Defense experts testified that the State's experts had based their arson determination on outdated methods, that the State investigation had numerous flaws, and that the State's experts erred in concluding that the fire originated near Noah's bed. The Alabama Supreme Court addressed this issue in Ex parte Belisle, 11 So.3d 323 (Ala.2008), and held: The Supreme Court upheld the constitutionality of Kentucky's method of execution, Baze [v. Rees, 553 U.S. 35, 62,] 128 S.Ct. After evaluating the above factors, we are confident that the loss of outlet number 1 and the late disclosure of outlet number 3 did not deprive Scott of her ability to present her defense. If you have any special needs whatsoever whether it's medical or anything, let us know. (R. 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. 1868, 40 L.Ed.2d 431 (1974). Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. 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. After police and firefighters arrived at the scene, Davidson stayed with Scott. In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. I punched the screen out. 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. Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). Age 60s | Bayonne, NJ. 1031, 130 L.Ed.2d 1004 (1995), which upheld 13A547(e), Ala.Code 1975commonly referred to as the judicial-override statuteagainst constitutional attack. Tomlin v. State, 909 So.2d 213, 282 (Ala.Crim.App.2002), rev'd on other grounds, 909 So.2d 283 (Ala.2003). Scott presented the testimony of more than 20 family members, friends, and clergy members. If the accused was convicted for the former misconduct then, of course, the record of the conviction will generally suffice. Arson 64 (2012). The prosecutor's questions were within the proper scope of rebuttal examination. In Harris v. Alabama, 513 U.S. 504 [, 515] (1995), the Supreme Court of the United States held: The Constitution permits the trial judge, acting alone, to impose a capital sentence. Ex parte Carroll, 852 So.2d 833 (Ala.2002), outlines as factors in determining whether to override a jury's recommendation. In our view the instructions and verdict forms did not clearly bring about, either through what they said or what they implied, the circumstance that Mills found critical, namely, a substantial possibility that reasonable jurors, upon receiving the judge's instructions in this case, and in attempting to complete the verdict form as instructed, well may have thought they were precluded from considering any mitigating evidence unless all 12 jurors agreed on the existence of a particular such circumstance. 486 U.S., at 384.. [L.H. The record shows that at the beginning of voir dire after the court had played a videotape to the jury pool concerning jury service, the circuit court indicated for the record that it had excused juror D.T. Indeed, we have held that the opinion of the friends or relatives of the defendant that the defendant should not be sentenced to death is not a relevant mitigating circumstances for the jury to consider at the penalty phase of a capital case. Taylor v. State, 666 So.2d 36, 53 (Ala.Crim.App.1994). (R. ), [J]urors who give responses that would support a challenge for cause may be rehabilitated by subsequent questioning by the prosecutor or the court. Johnson v. State, 820 So.2d 842, 855 (Ala.Crim.App.2000). (R. And that is one of the reasons she was indicted in this case. (unpublished memorandum). Moreover, [A] venire member's written answers to a juror questionnaire may provide a valid reason for a peremptory strike. Grant v. State, 325 S.W.3d 655, 660 (Tex.Crim.App.2010). 3667.) Evidence of life insurance on the life of the victim which benefits the accused is relevant in a murder prosecution to show motive. State v. Stenson, 132 Wash.2d 668, 706, 940 P.2d 1239, 1259 (1997). Scott argues that the evidence was not sufficient to convict her of murder. Cpt. 376.) Oh, no, not my babies. She smelled smoke and tried to get to Mason's bedroom but was unable to do so because of the thick smoke and intense heat. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. Contrary to Vanpelt's assertions, there is no constitutional or statutory prohibition against double counting certain circumstances as both an element of the offense and an aggravating circumstance. 648, 653, 624 N.E.2d 836, 841 (1993), quoting People v. Smith, 44 Ill.App.3d 237, 241, 2 Ill.Dec. The only way justice can be served in this case is by a sentence of death.. See Ex parte C.L.Y. Count I charged that Scott murdered her son Mason for pecuniary gain; Count II charged that Scott murdered Mason during the course of an arson; and Count III charged that Scott murdered Mason, a child under the age of 14. Scott next argues that the court's instructions erroneously allowed the jury to believe that it could not consider a mitigating circumstances unless the entire jury agreed upon its existence. See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. This Court is bound by the decisions of the Alabama Supreme Court. Thus, the requested instruction was more stringent than Alabama law. Scott's other expert, Douglas Carpenter, testified that he had all the materials he needed in order to give his opinion on the cause of the fire. Ex parte Branch, 526 So.2d [609] at 624 [ (Ala.1987) ]. The Commonwealth can rely on a jury questionnaire to derive its race neutral reasons for striking a juror. The Scotts had the same coverage for Noah. See 13A551(1), Ala.Code 1975. 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. Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. See also, State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152 (1993) [Feldman, C.J. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. The Supreme Court found that Carroll's lack of a significant criminal history, the victim's family requests to spare Carroll's life, and the jury's 10 to 2 recommendation tip [ed] the scales in favor of a sentence of life imprisonment. CR081747. (2) Materiality of the lost outlet. The admission or exclusion of evidence is a matter within the sound discretion of the trial court. Taylor v. State, 808 So.2d 1148, 1191 (Ala.Crim.App.2000). It was his opinion that the fire was incendiary, which he explained, is a fire intentionally set by someone. 877.). The Court finds that the 1985 fires, the 1990 fire, and the 1999 fires are excluded from evidence. Fire investigators believed that the fatal fire was actually set in her children bedroom. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? 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). Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. Scott does not argue that Alabama's method of execution is unconstitutional because it is cruel and unusual. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011); Stanley v. State, [Ms. CR062236, April 29, 2011] So.3d (Ala.Crim.App.2011); Doster v. State, 72 So.3d 50 (Ala.Crim.App.2010); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). 340.) For the reasons set out above, we hold that the circuit court did not abuse its discretion in allowing evidence of the 2006 fires to be admitted. Join Facebook to connect with Christie Michelle and others you may know. The Court: Okay. denied, 493 U.S. 1012, 110 S.Ct. Faircloth v. State, 471 So.2d 485 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). Powe v. State, 597 So.2d 721, 724 (Ala.1991). When the State's expert came to the scene, the outlet was retrieved and placed in its original location. The record shows the following discussion: Before we argue any motions, let me just tell both sides, venireperson [A.C.], the circuit clerk brought her in because she had told her about her hardship with school that she has classes Tuesdays and Thursdays and asked to be excused, and I went ahead and excused her during lunch.. Accordingly, the circuit court did not abuse its discretion in denying Scott's motions for a change of venue. Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of objectively intolerable risk of harm that qualifies as cruel and unusual. Baze, [553 U.S. at 50], 128 S.Ct. Trial courts have properly excused jurors pursuant to this section for a myriad of reasons. Ala.Code 1975, 13A545(f). Ashley Pharr, a hair stylist at Hello Gorgeous, testified that she had seen Scott hit Mason on the back of the head and pop him on the leg and that Scott disciplined Mason more than her other son. He testified that Jeremy Scott initially cooperated with police and told them that Scott said to him at Mason's graveside, What do you think about having another child now? (R. 861.). 1520, 170 L.Ed.2d 420 (2008). Turner v. State, 924 So.2d 737, 754 (Ala.Crim.App.2002). [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). Such a recommendation is to be treated as a mitigating circumstance. ]: I would have to give them the death. I tried several times to get in with the code. WebScott Matthew Christie, 55 Resides in San Carlos, CA Lived In Portage MI, Battle Creek MI, Normal IL, Kalamazoo MI Related To Michael Christie, Robert Christie, Matthew Christie, Julie Christie Also known as Christie Scott Includes Address (8) Phone (1) Email (2) See Results Scott Lee Christie, 63 Resides in Austin, TX The court declined to give this instruction. As a result of the second fire the Scotts received insurance monies of over $185,000. 2374.). 1639, 6 L.Ed.2d 751 (1961). I looked out in the hallway, which was covered in smoke. 531, 133 L.Ed.2d 437 (1995); Holladay v. State, 629 So.2d 673 (Ala.Cr.App.1992), cert. 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. 876.) Freeman testified that the outlet the television was plugged into had the least damage of any of them in the room. (R. And I know you have those views and I know you said they were pretty set as far as some types of death. 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Indeed, our review of the record fails to show that police officers, firefighters, or any other State officials acted in bad faith during the investigation of the fire/homicide. See Rule 45A, Ala. R.App. Even though she says she can be fair, I think that reason suggests otherwise., (R. With these principles in mind, we review the issues raised by Scott in her brief to this Court. Evid.] Clark v. State, 896 So.2d 584, 609 (Ala.Crim.App.2000). On cross-examination, Lentini testified that he had an opportunity to examine this outlet when he arrived in town to testify but he did not do so. 1312.) It was his opinion that the fire originated in the television cabinet. ), Depending on the degree of the State's culpability for the loss of the evidence, the court may decide that the State should be precluded, on retrial, from introducing any evidence relating to the charred object, see Commonwealth v. Olszewski, 401 Mass. Alabama recognizes a liberal test of relevancy Haves v. State, 717 So.2d 30, 36 (Ala.Crim.App.1997). The Court stated: Because Ross [v. Oklahoma, 487 U.S. 81, 108 S.Ct. Given the unique circumstances presented in this case, we cannot say that the missing evidence was material to Scott's defense. A check from Alfa had been issued to the Scotts for $25,000 after Mason's death, but Alfa declined to pay the remaining amount because Scott had omitted information concerning Mason's health and his medications on the application for the $50,000 policy. ]: I didn't mean it like that if I did. Thus, in Waldrop's case, the jury, and not the trial judge, determined the existence of the aggravating circumstance necessary for imposition of the death penalty. Ring [v. Arizona ], 536 U.S. [584,] 609, 122 S.Ct. See Dunning. 844 (1936); Jones v. State, [362 So.2d 1303 (Ala.Cr.App.1978) ]; Norris v. State, 429 So.2d 649 (Ala.Cr.App.1982). Peterson v. State, 452 So.2d 1372 (Ala.Cr.App.1984). Campbell v. State, 508 So.2d 1186, 1189 (Ala.Cr.App.1986). The circuit court concluded by stating that it gave heavy weight to the jury's recommendation. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. An extensive motion hearing was held on this issue. They focused only on the overall balancing question. WebView the profiles of people named Christie Michelle. Accordingly, we review this claim for plain error. The movie went off around 11:00 p.m. Therefore, while the trial court, acting without the guidance offered by Carroll, gave serious consideration to the unanimous recommendation of the jury for life [imprisonment] without parole, we are compelled to treat the jury's recommendation as a mitigating circumstance. This information has severely prejudiced defendant., (C. Testimony showed that Bray had been called in the middle of the night to come to his daughter's house because her house was on fire. This disjunctive terminology shows unmistakably that Rule 404(b) reaches conduct which is neither criminal nor unlawful so long as the conduct is probative of, and revelatory as to, a permitted purpose.. Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. A trial court is in a far better position than a reviewing court to rule on issues of credibility. Woods v. State, 789 So.2d 896, 915 (Ala.Crim.App.1999). Evid., given that the undisputed testimony showed that this fire was accidental and was not incendiary in origin. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. The law can never limit the number or kind of such indications . Johnson v. State, 17 Ala. 618, 624 (1850). The presumptive prejudice standard is rarely applicable, and is reserved for only extreme situations. Coleman v. Kemp, 778 F.2d at 1537. Now, most of your instructions were the intentional spoliation of evidence. (R. 123. denied, 502 U.S. 928, 112 S.Ct. (1) Culpability of the State. Freeman [v. State ], 776 So.2d [160] at 195 [ (Ala.Crim.App.1999) ]. denied, 532 U.S. 907, 121 S.Ct. Scott further asserts that it was error for the court to have an ex parte discussion with juror J.M. What'swhat have you done to my babies? (R. The circuit court chose not to follow the jury's recommendation and sentenced Scott to death. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. 675, 680, 411 S.E.2d 376, 380 (1991). indicated during voir dire that her daughter had worked at Hello Gorgeous hair salon for several months before trial and that she had heard her daughter talk about the case. [Deputy Edwards]: I'm sorry, could you repeat it one more time? For the forgoing reasons, we affirm Scott's capital-murder convictions and her sentence of death. All right. Youngblood, 488 U.S. at 5961, 109 S.Ct. 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.. As this Court stated in Ward v. State, 440 So.2d 1227 (Ala.Crim.App.1983): Appellant contends that the trial court erred in failing to exclude testimony of the prior unrelated fire of November 2, 1981, at his and his wife's residence. He cites Ex parte Holton, 590 So.2d 918 (Ala.1991), in support of his argument. Scott further argues that the circuit court used information unavailable to the jury as a basis for increasing the weight it gave to one of the aggravating circumstances. I went back to watch my movie. [T]he law [is] that even though a party introduces evidence that may be immaterial or illegal, his opponent has the right to rebut such evidence and this right is unconditional. Clark v. State, 54 Ala.App. The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. I spent 6 years at Allied to earn a living and pay my way When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. [1520] 1538 [170 L.Ed.2d 420 (2008) ], and noted that [a] State with a lethal injection protocol substantially similar to the protocol we uphold today would not create a risk that meets this standard. Baze, [553 U.S. at 61], 128 S.Ct. The prosecution was entitled, on redirect, to further explore matters elicited during cross-examination by defense counsel. Mangione v. State, 740 So.2d 444, 455 (Ala.Crim.App.1998). 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).. This Court reversed the circuit court's suppression order on the authority of Youngblood. So that would be denied.. See 13A553, Ala.Code 1975. Later, the following occurred: The Court: The fact that Mr. Copeland may be a witness in the case, do you feel like that would affect your ability to be fair and impartial? The majority of courts addressing due process claims based on lost or destroyed evidence have not found constitutional violations in the absence of Youngblood's flat bad faith requirement. See, e.g., United States v. Hamell, 931 F.2d 466, 469 (8th Cir. (quoting Rule 404(b))a relevancy conditioned on fact question under Rule 104(b) as opposed to a preliminary question of admissibility of the type enumerated in Rule 104(a) (e.g., qualification of a witness, existence of a privilege).. The next thing I remember is something hitting my face. Stop us in the hallway, ask us for something. Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that she had seen Scott angry at Mason, that she had seen Scott whoop Mason on his legs and arms, and that she had heard Scott yell at Mason. Brown v. State, 11 So.3d 866, 903 (Ala.Crim.App.2007), quoting Walker v. State, 631 So.2d 294, 301 (Ala.Crim.App.1993). One of the trial court erred in not granting their request that L.A.C I tried several times to in... 737, 754 ( Ala.Crim.App.2002 ) arrived at the scene, Davidson stayed with Scott L.Ed.2d... Say that the trial court erred in not granting their request that L.A.C court did not its... 104244 ( Ala.Crim.App.1993 ), 53 ( Ala.Crim.App.1994 ) 325 S.W.3d 655, 660 ( ). Of more than 20 family members, friends, and, in his opinion the! Would be denied.. See 13A553, Ala.Code 1975 explore matters elicited during cross-examination by defense counsel issue! Davidson stayed with Scott admission or exclusion of evidence the fatal fire was actually set her... 1372 ( Ala.Cr.App.1984 ) 1148, 1191 ( Ala.Crim.App.2000 ), 508 So.2d 1186, 1189 Ala.Cr.App.1986! May provide a valid reason for a change of venue Dowd, 366 U.S. 584... 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