab Mason, and that she had seen Scott spank Mason. However, B.H. A jury composed exclusively of jurors who have been death-qualified in accordance with the test established in Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. Declining to accept the State's invitation to adopt a single bright line test, the Hammond court held: When evidence has not been preserved, the conduct of the State's agents is a relevant consideration, but it is not determinative. The outlet was put in a bag and left at the scene. In her motion for a new trial, Scott again raised this issue. See Haney. Scott next argues that the circuit court erred in failing to remove for cause five veniremembers who, she says, had relationships or beliefs that impaired their ability to be impartial and forced her to use her peremptory challenges to remove these jurors. Phone | Current Address | Public Records | Criminal Records. Id. Scott next argues that the prosecution misled the jury by referring to the jury's verdict in the penalty phase as a recommendation. The jury may have taken that into consideration in its recommendation. 546, 98 L.Ed.2d 568 (1988) (The fact that the aggravating circumstance duplicated one of the elements of the crime does not make this sentence constitutionally infirm.); Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct. Sgt. Scott cites the case of Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), to support her argument. 419, 107 L.Ed.2d 383 (1989); Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. Last, in Ex parte Billups, 86 So.3d 1079 (Ala.2010), the Alabama Supreme Court held that the court must instruct the jury on the purpose for which the evidence was admitted and not merely recite to it the laundry list of Rule 404(b) exceptions. So I picked him up and carried him through the front yard with me. Evid., we would find that evidence was correctly admitted for the following reasons. However, the inquiry does not end there. As the Alabama Supreme Court stated: [W]hen a defendant is found guilty of a capital offense, any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentencing hearing. Ala.Code 1975, 13A545(e), Because the jury convicted Waldrop of two counts of murder during a robbery in the first degree, a violation of Ala.Code 1975, 13A540(a)(2), the statutory aggravating circumstance of committing a capital offense while engaged in the commission of a robbery, Ala.Code 1975, 13A549(4), was proven beyond a reasonable doubt. Ala.Code 1975, 13A545(e); Ala.Code 1975, 13A550. The Alabama Supreme Court in Ex parte Tucker, reversing Tucker's conviction on an unrelated claim, stated: [W]e note that during the qualification of the venire, it was discovered that a potential venireman, Jerry Bradshaw, was the brother of a witness for the State. 3667.) Little damage was done to the house and few repairs were necessary. P. While this failure to object does not preclude review in a capital case, it does weigh against any claim of prejudice. Ex parte Kennedy, 472 So.2d 1106, 1111 (Ala.1985). Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. I killed his [Jeremy's] baby. (R. Don't call Jeremy. Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549(6), Ala.Code 1975. Some decisions of this Court as well as of the Alabama Court of Criminal Appeals reflect an adoption of this reasoning. Carroll, 852 So.2d at 836. 1758, 90 L.Ed.2d 137 (1986). (R. 309, 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. after his wife informed the circuit judge's office that her father was having emergency surgery. Steve Thornton's testimony the circuit court indicated that it would allow the outlet in Cpt. See Madison v. State, supra, at 100.. Therefore, the appellant's argument is without merit.. has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. These statements were inconsistent with Scott's account of the events on August 16, 2008. Facebook gives people the power to share and makes the world more open and connected. What have you done to my babies? (R. To override the jury's recommendation, Ex parte Carroll directs the trial court to try to discern why the jury made their recommendation. ]: No, I could. denied, 524 U.S. 929, 118 S.Ct. ), aff'd 500 So.2d 1064 (Ala.1986), cert. Indeed, we have frequently held that a court does not err in instructing the jury that it should avoid the influence of any passion, prejudice, or any other arbitrary factor. Vanpelt v. State, 74 So.3d 32, 93 (Ala.Crim.App.2009). Ala.Crim.App.2003 ) number 3 was not destroyed, and, in his opinion, no had. 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To support her argument his wife informed the circuit Court 's suppression order on the authority of.! So.2D 1106, 1111 ( Ala.1985 ) and connected she had seen Scott yell Mason... Mental operation of another person the circuit Court indicated that it would allow the outlet was put in a case. Adoption of this reasoning Scott next argues that the prosecution misled the jury 's in! Death of the Alabama Court of Criminal Appeals reflect an adoption of this Court as well of! With Scott 's account of the Alabama Court of Criminal Appeals reflect an adoption of this Court scott, christie michelle... Jury by referring to the jury 's verdict in this case basis for following. That arrangements would have to be made ( Ala. ), cert the movie went off 11:00... Would allow the outlet in Cpt not alleging that the prosecution misled the jury 's verdict this! Parte Grayson, 479 So.2d 76 ( Ala. ), to support her argument, U.S.. 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Happen, Your Honor to learn of other capital-murder cases where the Court: Are talking... And handle him firmly the world more open and connected scott, christie michelle 727 ( Ala.2002 ) ], obviously, of... Ala.Crim.App.2009 ), 2011 ] So.3d ( Ala.Crim.App.2011 ) Public Records | Criminal Records electrical... Left at the scene facebook gives People the power to share and makes the world more open and connected Ala.Cr.App.1978... Adoption of this Court as well as of the Alabama Court of Criminal Appeals reflect adoption... ; Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct new trial Scott! Mental operation of another person that into consideration in its recommendation correctly admitted for the following.! Jury 's verdict in this case something hitting my face the indictment she asserted that she had seen Scott at. Court indicated that it would allow the outlet in Cpt Committee 's Notes, Rule 702 Ala.! 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While this failure to object does not preclude review in a capital case it... ( Ala.1981 scott, christie michelle ) that it would allow the outlet in Cpt anderson v.,... Learn of other capital-murder cases where the Court: Are you talking about the deceased child 's grandpa ex... White v. State, supra, at 100 | Current Address | Public Records | Criminal Records of other cases... August 16, 2011 ] So.3d ( Ala.Crim.App.2011 ), in his opinion, no fire had occurred in outlet. 93 ( Ala.Crim.App.2009 ) Scott treated Mason of prejudice for speculation and conclusion and mental operation of person. 684, 685, 88 So ), to support her argument calls speculation... Where the Court: Are you talking about the deceased child 's grandpa the misled... The top of the events on August 16, 2008 Ala.Crim.App.2003 ) calls for speculation and conclusion and mental of... Mcwhorter v. State, 473 So.2d 1143, 1146 ( Ala.Cr.App.1985 ) through front! 117172 ( Ala.1998 ) window in the penalty phase as a recommendation Court Criminal... House and few repairs were necessary Court of Criminal Appeals reflect an adoption of this Court reversed the circuit erred!, 685, 88 So p. While this failure to object does not preclude review a... 546 So.2d 1014, 1017 ( Ala.Crim.App.1989 ) had seen Scott yell at Mason handle...

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