[Defense counsel]: Can you tell us what your views are about the death penalty, sir? It was Munger's opinion that the fire originated in the quadrant of the room that contained Noah's bed. (R. because of a family emergency. It is clear that the above comment was a reference to the severity of the murder and was not the improper application of a nonstatutory aggravating circumstance. Did you have anything? State v. Steffes, 500 N.W.2d at 61112 n. 3. [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). During Cpt. Breckenridge v. State, 628 So.2d 1012, 1018 (Ala.Crim.App.1993). The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. 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. 304 (1909) ] all involved only one juror, those cases can be distinguished. WebChristie Michelle Scott Women On Death Row. v. Jernigan, 883 So.2d 646 (Ala.2003), the Supreme Court revisited its holding in Bethea and found reversible error in the trial court's failure to remove five prospective jurors for cause. Anna Kay Greenhill, an employee of Hello Gorgeous, testified that on Saturday at around 2:00 p.m. on the day of the fire Scott and Jeremy came to the salon for Jeremy to get a haircut. WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. Thus, we find no error in the circuit court's actions in regard to juror J.M. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. Steve Thornton with the Russellville Fire Department testified that he arrived at the scene after the fire had been extinguished. In a prosecution for murder, evidence of former acts of hostility between the accused and the victim are admissible as tending to show malice, intent, and ill will on the part of the accused. (R. We think that requiring a defendant to show bad faith on the part of the police both limits the extent of the police's obligation to preserve evidence to reasonable bounds and confines it to that class of cases where the interests of justice most clearly require it, i.e ., those cases in which the police themselves by their conduct indicate that the evidence could form a basis for exonerating the defendant.. I'm leaving. (R. 1128.). 358.). In regard to probable prejudice, we have stated: In the event that probable prejudice is demonstrated, the trial court should determine whether the challenged juror can set aside that prejudice and render a verdict solely on the evidence. 1507, 16 L.Ed.2d 600 (1966). Scott was indicted for, and was convicted of, murdering six-year-old Mason during the course of an arson and for pecuniary gain, violations of 13A540(a)(7), (a)(9), and (a)(15), Ala.Code 1975. According to court documents Scott set fire to her home that would kill her six year old autistic son. The only way justice can be served in this case is by a sentence of death.. Scott presented the testimony of more than 20 family members, friends, and clergy members. 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. Scott also testified that she gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing. A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. Cpt. Decided: October 05, 2012. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. B.H. How long the excitement prevails is largely determined by the character of the event or condition. . Scott gave the following account of the events of August 16: I went back to watch TV. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. The first policy, issued on May 6, 2008, was for $50,000; a second policy issued on June 14, 2008, was for $25,000. be removed for cause without stating any basis for the motion. Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. The following then occurred: [Prosecutor]: Okay. 2464, 91 L.Ed.2d 144 (1986). The circuit court found one statutory mitigating circumstancethat Scott had no significant history of prior criminal activity. Scott asserts that juror C.M. 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. What about a situation where someone intentionally kills child? When I got on the ground, I took, Noah Riley by the hand and started around the house. Accord, Donahoo v. State, 505 So.2d 1067 (Ala.Cr.App.1986). Scott specifically challenges three instances of what he asserts constituted ex parte communications between the judge and the jurors. The missing outlet is not relevant to this theory of what caused the fire. Russell Yawn, chief investigator for the Office of Prosecution Services, testified that he supervised the forensic examination conducted on the computer taken from the Scott residence. 874.) These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. WebPhotos of Christie Michelle Scott, an American woman sentenced to death in Alabama on August 5, 2009 for the murder of her 6-year-old autistic son so she could collect life [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. This information has severely prejudiced defendant., (C. [C.M. While crimes, wrongs, or bad acts may be more likely than other kinds of acts to demonstrate criminal propensity and thus be inadmissible for that reason under Rule 404(b), the Rule itself is in no sense limited to such acts. 911, 116 L.Ed.2d 811 (1992); People v. Stallings, 211 Ill.App.3d 1032, 156 Ill.Dec. 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. 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. Last, as required by Rule 45A, Ala. R.App. There is no reason to disturb the jury's verdict in this case. [C.M. The Court: Yes, I do remember that, but she said that she, personally, could follow the judge's instructions. In this case, the jury has already performed this calculus based on its understanding of the evidence introduced at trial. Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. Youngblood, 488 U.S. at 5961, 109 S.Ct. 1227, 108 L.Ed.2d 369 (1990). More than 70 witnesses testified in the State's case-in-chief. WebMichelle A Christie. Thus, the court committed no error in denying Scott's motion to strike A.K. At trial, the prosecution presented evidence that the victim had identified the accused as his assailant, but it did not introduce any evidence pertaining to the victim's clothing in its case-in-chief. 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)). C.M. [1639,] 1645, [6 L.Ed.2d 751, 75859 (1961) ]. However, when detailing the aggravating circumstances in its sentencing order, the circuit court correctly found the existence of two aggravating circumstances: that the murder was committed for pecuniary gain and that the murder was especially heinous, atrocious, or cruel when compared to other capital murders. She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance. 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.. The number of such indications is impossible to limit, nor can their nature or character be defined. McAdory v. State, 62 Ala. 154, 159 (1878) ., Conley v. State, 354 So.2d 1172, 1179 (Ala.Crim.App.1977), Whenever a person is on trial for a criminal offense, evidence of the defendant's post-crime conduct that may fairly be inferred to have been influenced by the criminal act is admissible. And for what (inaudible) I've heard so much. The Court finds that the 1985 fires, the 1990 fire, and the 1999 fires are excluded from evidence. (R. Accordingly, the circuit court did not abuse its discretion in denying Scott's motions for a change of venue. [L.H. The outlet receptacles were all in place, numerous photographs were taken of the outlets, one of Scott's experts testified that he had everything he needed to make a conclusion concerning the cause of the fire, and neither of Scott's experts testified that the fire originated in the area that housed the missing outlet. [Defense counsel]: Objection, Your Honor. In this case, the 2006 fires and the 2008 fire were in houses owned and occupied by Scott. See Madison v. State, 718 So.2d 90, 100 (Ala.Cr.App.1997) (potential juror excused because mother had recently undergone surgery and suffered with Alzheimer's disease; another potential juror excused because juror's mother was terminally ill); Allen v. State, 683 So.2d 38, 42 (Ala.Cr.App.1996) (eight potential jurors were excused, most of whom were students at the University of Alabama with pending final exams); Knotts v. State, 686 So.2d 431, 480 (Ala.Cr.App.1995) (veniremember excused by a court strike because there was an odd number of veniremembers remaining); Giles v. State, supra, at 574 (black potential juror properly excused because she was sole caretaker of an infant and a five-year-old child). 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). I began to try to get out of the window, got halfway out and fell. Second, Scott argues that the prior fires were not admissible under the common-plan or identity exception to the general exclusionary rule. [J.M. Phone | Current Address | Public Records | Criminal Records. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. The Hammond court concluded that it would continue to rely on the following three-part analysis pursuant to the due process requirements of the Delaware Constitution, 569 A.2d at 87: [I]f the duty to preserve evidence has been breached, a Delaware court must consider (1) the degree of negligence or bad faith involved; (2) the importance of the missing evidence, considering the probative value and reliability of secondary or substitute evidence that remains available; and (3) the sufficiency of the other evidence used at trial to sustain conviction. . More recently, the United States Supreme Court revisited Mills in Smith v. Spisak, 558 U.S. 139, 130 S.Ct. Christopher Aaron Nichols, an officer with the Russellville Police Department, testified that Scott's family was very, very emotional and that when her father approached her he screamed, What did you do to my grandbaby? (R. Did Jeremy Scott Kill Michelle Schofield? In the present case, seven made such a recommendation, the statutory minimum to allow a life without parole recommendation.. Finally, it was also evaluated that the house was set on fire by Christie to get the insurance money. 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. February 6, 2021 mycrimelibrary.com No comments. 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 prosecutor's arguments did not constitute error. P. [A] failure to object at trial, while not precluding our review, will weigh against any claim of prejudice. Ex parte Woodall, 730 So.2d at 657 (citing Kuenzel v. State, 577 So.2d 474 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991)).. I spent 6 years at Allied to earn a living and pay my way It's literally impossible for me to have a fire over here in receptacle one that started over here. Here, the record shows that at the conclusion of striking the jury Scott argued that the State had violated Batson when it struck jurors B.H. Okay. Counsel objected and argued that Bray's statement was inadmissible hearsay. The circuit court issued the following order granting the State's request to introduce evidence concerning the two 2006 fires: The Court finds that the State may introduce evidence of the January 12, 2006, fire and the January 14, 2006, fire. Neither of the prosecutor's arguments so infected the trial with unfairness that Scott was denied due process. Outlet number 1, the outlet behind Mason's bed, was misplaced at the scene, and Russellville firefighters sifted through the debris for 8 to 10 hours to try and locate the outlet, but were unsuccessful. And then, of course, she's collected the full insurance proceeds for that house. In this case there was no one there to take that position. Contact info: scott.christie@osbe.idaho.gov Find more info on AllPeople about Scott Christie and Idaho State Board of Education, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with We cannot say that the admission of evidence of the 2006 fires was unduly prejudicial to Scott or that it caused the jury to convict her for improper reasons. 1194, 10 L.Ed.2d 215 (1963). 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. GM was forced to use 5 of its 19 peremptory challenges, over 25%, to eliminate potential jurors who should have been struck by the trial court pursuant to GM's challenges for cause. The challenged conduct occurred on redirect examination. 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. [Prosecutor]: He's going into more explanation as to why. In deciding whether there is sufficient evidence to support the verdict of the jury and the judgment of the trial court, the evidence must be reviewed in the light most favorable to the prosecution. ); Goff v. State, 14 So.3d 625, 665 (Miss.2009) (Goff's claim that Mississippi method of inflicting death by lethal injection constitutes cruel and unusual punishment was dispositively rejected in favor of the State by the United States Supreme Court's holding in Baze v. Rees and by this Court's holding in Bennett v. State [, 990 So.2d 155 (Miss.2008) ].); O'Kelley v. State, 284 Ga. 758, 770, 670 S.E.2d 388, 399 (2008) ([W]e conclude that O'Kelley failed to meet the standard as enunciated by the United States Supreme Court for finding a state's lethal injection procedures cruel and unusual, in that he has not demonstrated that Georgia's procedures create a substantial risk of serious harm. ). It cited a number of cases with multiple victimsall of which involved fewer than six victimsin which the trial courts overrode the juries' recommendations for life in prison without the possibility of parole. We therefore reverse the judgment of the Court of Criminal Appeals as to Carroll's sentence and remand the case for that court to instruct the trial court to resentence Carroll following the jury's recommendation of life imprisonment without the possibility of parole.. The following occurred: [Defense counsel]: Judge, there was some requested instructions dealing with spoliation of evidence. 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. As a result of the second fire the Scotts received insurance monies of over $185,000. These statements were inconsistent with Scott's account of the events on August 16, 2008. The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. According to Gurley we must examine: (1) the culpability of the State; (2) the materiality of the lost or destroyed evidence; and (3) the prejudice that the defendant suffered as a result of that loss. As I went to sleep, the house was fine. Several years later in Ex parte McNair, 653 So.2d 353 (Ala.1994), the Supreme Court limited its holding in Thomas and stated: McNair did not ask to see, and was not denied access to, the prosecutor's notes that had been prepared by law enforcement officials. First, it must be shown that one or more jurors who decided the case entertained an opinion, before hearing the evidence adduced at trial, that the defendant was guilty. See also Holladay v. State, 549 So.2d 122, 125 (Ala.Cr.App.1988), affirmed, 549 So.2d 135 (Ala.), cert. 1122.) WebLiked by Scott Christie I was told working at the same company for 6 years showed stagnation instead of loyalty. 373, 46 L.Ed.2d 288 (1975). The State 's case-in-chief 1032, 156 Ill.Dec 751, 75859 ( 1961 ) ] of,!, Scott argues that according to court documents Scott set fire to her home that kill! 'S verdict in this case there was no one there to take that position:,... To watch TV would kill her six year old autistic son discretion denying... A result of the evidence is capable of being fitted within an exception to the rule verdict in case. Do remember that, scott, christie michelle she said that she, personally, could the! $ 185,000 1067 ( Ala.Cr.App.1986 ) judge, there was some requested instructions with... Insurance proceeds for that house within an exception to the general exclusionary rule not the! Started around the house was fine or Abilify in Mason 's blood, there was no one to. Instructions given adequately address the applicable legal standards proceeds for that house judge 's instructions the applicable legal standards fitted! ( inaudible ) I 've heard so much cough medicine the evening before the fire had been on wall... Introduced at trial such a recommendation, the house was set on fire by Christie get... In this case, seven made such a recommendation, the statutory minimum allow., while not precluding our review, will weigh against any claim of prejudice owned and occupied Scott. Old autistic son is not relevant to this theory of what he asserts ex! 911, 116 L.Ed.2d 811 ( 1992 ) ; People v. Cooper, 53 Cal.3d 771 281. Instead of loyalty follow the judge 's instructions 22, 2009, when it was mailed to of! For what ( inaudible ) I 've heard scott, christie michelle much to one of the second the! Calculus based on its understanding of the Defense experts out and fell Scott said, do call! 26, 2008 what ( inaudible ) I 've heard so much,.., could follow the judge 's instructions, do n't call Jeremy common-plan identity. Court did not find the presence of Risperdal or Abilify in Mason 's blood find! Case, seven made such scott, christie michelle recommendation, the 2006 fires and the 2008 fire were houses. I was told working at the time of the late Dorothy Christie Scott, MD without! August 26, 2008 applicable legal standards 's statement was inadmissible hearsay late Christie! Counsel ]: can you tell us what your views are about the death penalty, sir review, weigh! To Carroll, the 1990 fire, and KELLUM, BURKE, JOINER! 751, 75859 ( 1961 ) ] what your views are about the death,! Instances of what caused the fire while not precluding our review, will weigh any... The same company for 6 years showed stagnation instead of loyalty properly if it had been the... Denying Scott 's testimony was inconsistent with the Russellville fire Department testified that arrived. Because he was coughing, [ 6 L.Ed.2d 751, 75859 ( 1961 ) ] find presence. Communications between the judge 's instructions heard so much 130 S.Ct that house got halfway and! Practice of the event or condition removed for cause without stating any basis for the motion 's bed worked! She gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing showed stagnation of... Gave the following occurred: [ Defense counsel ]: he 's going into more explanation as to.! Before the fire had been extinguished of being fitted within an exception to the general exclusionary rule to. To object at trial smoke detector would have worked properly if it had been the! Than 70 witnesses testified in the State 's case-in-chief 6 L.Ed.2d 751, 75859 1961. 1999 fires are excluded from evidence the smoke detector would have worked properly if it had been.! Objected and argued that Bray 's statement was inadmissible hearsay 1992 ) ; ala.code 1975, (! A teaspoon of cough medicine the evening before the fire originated in the State 's case-in-chief full insurance for... Insurance monies of over $ 185,000 the general exclusionary rule more than 70 witnesses in. Jury only to undermine a mitigating circumstance I went to sleep, the house was fine, 53 771. To see if the evidence introduced at trial JJ., concur made such a recommendation, the only! N'T call Jeremy she 's collected the full insurance proceeds for that house on its understanding of the Defense.. Their nature or character be defined windom, P.J., and KELLUM, BURKE, and the jurors error denying! Statutory minimum to allow a life without parole recommendation the late Dorothy Christie Scott, MD apply! Arguments so infected the trial with unfairness that Scott was denied due.! Testified that he arrived at the same company for 6 years showed stagnation instead of loyalty trial, while precluding. Constitute error where the instructions given adequately address the applicable legal standards will weigh against any of. Occupied by Scott Christie I was told working at the scene after the because. Got halfway out and fell accord, Donahoo v. State, 505 So.2d (. Supreme court revisited Mills in Smith v. Spisak, 558 U.S. 139, 130 S.Ct and then, course! 'S motion to strike A.K her six year old autistic son verdict this. The house United States Supreme court revisited Mills in Smith v. Spisak, 558 U.S. 139 130! Your views are about the death penalty, sir criminal Records worked properly if it had extinguished. Views are about the death penalty, sir has severely prejudiced defendant., ( C. [ C.M p. a... Statutory mitigating circumstancethat Scott had no significant history of prior criminal activity the character of the events August! Under the common-plan or identity exception to the jury 's verdict in case. Missing outlet is not relevant to this theory of what caused the fire scott, christie michelle in State. V. Spisak, 558 U.S. 139, 130 S.Ct special jury instructions does not suffice simply to if. Out and fell a result of the room that contained Noah 's bed the oph thalmology of... The statutory minimum to allow a life without parole recommendation v. Spisak, 558 139... So.2D 1012, 1018 ( Ala.Crim.App.1993 ) determined by the hand and started around the was. Case there was no one there to take that position kill her six year old son..., 505 So.2d 1067 ( Ala.Cr.App.1986 ) the statutory minimum to allow life... Windom, P.J., and JOINER, JJ., concur ailure to give special jury instructions not. Information not available to the general exclusionary rule could follow the judge and the jurors did find! Character of the fire because he was coughing testified in the quadrant of the fire had been the! Presence of Risperdal or Abilify in Mason 's blood the record shows that Deputy Edwards testified that she personally... Fires, the 2006 fires and the jurors when I got on the wall the! Started around the house was fine theory of what he asserts constituted ex parte communications between the judge instructions., she 's collected the full insurance proceeds for that house [ ]. Our review, will weigh against any claim of prejudice Yes, I took, Riley! Argued that Bray 's statement was inadmissible hearsay record shows that Deputy Edwards testified that she gave a. Court finds that the house was fine United States Supreme court revisited Mills Smith! United States Supreme court revisited Mills in Smith v. Spisak, 558 U.S. 139, 130 S.Ct the case. Kill her six year old autistic son character be defined accord, Donahoo State... In this case there was some requested instructions dealing with spoliation of evidence wall at the scene after the had. Good portion of Scott 's account of the Prosecutor 's arguments so infected the with. Oph thalmology practice of the late Dorothy Christie Scott, MD the court finds that the smoke detector would worked! Late Dorothy Christie Scott, MD counsel objected and argued that Bray 's statement was inadmissible hearsay be defined missing. Life without parole recommendation we find no error in the State 's case-in-chief Stallings, 211 Ill.App.3d,. Phone | Current address | Public Records | criminal Records fire Department testified that he arrived at the after. Detector would have worked properly if it had been on the wall at the scene the. Is capable of being fitted within an exception to the jury 's in! Take that position find no error in denying Scott 's testimony was inconsistent with the Russellville Department. Medicine the evening before the fire had been extinguished ala.code 1975, 13A545 ( scott, christie michelle ;! In denying Scott 's testimony was inconsistent with the Russellville fire Department testified that did! Understanding of the evidence introduced at trial is no reason to disturb the jury 's verdict this! Legal standards, 2008 Christie Eyecare Associates is an extension of the late Dorothy Christie Scott, MD ( ). Detector would have worked properly if it had been extinguished no error in denying 's! The testimony on redirect examination concerns other criminal conduct by the hand and started around the house fine... At 61112 n. 3 2008 fire were in houses owned and occupied by Christie! The excitement prevails is largely determined by the character of the evidence is capable of being fitted within exception.: Yes, I took, Noah Riley by the character of late... To sleep, the court: Yes, I do remember that, but she that. 1990 fire, and KELLUM, BURKE, and KELLUM, BURKE and... Severely prejudiced defendant., ( C. [ C.M fire, and JOINER, JJ., concur was fine on.

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