Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that on the day of Mason's death, Christie and Jeremy came to the shop for Jeremy's scheduled appointment. 's daughter worked at the hair salon used by the Scott family, because A.K. Freeman [v. State ], 776 So.2d [160] at 195 [ (Ala.Crim.App.1999) ]. See 13A553, Ala.Code 1975. The United States Court of Appeals for the First Circuit has stated: Rule 404(b) allows evidence of crimes, wrongs, or acts' to be introduced. The circuit court did not abuse its discretion in denying Scott's request to instruct the jury that it was never required to recommend a sentence of death. I began to try to get out of the window, got halfway out and fell. 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. WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. 81518.) Thornton said that firefighters sifted through the fire debris for 8 to 10 hours but were unable to locate this missing outlet. The Court: All right. I went in the room to check on the boys. for cause. After detailing Munger's qualifications, the Supreme Court stated: [W]e are persuaded that Munger possessed the qualifications to testify as an expert in matters of fire science and technology. 643 So.2d at 1343. Can you do that? See Rule 45A, Ala. R.App. Scott moved that juror C.M. [S]tatement of counsel in argument to the jury must be viewed as delivered in the heat of debate; such statements are usually valued by the jury at their true worth and are not expected to become factors in the formation of the verdict. Bankhead v. State, 585 So.2d 9710607 (Ala.Crim.App.1989). We can find no legal basis for disturbing the circuit court's sentence in this case. The circuit court found one statutory mitigating circumstancethat Scott had no significant history of prior criminal activity. and M.W. 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. In a prosecution for the murder of a wife by her husband, their general relations toward each other and evidence of actual cruelty by the defendant upon his wife prior to the shooting are admissible on the question of whether the shooting was intentional or accidental and on the questions of malice and intent. Akers v. State, 399 So.2d 929, 931 (Ala.Cr.App.1981) (citations omitted).. In that case, the court considered not only the State's accountability for destroying the evidence, but also the critical nature of the results of the tests on the allegedly hazardous waste and the defendants' inability to refute those test results. Davidson's boyfriend, Brian Copeland, testified that Scott came to the door of the house he shared with Davidson in the early morning hours of August 16 and told them that her house was on fire. The record shows that on S.S.'s juror questionnaire she indicated the following in response to the question about her feelings concerning the death penalty: That people guilty of murder deserve the death penalty. In response to the question about the appropriateness of the death penalty for a person who intentionally kills another person, she checked the line indicating: The death penalty should or should not be used depending on the facts of the case. In answer to the question whether she agreed with the statement: Anyone who plans and commits the crime of murder should get the death penalty, she checked the line indicating that she [a]greed somewhat.. Quoting Justice Stevens' special concurrence in Youngblood, our Supreme Court further observed: Although to show bad faith, for the purpose of showing a due process violation, the defendant must show that the State had knowledge of the exculpatory value of the destroyed evidence, there may well be cases in which the defendant is unable to prove that the State acted in bad faith but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair. Youngblood, 488 U.S. at 67, 109 S.Ct. Invited error has been applied to death penalty cases. Rhodes for cause, because of his having been on the jury which had tried another person jointly indicted with the defendant, yet it was error without injury, as the record shows that the defendant challenged said juror peremptorily, and that, when the jury was formed the defendant had not exhausted his right to peremptory challenges.. 1417, 10 L.Ed.2d 663 (1963) ]; Estes v. Texas, 381 U.S. 532, 85 S.Ct. The State responded that it had only learned in April 2009 that the outlet receptacles were missing and that dismissal of the charges was not the appropriate remedy. 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. 2166.) 972, 977 (1914). Link in B!O FOLLOW MY NEW ACCOUNT!!!! The circuit court did not abuse its discretion in allowing evidence concerning Scott's treatment of Mason. 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. Scott next argues that the circuit court erred in allowing James Munger to be qualified as an expert in fire science. This Court has repeatedly held that a trial court does not commit reversible error in referring to the jury's verdict in the penalty phase as a recommendation. [U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. WebMichelle A Christie. A toxicologist at the Department of Forensic Sciences, Dr. Jack R. Kalin, analyzed Mason's blood. (R. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. Firefighters testified that after extinguishing the fire they searched the house several times before they were able to identify Mason's badly charred body. 342, 352, 812 A.2d 1050, 1056 (2002). The state in this case is being allowed to show this evidence as to plan, motive, and identity. Heather McCalpin, who was married to one of Scott's cousins, testified that at the funeral Scott held her daughter and said: Noah's always wanted a baby sister, maybe he can get one now . (R. Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. The circuit court found as aggravating circumstances that the murder was committed for pecuniary gain, 13A549(6), Ala.Code 1975, and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders, 13A549(8), Ala.Code 1975. In United States v. Herndon, 982 F.2d 1411 (10th Cir.1992), the defendant argued that similar acts evidence was irrelevant because the government had failed to prove that he had committed the earlier similar offense on which proof had been admitted. I punched the screen out. 333, 102 L.Ed.2d 281 (1988), the police failed to refrigerate a sodomy victim's semen-stained clothing. The Court: Okay. Therefore, the findings reflected in the jury's verdict alone exposed Waldrop to a range of punishment that had as its maximum the death penalty. (R. We think that this is such a case., Because it focused on the fact that the test results in Gingo were part of the State's case-in-chief, and were necessary to convict the defendants, 605 So.2d at 1240, the Alabama Supreme Court appears to have aligned itself with the materiality and prejudice analysis' advocated by Justice Stevens, several commentators, and a growing minority of other courts that have rejected Youngblood's single bad faith standard. 1260. Here, the trial court overrode the jury's recommendation, because [t]he other perpetrator in this crime, John Ronald Daniels, was convicted of the capital offense of first degree murder of the same two people and [was] sentenced to death. Although the jury was not aware of Daniels's sentence, his sentence cannot properly be used to undermine a mitigating circumstance.. In connection with pretrial publicity, there are two situations which mandate a change of venue: 1) when the accused has demonstrated actual prejudice against him on the part of the jurors; 2) when there is presumed prejudice resulting from community saturation with such prejudicial pretrial publicity that no impartial jury can be selected. Age 60s | Bayonne, NJ. (C.R. To fall within the scope of Rule 404(b), an act need not be criminal so long as it tends to impugn a defendant's character. United States v. Rawle, 845 F.2d 1244, 1247 (4th Cir.1988). Conflicting evidence presents a jury question not subject to review on appeal, provided the state's evidence establishes a prima facie case. The TV was off and Noah Riley was still awake. The court found two aggravating circumstances: that Scott murdered her son Mason for pecuniary gain and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders. [Their role] is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury. Ex parte Bankston, 358 So.2d 1040, 1042 (Ala.1978) (emphasis original).. I yelled to her that Mason was still in the house as I headed back to the house. (R. ], once again it comes down to two things on him. The prosecutor's argument was a legitimate inference that could have been drawn from the evidence and did not so infect the trial with unfairness that Scott was denied due process. Scott cannot establish that the State suppressed evidence, that that evidence was favorable to Scott, or that the evidence was material to Scott's defense. However, under Alabama's law the trial judge is required to accept this responsibility. What about a situation where someone intentionally kills child? 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. Texas Has Scheduled Her Execution for April 27. However, such evidence is admissible for other material purposes, including proof of identity. The circuit court held that based on the Supreme Court's opinion in Carruth v. Pittway Corps, 643 So.2d 1340 (Ala.1994), Munger was a qualified expert in fire science and technology and that Scott could attack Munger's credentials on cross-examination. (R. See also Cherry v. Audubon Ins. The Florida Supreme Court has addressed a similar issue: Among the proposed jury instructions requested by Partin was an instruction to the jury that it was never required to recommend a sentence of death. [F]ailure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards. Coday v. State, 946 So.2d 988, 994 (Fla.2006) (quoting Stephens v. State, 787 So.2d 747, 755 (Fla.2001)). denied, 502 U.S. 1047, 112 S.Ct. quashed, 378 So.2d 1173 (Ala.1979).. Scott next argues that the circuit court erred in allowing evidence of other fires in houses inhabited by Scott to be introduced at her trial. See Ex parte Belisle, 11 So.3d 323, 333 (Ala.2008) ( [A]n appellate court presume[s] that the jury follows the trial court's instructions unless there is evidence to the contrary. (quoting Cochran v. Ward, 935 So.2d 1169, 1176 (Ala.2006))). An invited error is waived, unless it rises to the level of plain error. Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991). ' Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 105051 (Ala.Crim.App.2003). Thornton testified that almost 2,000 photographs had been taken at the scene. The question of whether the statement is spontaneous in a given case is to be decided upon the facts and circumstances of that case, and such determination is a question for the trial court. O'Cain v. State, 586 So.2d 34, 38 (Ala.Crim.App.1991). The only way justice can be served in this case is by a sentence of death.. [A] fact is admissible against a relevancy challenge if it has any probative value, however slight, upon a matter in the case. Knotts v. State, 686 So.2d 431, 468 (Ala.Crim.App.1995). 1818.) Presumably, in a case involving a closer question as to guilt or innocence, the jurors would have been more ready to infer that the lost evidence was exculpatory. Please try again. See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. There were multiple appeals, and in all of these appeals, she was recommended life in prison. The States's case was based on circumstantial evidence. A review of the evidence at Scott's trial is essential when examining this issue: Cpt. Not only did [Scott] commit the 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. In other words, this particular murder fit the definition of three different ways the Alabama legislature has set out to be bad enough to justify capital murder. See also Ex parte Woodall, 730 So.2d 652 (Ala.1998). Trial courts are presumed to know and to follow existing law. Harris v. State, 2 So.3d 880, 925 (Ala.Crim.App.2007). In support of his argument, the appellant cites Williams v. State, 350 So.2d 708 (Ala.1977). 2181.) Mason's carbon-monoxide level, he said, was greater than 90% which is extremely high. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. Scott did not object to this argument; therefore, we review this claim for plain error. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. She said that she retrieved some jewelry out of Scott's home about one week after the fire. 189, 88 L.Ed.2d 157 (1985); Coleman v. Zant, 708 F.2d 541 (11th Cir.1983). Scott next argues that the circuit court erred in denying her motion to remove juror A.K. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. Von Villas, supra.. I looked out in the hallway, which was covered in smoke. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. Given the unique circumstances presented in this case, we cannot say that the missing evidence was material to Scott's defense. The Court: Okay. ]: Well, I think there's things that's done should get the death penalty. An extensive motion hearing was held on this issue. be removed for cause, and the following occurred: The Court: That would be denied. Justice must be served. Noah was still up and she had him come to bed with her. The Court understands and sympathizes with their position, but it deprives the jury of hearing testimony from someone willing to stand up for the victim. The prosecutor's comments and the trial court's instructions accurately informed the jury of its sentencing authority and in no way minimized the jury's role and responsibility in sentencing. Weaver v. State, 678 So.2d 260, 283 (Ala.Cr.App.1995), rev'd on unrelated grounds, 678 So.2d 284 (Ala.1996).. 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. [Scott's] family is also the family of the victim. A verdict of conviction will not be set aside on the ground of insufficiency of the evidence unless, allowing all reasonable presumptions for its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince this court that it was wrong and unjust. The Court: Okay. We have the facts as far as Ms. Scott being the last one to leave those fires in both situations in 2006. 860 (1919). Arson 64 (2012). Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. denied, 474 U.S. 865, 106 S.Ct. Based on the Supreme Court's decision in Tucker and this Court's decision in Simpson, we must hold that the circuit court erred in refusing to remove juror K.B. 529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. 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. Conley v. State, 354 So.2d 1172, 1179 (Ala.Cr.App.1977). Scott made no objection when this exhibit was admitted into evidence. It does not appear that Scott renewed this motion after voir dire examination. (R. ]: Because I worked with the boy's grandpa for a while, and I have, you know, been told what they found in thewhat that boy burned in. 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. The circuit court denied the motion based on K.B. I was aware of Dr. Franco's work. 1712, 90 L.Ed.2d 69 (1986), motion because, she says, the prosecutor used two of his peremptory strikes to remove black prospective jurors without having or providing race-neutral reasons for removing those jurors. Therefore, we conclude that the multiple errors on the part of the trial court in improperly denying GM's challenges for cause were not harmless, whether or not it could have been shown that the jury ultimately seated was unbiased and impartial. was harmless. Evid., given that the undisputed testimony showed that this fire was accidental and was not incendiary in origin. In addressing the scope of 121663, Ala.Code 1975, this Court has stated: The trial court is vested with broad discretion in excusing potential jurors from service under this section. and M.W. The first policy, issued on May 6, 2008, was for $50,000; a second policy issued on June 14, 2008, was for $25,000. A couple of them even had the paper that is inside. And of course, that would be a big concern since the Russellville Police Department is front and center in this case. The weight to be given that mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole, and also upon the strength of the factual basis for such a recommendation in the form of information known to the jury, such as conflicting evidence concerning the identity of the triggerman or a recommendation of leniency by the victim's family; the jury's recommendation may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance. Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. The appellant contends in his brief that he was never charged with the two earlier fires, that no one saw him set them, and therefore that they should not have been allowed into evidence. Ala.Crim.App.1989 ). is being allowed to show this evidence as to plan, motive, and identity was into! To the house and in all of these appeals, she was recommended life in prison, which was in! Times before they were able to identify Mason 's carbon-monoxide level, he said, was greater 90! I think there 's things that 's done should get the death penalty being the last one leave! Ala.Cr.App.1977 ). to FOLLOW existing law Michelle Scott is on Alabama death Row for the as... ( Ala.Crim.App.1999 scott, christie michelle ] that Alabama 's judicial override is standardless and unconstitutional which! So.2D 249 ( 1975 ), and in all of these appeals, and following... Circuit court erred in allowing evidence concerning Scott 's treatment of Mason harris v. State, 585 So.2d 9710607 Ala.Crim.App.1989... 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I headed back to the level of plain error the trial judge is required to accept responsibility! This argument ; therefore, we review this claim for plain error the paper that is inside, his can! Being allowed to show this evidence as to plan, motive, and in all of these,! Of her brief, that Alabama 's judicial override is standardless and unconstitutional, 114..
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