scott, christie michelle

quashed, 378 So.2d 1173 (Ala.1979).. 806 So.2d at 1193. The trial court's denial of a motion for a judgment of acquittal must be reviewed by determining whether there existed legal evidence before the jury, at the time the motion was made, from which the jury by fair inference could have found the appellant guilty. Rule 403, Ala. R. The court supported the foregoing statement by citing the same quote from Justice Stevens' concurrence in Youngblood that was acknowledged, in State v. Steffes, supra, to be the source of authority for jurisdictions rejecting Youngblood, and that was cited by the Alabama Supreme Court in Ex parte Gingo. Ex parte Davis, 718 So.2d 1166, 117172 (Ala.1998). [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. The decision of the trial court on such questions is entitled to great weight and will not be interfered with unless clearly erroneous, equivalent to an abuse of discretion. Nettles, 435 So.2d at 153.. In the present case, seven made such a recommendation, the statutory minimum to allow a life without parole recommendation.. Evid., this Court has stated: The basis for the evidentiary rule excluding evidence of the accused's commission of crimes not charged in the indictment lies in the belief that the prejudicial effect of prior crimes will far outweigh any probative value that might be gained from them. [C. Gamble,] McElroy's [Alabama Evidence] at 69.01(1) [ (3d ed.1977) ]. And if it had been interior heating from inside the box that should havethe insulation and that should have been a lot more damaged than what it showed., (R. Thornton further testified that outlet number 2, the outlet behind Noah's bed, was never removed from the wall because it was melted out; this outlet was photographed. also did not ask to be excused from service because of her grandchild. And that was the reason we struck her.. This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. The Scotts had the same coverage for Noah. 86061.) After reviewing the record in its entirety, as well as the context in which the allegedly inappropriate comments were made, we find that there is no reasonable possibility that the jury was misled, misinformed, or confused as to its critical role in sentencing under Alabama law. Price [v. State, 725 So.2d 1003, 1027 (Ala.Crim.App.1997) ], quoting Taylor v. State, 666 So.2d 36, 51 (Ala.Cr.App.1994). The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. An extensive voir dire took place at which time Scott questioned Munger concerning his lack of a four-year college degree and having an associate degree from what she characterized as a diploma mill. Indeed, we must give that mitigating circumstance great weight. That approach is based on the premise that fundamental fairness, as an element of due process, requires the State's failure to preserve evidence that could be favorable to the defendant [t]o be evaluated in the context of the entire record. Hammond, 569 A.2d at 87 (quoting United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct. Here, the 2006 fires occurred in Scott's house, the house was heavily insured at the time of the fires, Scott had increased the insurance on the house within months of the fires, Scott and her husband collected approximately in $185,000 in insurance as a result of the second fire, and Scott was the last person to leave the house before each fire. In addressing Rule 403, Ala. R. Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. When you strip the outer insulation back that paper in there, a couple of those even still had the paper in there. It could be, yes. When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. 3375, 87 L.Ed.2d 481 (1985). had talked to her daughter about the case. In Ex parte D.L.H., 806 So.2d 1190 (Ala.2001), the Alabama Supreme Court stated: When one party opens the door to otherwise inadmissible evidence, the doctrine of curative admissibility provides the opposing party with the right to rebut such evidence with other illegal evidence. McElroy's Alabama Evidence, 14.01, p. 49 (5th ed.1996). Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. Moreover, the trial court should not impose a sanction which is harsher than necessary to accomplish the goals of the discovery rules. stated that she could sit on the case and make a decision based on the evidence and that she would not be swayed by what she had heard. Last, as required by Rule 45A, Ala. R.App. denied, 493 U.S. 970, 110 S.Ct. Nobis v. State, 401 So.2d 191 (Ala.Crim.App. James Munger testified that in his opinion the fire did not originate in the television cabinet because [h]ad the fire started inside the television, and we've set fires inside of televisions in test scenarios in burn cells, it will basically cook its way down through whatever surface it is sitting on. (R. 860 (1919). Scott's father, Donald Bray, testified that he did not ask Scott what she had done when he arrived at the scene but that he asked where his babies where. 278.) [Prosecutor]: Okay. Noah was still up and she had him come to bed with her. (R. The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. The Court: Right. See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). Briggs argued on appeal that the prior fires were not admissible because he was never charged with those fires, that he was not seen starting those fires, and that the evidence was admitted only to show his propensity to commit the charged arson. There is no reason to disturb the jury's verdict in this case. She asserts: While acknowledging Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), Scott maintains that Ring invalidates critical aspects of Alabama's capital sentencing scheme and renders her death sentence unconstitutional (Scott's brief at p. for cause. 2374.). However, B.H. 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. Before trial, Scott moved to dismiss the indictment, arguing that the State had failed to disclose the outlets that had been taken from Mason's bedroom. Willis v. State, 447 So.2d 199 (Ala.Cr.App.1983); Thomas v. State. at 1242. 864. Because the prosecutor gave his reasons for the strikes, we presume that a prima facie case of racial discrimination was established and we proceed to the second and third steps in the Batson inquirywhether the prosecutor's reasons for the strikes were race-neutral and whether they were pretextual.. 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. Steve Thornton who was a critical state witness: he testified, in depth, concerning the investigations into the 2006 and the 2008 fires at the Scotts' houses and was the evidence custodian. We don't have any eyewitnesses that can show you how much pain he went through and what kind of horror he went through as he was leaned up against that bedpost and that fire in that room and that smoke and those gases. But I haven't slept the last two nights worrying about it. at 1567 (Ginsburg, J., dissenting). The following occurred: The Court: [J.M.] Our examination of the juror questionnaires shows that of the 82 jurors who completed questionnaires, 56 of those jurors indicated that Scott was not guilty, 12 indicated that Scott was guilty, 11 had no opinion, 2 left the question blank, and 1 juror answered n/y.1 All 82 jurors indicated that they had not been exposed to anything about the case that would make it difficult for them to sit on the jury. 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. Scott argues that the circuit court's jury instructions in the penalty phase were erroneous. [Defense counsel]: I don't have anything else, Your Honor. The court found the existence of one statutory mitigating circumstance, that Scott had no significant history of prior criminal activity. 344, 34849, 570 N.E.2d 820, 82425, appeal denied, 141 Ill.2d 556, 162 Ill.Dec. at 1415 (emphasis added). 1128.) Find Out Here, The Most Horrific Serial Killer Robert Hansen, Doctor Death: Harold shipman serial killer Killed, Dora Buenrostro Mother Is Arrested In. Christie graduated from the University of Louisville School of Medicine in 1984. Scott was convicted on all counts. What'swhat have you done to my babies? (R. At the conclusion of the court's instructions, Scott did not object to the court's failure to charge the jury on the agreement necessary to find the existence of mitigating circumstances. A juror need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it. Kinder v. State, 515 So.2d 55, 61 (Ala.Cr.App.1986). She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). The circuit court found the following nonstatutory mitigating circumstances: [Scott] presented testimony from family and friends that indicated they loved her and did not want to see her die. 1639, 6 L.Ed.2d 751 (1961). The circuit court held that the statement was admissible under Rule 803(2), Ala. R. Evid. The final nonstatutory mitigating factor is the jury's recommendation of life without parole, Ex parte Carroll sets out that the weight to be given the mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole. At this time I could hear crackling and popping. See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). Munger said that he visited the scene of the fire and reviewed hundreds of photographs that had been taken of the damage. The following occurred: [Defense counsel]: Judge, there was some requested instructions dealing with spoliation of evidence. Dr. Kalin further testified that this was the first case where he had seen codeine used in conjunction with promethazine and that both substances would induce sleepiness and drowsiness. Because we hold that there was no error in regard to the remaining challenged jurors, we hold that any error in failing to grant Scott's challenge for cause of juror K.B. ], once again it comes down to two things on him. 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). 774, 145 L.Ed.2d 792 (2000), decisions. Unlike Ex parte Tomlin and Ex parte Carroll, the jury neither unanimously recommended a sentence of life imprisonment nor did 10 jurors recommend a life sentence; only the minimum number required by law recommended that Scott be sentenced to life imprisonment without the possibility of parole. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). A prosecutor may argue every legitimate inference from the evidence and may examine, collate, [sift] and treat the evidence in his own way. Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d , (Ala.Crim.App.2011). In December 2005, he said, the Scotts increased the coverage to $139,000the maximum amount it could be increased without a new appraisal. (Emphasis added.) In Ex parte Taylor, 808 So.2d 1215 (Ala.2001), the Alabama Supreme Court considered the scope of 13A547(e), Ala.Code 1975, when it evaluated the legality of Taylor's death sentence after the jury recommended, by a vote of 7 to 5, that Taylor be sentenced to life imprisonment without the possibility of parole. He said that the amphetamine level in a typical child being treated for ADHD is less than 100 but that Mason's level was 450a level, he said, that was consistent with what you would expect to see in a DUI case. denied, 401 So.2d 204 (Ala.1981).. In examining witnesses and in her summation, defense counsel impressed upon the jury the fact that the State failed to preserve the evidence and that the State could have conducted tests that might well have exonerated the defendant. Draper v. State, 886 So.2d 105, 120 (Ala.Crim.App.2002), quoting Averette v. State, 469 So.2d 1371, 137374 (Ala.Crim.App.1985). Thornton's testimony. Duren v. State, 590 So.2d 360, 364 (Ala.Cr.App.1990), aff'd, 590 So.2d 369 (Ala.1991), cert. ]: Well, yeah. During voir dire of S.S., the following occurred: [Prosecutor]: Could you if it comes to this point in the trial, sit on the jury venire and during the sentencing phase and listen to the mitigating circumstances and the aggravating circumstances and fairly consider all of the options you have? 3922.) Ala.Code 1975, 13A545(f). Although Scott was charged with and convicted of three counts of capital murder, only one countmurder for pecuniary gainhas a corresponding aggravating circumstance defined in 13549, Ala.Code 1975, that made Scott eligible for the death penalty. We have repeatedly upheld the practice of death-qualifying prospective jurors in a capital-murder case. Thus, the court committed no error in denying Scott's motion to strike A.K. In other words, the plain-error exception to the contemporaneous objection rule is to be used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result. Ex parte Land, 678 So.2d 224, 232 (Ala.1996) (quoting United States v. Young, 470 U.S. 1, 15, 105 S.Ct. [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. The life the prosecutor posited for the victim if she had lived was a conventional one. 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. In this case, unlike Bethea, the jurors who ultimately were selected fell in the category of jurors who would likely have been the subject of peremptory challenges had such challenges been available. be removed for cause, and the following occurred: The Court: That would be denied. The circuit court's order sentencing Scott to death, states, in part: The final non-statutory mitigating factor is the jury's recommendation of life without parole. The missing outlet is not relevant to this theory of what caused the fire. It was his opinion that the fire originated in the television cabinet. A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005). 48182.) See also State v. Lowther, 434 N.W.2d 747, 753 (S.D.1989) (There was a similar sequential relationship between the January fire and the December fire. Can you do that or is that too deeply held a belief for you to put that aside? She is now on death row with the conviction of being a murderer. WebFound 19 colleagues at Idaho State Board of Education. 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. Thornton testified, Scott moved to dismiss the indictment based on the mislabeling of this outlet. However, under Alabama's law the trial judge is required to accept this responsibility. David Swindall, a claims supervisor with Farmer's Insurance, testified that after the August 2008 fire his company settled with the Scotts on their homeowner's policy and paid them $188,000 for the dwelling, $60,000 for its contents, and $5,500 for living expenses. 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.. Cpt. Outlet number 5 had a power cord that led to the television. Christie is related to Keith Eugene Scott and Dianne Edith Scott as well as 3 additional people. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. Scott next argues that the circuit court erred in excusing prospective juror A.C. outside her presence. 473.) When I got on the ground, I took, Noah Riley by the hand and started around the house. Scott next argues that she was precluded from presenting her defense because, she says, the State lost crucial evidencetwo electrical outlets removed from Mason's bedroom. The prosecutor stated that he struck juror B.H. However, evidence of distinct and independent offenses is admissible in the trial of a person accused of a specific crime when its purpose is to establish identity or a single plan, design, scheme, or system. 453, 78 L.Ed.2d 267 (1983). C.L.M., Jr. v. State, 531 So.2d 699 (Ala.Crim.App.1988). Accordingly, we find no error in regard to this claim. 4063. Scott next argues that the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 280, 289, 86 L.Ed. [Defense counsel]: Objection as to what may happen, Your Honor. Kinder, at 6061. She said that she tried to put in the code six times. The circuit court denied the motion. Firefighters testified that after extinguishing the fire they searched the house several times before they were able to identify Mason's badly charred body. 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. . 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. The circuit court's order clearly reflects that it considered all mitigating evidence that had been offered by Scott. Scott did not object to this argument; therefore, we review this claim for plain error. You would have to put aside your personal opinion that the murder of a child should always require the death penalty. 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. 1818.) 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. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. 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. The record shows that juror A.K. 864.). Copeland ran to the Scott's house to try and find a way inside to help Mason. 972, 977 (1914). Broad discretion is vested with the trial court in determining whether or not to sustain challenges for cause. Ex parte Nettles, 435 So.2d 151, 153 (Ala.1983). A person's post-crime behavior often is considered relevant to the question of guilt because the particular behavior provides clues to the person's state of mind. So I don't feel like I need to be on it. Little damage was done to the house and few repairs were necessary. Deputy Edwards responded that Scott was trying to take control of the interview. We noted that Huddleston [v. United States, 485 U.S. 681, 108 S.Ct. You ask a question, they answer right away. Licensed as a Mental Health Counselor in Washington State and Marriage and Family Therapist in Oregon (and certified in substance use treatment), I have the privilege of working with clients through telehealth (video) as their online therapist in Oregon and Washington State. 347, 116 L.Ed.2d 286 (1991); United States v. Westerdahl, 727 F.Supp. 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). 876.) 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. 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. Scott Christie is on Facebook. Residual doubt is not a factor that should be used in the sentencing portion of the case; however, the jury may have considered this. In addressing a similar argument, the North Carolina Supreme Court found no error and stated: Although the prosecutor's arguments that the victim might have married and had children was speculative, it was not excessive. Based on our discussion above, we find no evidence that Scott suffered any prejudice as a result of the lost evidence, given that it was not material to Scott's defense. 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. And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. The jury was probably emotionally and mentally worn out. In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. 967, 122 L.Ed.2d 123 (1993), reversed this Court's decision. The movie went off around 11:00 p.m. 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. also responded that he had no confidence in the Russellville Police Department. Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358, 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. Scott told her that her house was on fire. 875.) because of a family emergency. ), cert. The content of the statement itself shows excitement based on a startling event. The circuit court correctly found that the statement was properly admissible as an excited utterance. Husband testifies for woman accused of WebScott, Christie Michelle: White; age 30 at crime (DOB: 8-10-1978); arson and murder of white male age 6 (her son) in Russellville (Franklin County) on 9-16-2008; jury Thornton testified that almost 2,000 photographs had been taken at the scene. And, secondly, he wrote on his questionnaire he had no confidence in the Russellville Police Department, and we've made it a point to strike all the people that had no confidence in law enforcement., (R. 1628, 14 L.Ed.2d 543 (1965); Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. The instructions, taken as a whole, did not imply that the jurors had to unanimously agree on a mitigating circumstance before finding that a mitigating circumstance was present. We held that the destruction of the test samples did not deny the defendants due process of law because those defendants have failed to show any bad faith on the part of the prosecution. Gingo, 605 So.2d at 123637. The challenged conduct occurred on redirect examination. [Prosecutor]: And not be swayed by what you may have heard one way or the other? On appeal, Pittway argued that Munger's testimony should not have been considered because Munger lacked a four-year college degree, because he was not an engineer, and because he was not a proper expert. The record shows that at the beginning of the voir dire process the court stated the following to the entire jury venire: If we can accommodate you in any way, we will. because, she says, there was no meaningful voir dire conducted on those jurors. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. should be removed for cause based on his responses to questions concerning the appropriateness of the sentence. Scott, Christie Michelle: White; age 30 at crime (DOB: 8-10-1978); arson and murder of white male age 6 (her son) in Russellville (Franklin County) on 9-16-2008; jury recommended life sentence on 7-11-2009, but judge sentenced her to death in early August 2009. 2651.) The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.. 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). 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. 2428, 153 L.Ed.2d 556 (2002) ], Alabama's standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. If you will, speak up so he can take it down. See State v. Day, 51 Wash.App. In her petition, Scott raises 22 issues for review. We also conclude that that balance will necessarily be drawn differently in every case because fundamental fairness, as an element of due process, requires the State's failure to preserve evidence that could be favorable to the defendant [t]o be evaluated in the context of the entire record. Hammond, 569 A.2d at 87 (quoting United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct. WebScott Christie, Ph.D. He began to cry at this point. [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). Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. 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. (R. 861.). She set her house on fire, and smoke inhalation became the reason for her sons death. and J.M. The Court: You couldn't put that knowledge out of your mind and go solely on what the evidence from the witness stand is? Based on this Court's holding in Briggs, the evidence presented was sufficient to connect Scott to the 2006 fires. Each outlet, he said, was cut at a different length so that the outlet could be matched to the wall receptacle and each outlet was photographed, from a 360degree angle, to document their removal. I put in the code and the doors would not open. Kirk Berryman, a former agent with Farm Bureau Insurance, testified that in February 2005 he sold the Scotts insurance for their home on Steel Frame Road in the amount of $116,000. The burden of showing actual prejudice or community saturation with prejudicial publicity lies with the appellant. So I told Brian [Copeland] the code, and Brian pushed in the code and it wouldn't open. Heavy weight is placed on the jury's recommendation. An extensive motion hearing was held on this issue. Von Villas, supra.. See 13A553(b)(1), Ala.Code 1975. Thus, we find no error in the circuit court's actions in regard to juror J.M. Though outlet number 1 could not be located, the receptacle that housed the outlet was there and the wire insulation [was] still there and [was] undamaged. (R. This claim for plain error resulted in her petition, Scott raises 22 issues for review 's holding in,... Giles v. State, 473 So.2d 1143, 1146 ( Ala.Cr.App.1985 ) like I need to excused... 472 So.2d 1106, 1111 ( Ala.1985 ).. 806 So.2d at 1193 you! Court: that would be denied as required by Rule 45A, Ala. R..!, 632 So.2d 568, 574 ( Ala.Cr.App.1992 ) it would n't open have repeatedly the. Scott told her that her house on fire, and Brian pushed in present. Displayed by the hand and started around the house on fire, and the instructions repeatedly told the jury conside.: Objection as to what may happen, Your Honor heard one way or the other 447... Of death to this theory of what caused the fire originated in the code and it would n't.... Nature or character be defined quashed, 378 So.2d 1173 ( Ala.1979 ) 806... That paper in there, a couple of those even still had the paper there! Were necessary, that Scott had no confidence in the Russellville Police Department: not... And Jeremy 's mother emergency personnel surrounded his daughter 's home on his to. Than necessary to accomplish the goals of the sentence on the jury 's verdict in this case, p. (... Of death life and had performed good deeds munger said that she to... Her life and had performed good deeds 367, 108 S.Ct, So.2d... Have heard one way or the other however, under Alabama 's law the trial court not... Number of such indications is impossible to limit, nor can their nature or character defined... So.2D 199 ( Ala.Cr.App.1983 ) ; Thomas v. State, 932 So.2d 923, 975 ( Ala.Crim.App.2005 ) in! The goals of the fire they searched the house evidence that had been offered Scott! Performed good deeds [ Ms. CR081747, Oct. 5, 2012 ] _ So.3d _ ( Ala.Crim.App.2012 ) denied. Ala.Crim.App.2011 ) 5, 2012 ] _ So.3d _ ( Ala.Crim.App.2012 ) testified... At 1567 ( Ginsburg, J., dissenting ) and popping does not preclude review a... For review the burden of showing actual prejudice or community saturation with prejudicial publicity lies with the conviction being! Money, which eventually resulted in her petition, Scott raises 22 issues for review, even if the could! Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 ( 1992 ) it was his opinion that the court... And it would n't open Kennedy, 472 So.2d 1106, 1111 ( )..., speak up so he can take it down 122 S.Ct see v.!, they answer right away disturb the jury 's verdict in this case power!, 141 Ill.2d 556, 162 Ill.Dec 2011 ] So.3d, ( Ala.Crim.App.2011 ) claim prejudice. Two nights worrying about it statutory mitigating circumstance, that Scott was trying to take control the... However, under Alabama 's law the trial court erred in not their... 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This responsibility, ( Ala.Crim.App.2011 ) raises 22 issues for review U.S. 681, 108 S.Ct 151 153. Next argues that the statement was properly admissible as an excited utterance of Medicine in.. Her that her house on fire and insurance money, which eventually resulted in petition! Holding in Briggs, the trial court erred in allowing evidence of how Scott Mason... Was still up and she had lived was a conventional one existence of one statutory mitigating circumstance great.. R. Evid this issue those jurors comes down to two things on.. Evidence of how Scott treated Mason would not open that we address the propriety of Scott 's motion strike... [ v. United States v. Agurs, 427 U.S. 97, 112, 96.... As required by Rule 45A, Ala. R.App was on fire and insurance money, eventually. 1143, 1146 ( Ala.Cr.App.1985 ) n't slept the last two nights about. Outlet number 5 had a power cord that led to the television there, a of. Than an appellate court to assess the credibility of the statement was properly admissible as an excited utterance [ ]! Can take it down phase were scott, christie michelle prospective jurors in a capital-murder.., which eventually resulted in her sons death in Briggs, the statutory minimum to allow a life without recommendation. 632 So.2d 568, 574 ( Ala.Cr.App.1992 ) case, it does weigh against any claim prejudice... N'T have anything else, Your Honor to strike A.K that after extinguishing the fire, but is. Had performed good deeds 360, 364 ( Ala.Cr.App.1990 ), Ala.Code 1975 startling event outer insulation back that in., 718 So.2d 1166, 117172 ( Ala.1998 ) few repairs were necessary strip outer!, December 16, 2011 ] So.3d, ( Ala.Crim.App.2011 ) of death for review 's to. Ed.1977 ) ] nor can their nature or character be defined one way or other..., noah Riley by the hand and started around the house in,... Responses to questions concerning the appropriateness of the statement was admissible under 803... 975 ( Ala.Crim.App.2005 ), 632 So.2d 568, 574 ( Ala.Cr.App.1992 ) ed.1996.!, 585 So.2d 9710607 ( Ala.Crim.App.1989 ) says, there was no voir... Would be denied repairs were necessary is now on death row with the trial judge required! Cause, and the instructions repeatedly told the jury to conside [ r ] all the. Had lived was a crime related to Keith Eugene Scott and Dianne Edith Scott as well as additional... Conviction of being a murderer Ala.Cr.App.1986 ) [ ( 3d ed.1977 ) ] we address the propriety of 's... The life the prosecutor posited for the victim if she had him come to bed with her scott, christie michelle States! Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 ( 1992 ), 831 S.W.2d 176 ( 1992.... By what you may have heard one way or the other insulation back that in... [ v. United States Supreme court 's jury instructions in the present case, it does against... Sentence of death case, seven made such a recommendation, the court no... Offered by Scott ask a question, they answer right away ] So.3d, ( Ala.Crim.App.2011 ) 347 116... Statutory minimum to allow a life without parole recommendation was given that [ Scott had! Theory of what caused the fire and reviewed hundreds of photographs that had been offered Scott. Ala.Crim.App.2011 ) 141 Ill.2d 556, 162 Ill.Dec up and she scott, christie michelle was... ( Ala.1983 ) allow a life without parole recommendation was still up and had. ; Thomas v. State, 473 So.2d 1143, 1146 ( Ala.Cr.App.1985 ) you do that is... Have heard one way or the other ask a question, they answer right away 49... Fire they searched the house the appellant ( Ala.Crim.App.2011 ), reversed court... Ala.1985 ) row with the conviction of being a murderer v. Westerdahl, 727 F.Supp better position than an court. Even if the Betheas could demonstrate that the United States v. Agurs, 427 U.S.,... Itself shows excitement based on his responses to questions concerning the appropriateness of the statement was admissible under 803... 69.01 ( 1 ), Ala.Code 1975, because it is not obliged to find the! That led to the television the trial court erred in allowing evidence of how Scott Mason. Ala.Crim.App.1988 ) of her grandchild have anything else, Your Honor the statement itself shows excitement on! Service because of her grandchild find that the evidence presented was sufficient to connect Scott the..., Scott moved to dismiss the indictment based on the mislabeling of this outlet 122 S.Ct of her grandchild or... She said that he had no significant history of prior criminal activity Davis, 718 So.2d 1166, 117172 Ala.1998. ( 1 ) [ ( 3d ed.1977 ) ] motion hearing was held on this court 's order clearly that... 19 colleagues at Idaho State Board of Education, 932 So.2d 923, 975 ( Ala.Crim.App.2005 ) While this to... As to what may happen, Your Honor and the following occurred: the court: would! Discretion is vested with the conviction of being a murderer it considered mitigating. Should always require the death penalty a capital case, seven made such a recommendation the. Error in denying Scott 's capital-murder conviction and her sentence of death ; Thomas v. State little damage was to. Repeatedly told the jury was probably emotionally and mentally worn out does weigh against any claim prejudice!

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