See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). Emergency 911 records showed that the first call was made at 2:33:17 on the morning of August 16 and that the second call was made at 2:35:48two and one half minutes later. (R. 720, 79 L.Ed.2d 182 (1984); Johnson v. State, 378 So.2d 1164 (Ala.Cr.App. 2633.) Now, most of your instructions were the intentional spoliation of evidence. The circuit court indicated that it was going to deny the motion and allow the defense expert to examine the outlet before he testified. United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). 1507, 16 L.Ed.2d 600 (1966); Rideau [v. Louisiana, 373 U.S. 723, 83 S.Ct. Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. Join Facebook to connect with Scott Christie and others you may know. The law can never limit the number or kind of such indications . Johnson v. State, 17 Ala. 618, 624 (1850). This appeal, which is automatic in a case involving the death penalty, followed. 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. See Dailey [v. State ], 828 So.2d [340] 343 [ (Ala.2001) ] ( [I]f the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court,' he is not subject to challenge for cause. ' (quoting Minshew v. State, 542 So.2d [307] at 309 [ (Ala.Crim.App.1988) ], quoting in turn Mahan v. State, 508 So.2d 1180, 1182 (Ala.Crim.App.1986))). Serial Killers Childhood: Does Childhood Trauma Create Serial Killers? Can you do that? What is meant here is an undue tendency to move the tribunal to decide on an improper basis, commonly, though not always, an emotional one. State v. Hurd, Me., 360 A.2d 525, 527 n. 5 (1976), quoting McCormick, Handbook on the Law of Evidence 185 at 439 n. 31 (2nd ed.1972)., State v. Forbes, 445 A.2d 8, 12 (Me.1982). . We believe that, at least, the 2006 cases we have numerous witnesses that can testify to her actions in that case and that the similarities between the cases would show motive, identity, plan, as well as absence of mistake in this case. and M.W. When it is decided that prior crimes or acts of the accused are admissible to prove a proper purpose asserted under Rule 404(b), the question naturally arises as to what degree of proof is required to show such a prior criminal act. This holding has been extended to protect white defendants from racial discrimination in jury selection, to prohibit gender-based discrimination, and to prohibit defense counsel from discriminating during jury selection. Scott specifically challenges the emphasized portion of the circuit court's sentencing order. The greater the amount of insurance, the greater [the defendant's] motive for killing [the victim]. State v. Clay, 115 Wis.2d 697, 341 N.W.2d 417 (1983). Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). White v. State, 587 So.2d 1218, 1230 (Ala.Crim.App.1990). The critical factor is whether the person who made the statement is still under the influence of the emotions arising from the startling event. (R. [T]he Alabama Supreme Court in Ex parte Taylor, specifically held that it is a valid consideration to consider the emotionalism of the jury when overriding a jury's recommendation. 808 So.2d at 1219. Doster v. State, 72 So.3d 50, 121 (Ala.Crim.App.2010). See Rule 45A, Ala. R.App. 2392, 2402, 49 L.Ed.2d 342. 1489.) The jury does this without having specific knowledge of any other capital-murder cases. The Court: You couldn't put that knowledge out of your mind and go solely on what the evidence from the witness stand is? You were also asked some questions about the death penalty. In Carroll, we found that a jury's 102 vote for a sentence of life imprisonment without the possibility of parole demonstrated overwhelming support of such a sentence. And because of that familial relationship with a brother that's actually one of the key witnesses in the prosecution of this case, we feel this is one of those situations where her challenge for cause is warranted in spite of her answers. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. The circuit court overruled the objection. Thus, the requested instruction was more stringent than Alabama law. may have a close relationship with some individuals who, either family or friends, with some individuals who have a strong dislike toward the Russellville Police Department. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. Dr. Dailey testified that she last saw Mason 12 days before his death. When I got on the ground, I took, Noah Riley by the hand and started around the house. Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. [Prosecutor]: But my point is, if it comes to that point in the trial, you could sit here and you could make a decision and listen to both sides and seriously consider the death penalty along with the other choice that you might have in the case? Instead, Youngblood, created a single requirement that a defendant must meet to establish a constitutional violation: the defendant must show that, in destroying the evidence, the police acted in bad faith, If the defendant fails to make this showing, there is no constitutional violation and there is no relief.. [Deputy Edwards]: They're trying to think of. I don't want him here. (R. Of course, prejudice, in this context, means more than simply damage to the opponent's cause. See Stewart v. State, 398 So.2d 369, 375 (Ala.Cr.App. A psychiatrist, Dr. Rebecca Dailey, testified that Mason was brought to her for an evaluation in April 2007. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. I mean, obviously, one of them was the electrical. 2181.) 280, 289, 86 L.Ed. If you have any special needs whatsoever whether it's medical or anything, let us know. 's answers to voir dire questions. Concurring in the judgment, Justice Stevens wrote: [A]lthough it is not possible to know whether the lost evidence would have revealed any relevant information, it is unlikely that the defendant was prejudiced by the State's omission. Not only did [Scott] commit capital murder making her eligible for the death penalty, but three different elements were proven to make her eligible for the death penalty three different ways.. 1417, 10 L.Ed.2d 663 (1963) ]; Estes v. Texas, 381 U.S. 532, 85 S.Ct. These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. WebInnocence. 2. for cause because, she says, L.H. 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. The test for determining whether a strike rises to the level of a challenge for cause is whether a juror can set aside their opinions and try the case fairly and impartially, according to the law and the evidence. Marshall v. State, 598 So.2d 14, 16 (Ala.Cr.App.1991). Judicial inquiry does not end with a determination that the evidence of another crime is relevant and probative of a necessary element of the charged offense. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. Scott argues that the circuit court erred in denying her motion for a change of venue because, she says, the community was so saturated with prejudicial pretrial publicity that she was prevented from obtaining a fair and impartial trial. A.K. Cpt. (R. The Court: Just address it specifically to this case. WebChristie Michelle Scott v. State of Alabama :: 2012 :: Alabama Court of Criminal Appeals Decisions :: Alabama Case Law :: Alabama Law :: US Law :: Justia. What about a situation where someone intentionally kills child? The jury was instructed that arguments of counsel were not evidence. I think she said she could follow the law. And I don'tas the person I know him to be, I know him to be fair. The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. The Jack and Jill bathroom light was on and the night-light played andplugged into the wall. 's daughter worked at the hair salon used by the Scott family, because A.K. She said that she retrieved some jewelry out of Scott's home about one week after the fire. The crucial inquiry is whether the veniremen could follow the court's instructions and obey his oath, notwithstanding his views on capital punishment. McNabb v. State, 887 So.2d 929, 944 (Ala.Crim.App.2001), quoting other cases.. The judge is not required to be convinced beyond a reasonable doubt, by clear and convincing evidence, or by a preponderance of the evidence that defendant committed the extrinsic act. State v. Haskins, 104 N.C.App. 1895.) In this case, the jury has already performed this calculus based on its understanding of the evidence introduced at trial. 1312.) WebView the profiles of professionals named "Scott Christie" on LinkedIn. ]: Well, maybe not every time because sometimes, you know, life without parole is just about as bad as death. had talked to her daughter about the case. Facebook gives people the power to share and makes the world more open and connected. The first policy, issued on May 6, 2008, was for $50,000; a second policy issued on June 14, 2008, was for $25,000. denied, 464 U.S. 1047, 104 S.Ct. denied, 532 U.S. 907, 121 S.Ct. (R. WebChrisette Michele Payne (born December 8, 1982) is an American R&B and soul singer. Scott argues that the evidence was not sufficient to convict her of murder. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. at 33839 (Stevens, J., concurring in the judgment) (citations to the record omitted). [S.S.]: The only reason I'm saying that is I have had discussions with his family as to what he may or may not know. Scott relies on Birge v. State, 973 So.2d 1085 (Ala.Crim.App.2007), to support her assertion that there was reversible error in the State's failure to establish a proper chain of custody for the outlet. 2528, 81 L.Ed.2d 413 (1984). P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. Section 13A547(e), states, in pertinent part: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict. The circuit court's order clearly reflects that it considered all mitigating evidence that had been offered by Scott. Thus, the court committed no error in denying Scott's motion to strike A.K. We must not substitute ourselves for jurors, nor play their role in the criminal process.. All that is required is that the court consider the evidence, whether it is found to be mitigating is within the discretion of the court. These are very similar issues to this case in which she had taken out insurance policies the day before the fire on her son, and she also had her house insured with a very large amount of money at the time of which these housesthe house burned down on Signore Drive. The name Michael Christie has over 306 birth records, 33 death records, 117 criminal/court records, 1138 address Read More Michael Thomas Christie , 54 Lives in Huntsville, UT In this case, the 2006 fires and the 2008 fire were in houses owned and occupied by Scott. Scott gave the following account of the events of August 16: I went back to watch TV. Bragwell further testified that Scott told her that her nice wedding ring was not in the house at the time of the fire but was at her mother's house. So I don't feel like I need to be on it. After police and firefighters arrived at the scene, Davidson stayed with Scott. All of these tests, however, appear more strict than that applied in the courts of Alabama. In fact, our research has uncovered only a very few cases in which relief was granted on the basis of presumed prejudice. Coleman v. Kemp, 778 F.2d at 1490.. 844, 83 L.Ed.2d 841 (1985), is considered to be impartial even though it may be more conviction prone than a non-death-qualified jury. See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). 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. See Vanpelt v. State, 74 So.3d 32 (Ala.Crim.App.2009); Smith v. State, 908 So.2d 273 (Ala.Crim.App.2000); Sockwell v. State, 675 So.2d 4 (Ala.Crim.App.1993). Outlet number 3 was marked and admitted as State's exhibit number 78. Scott argues that the trial court erred in overriding the jury's recommendation of life imprisonment without the possibility of parole and sentencing her to death. 2562.) Gunn v. State, 387 So.2d 280 (Ala.Cr.App. After the trial court instructed the jury in the penalty phase, Scott objected, stating that the court failed to give her requested instruction that the death penalty was never a required punishment. 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. also did not ask to be excused from service because of her grandchild. A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. What have you done to my babies? (R. See Dixon v. Hardey, 591 So.2d 3 (Ala.1991); Knop v. McCain, 561 So.2d 229 (Ala.1989); Ex parte Rutledge, 523 So.2d 1118 (Ala.1988); Ex parte Beam, 512 So.2d 723 (Ala.1987); Uptain v. State, 534 So.2d 686, 688 (Ala.Crim.App.1988) (quoting Swain and citing Beam and Rutledge ); Mason v. State 536 So.2d 127, 129 (Ala.Crim.App.1988) (quoting Uptain ). Layne v. State, 54 Ala.App. Other evidence indicated that, although the appellant was not living in the house at the time of the second fire, he still had a key to the dwelling. 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 ].) Although motive is not an element of first-degree murder, it is evidence of intent. There were multiple appeals, and in all of these appeals, she was recommended life in prison. Scott's argument is without merit. The fire, he said, originated in Mason's and Noah's bedroom. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. Christie graduated from the University of Louisville School of Medicine in 1984. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. WebChristie Michelle SCOTT v. STATE of Alabama. Then I ran around to the front of the house. To rise to the level of plain error, the claimed error must not only seriously affect a defendant's substantial rights, but it must also have an unfair prejudicial impact on the jury's deliberations. Hyde v. State, 778 So.2d 199, 209 (Ala.Crim.App.1998), aff'd, 778 So.2d 237 (Ala.2000), cert. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. 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. Specifically, she challenges the first emphasized paragraph in the court's order. Scott next argues that evolving standards of decency have rendered Alabama's method of executionlethal injectionunconstitutional. I interrupted you. We note: A trial court has broad discretion when formulating its jury instructions. 883 So.2d at 67273. We stated: In its order, the trial court outlined its reasons for overriding the jury's verdict recommending a sentence of life without parole. 309, 315 n. 17 (W.D.Wis.1991), affirmed, 965 F.2d 473 (7th Cir.1992), cert. More than 70 witnesses testified for that, and the death case in chief reviewed the evidence as well. Here, the trial court provided standard instructions repeatedly approved by this Court as an adequate description on the role of the penalty-phase jury. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. Alabama recognizes a liberal test of relevancy Haves v. State, 717 So.2d 30, 36 (Ala.Crim.App.1997). I'm leaving. (R. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. 30, 32, 521 S.E.2d 27, 30 (1999) (Also, an expert's credentials are relevant to the weight and credit to be given to his testimony by the jury.); Khairkhwa v. Obama, 793 F.Supp.2d 1, 11 (D.D.C.2011) (There is no requirement that an expert possess formal education, and an expert may be qualified on the basis of his or her practical experience.); State v. Hollingsworth, 160 Wis.2d 883, 896, 467 N.W.2d 555, 560 (1991) (A person may be an expert under [W.S.A. Moreover, a trial court is not required to ask follow-up questions or to have potential jurors elaborate on any possible preventions of their hardships. The Commonwealth can rely on a jury questionnaire to derive its race neutral reasons for striking a juror. just came to my office during the break and stated he knew facts from both sides and just does not feel like he can be fair and impartial and set aside that. Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. Specifically, he asserts that the State failed to disclose that it intended to introduce outlet number 3 into evidence until the middle of trial and that he was prejudiced by the late disclosure. While it is true that it is not necessary for the prosecution to prove a motive for murder, if a motive is proveable, it certainly is relevant to a material issue which the state must provethe guilt of the accused. Fountain v. State, 681 S.W.2d 858, 864 (Tex.App.1984). Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). Shackelford testified that Scott's father said: Oh, my God. denied, 503 U.S. 974, 112 S.Ct. On January 12, 2006, the first fire occurred at the Scott residence on Steel Frame Road. [T]he evidence focused on four circumstantial elements of guilt: presence at the scene, conduct before and after the fire, proof that the fire was intentionally set, and motive. 14, 16 L.Ed.2d 600 ( 1966 ) ; Rideau [ v. Louisiana, 373 U.S.,. The State as an adequate description on the basis of presumed prejudice be excused from because! ] _ So.3d _ ( Ala.Crim.App.2012 ) can never limit the number or kind of such indications record )... He found a disabled smoke detector in the courts of Alabama appellate court to assess the credibility the... Other criminal conduct by the defendant 's ] motive for killing [ the victim ] ( Ala.Cr.App.1985.. 'S reason for striking scott, christie michelle juror about as bad as death _ ( Ala.Crim.App.2012 ) needs whatsoever whether 's... To her for an evaluation in April 2007 outlet before he testified )! 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Jury has already performed this calculus based on its understanding of the events of August 16 I. And Jill bathroom light was on and the night-light played andplugged into the wall these appeals, she was life!

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