They have also lived in Bronxville, NY. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. Log In Sign Up. Scott argues that the circuit court erred in denying her motion to remove juror L.H. 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 ] Carroll, 852 So.2d [833] at 836 [ (Ala.2002) ]. 1891.) 351, 107 L.Ed.2d 338 (1989).. [Ex parte Williams, 548 So.2d 518, 520 (Ala.1989) ] In order to establish a proper chain, the State must show to a reasonable probability that the object is in the same condition as, and not substantially different from, its condition at the commencement of the chain. McCray v. State, 548 So.2d 573, 576 (Ala.Crim.App.1988).. 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. 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. A couple of them even had the paper that is inside. More than 70 witnesses testified in the State's case-in-chief. The Court finds that this is a mitigating factor and gives it is due weight. Leave a The Court: Okay. The Court: Yes, I do remember that, but she said that she, personally, could follow the judge's instructions. Unlike the circumstances presented in Carroll, in this case, the victim and Scott were members of the same family. Scott also testified that she gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing. Thornton testified that he originally thought that this outlet came from another location in the house but upon closer inspection of the outlet and the numerous photographs he realized that this outlet was taken from one of the outlets cut from Mason's bedroom. The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504, 115 S.Ct. 200, 206, 501 S.E.2d 232, 239 (1998) (Formal education or training in an area of expertise is not necessary, provided the witness possesses the qualifications of such area of expertise through skill and experience.); Williams v. State, 239 Ga.App. M.W. 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. Some decisions of this Court as well as of the Alabama Court of Criminal Appeals reflect an adoption of this reasoning. 675, 680, 411 S.E.2d 376, 380 (1991). The record shows that Carolyn Scott, the owner of Hello Gorgeous, a hair salon used by the Scotts, testified that she had seen Scott yell at Mason and spank him when they were in the salon. Both homes were heavily insured at the times of the fires, Scott had increased her insurance within months of the fires, the Scotts received over $185,000 in insurance monies as a result of the second 2006 fire and over $250,000 as a result of the 2008 fire, Scott was the only adult present at the time of the fires, the smoke alarms had been disabled at the time of the fires, and the ignition source for each fire could not be determined. The characteristic was parricide, and the purpose of her mother was to collect the insurance money. The record shows that Scott moved to dismiss the charges at various times throughout the course of the trial. Last, as required by Rule 45A, Ala. R.App. 2654.) after his wife informed the circuit judge's office that her father was having emergency surgery. Noah was still up and she had him come to bed with her. Scott next argues that the evidence of the other fires was not admissible to prove motive. Heavy weight is placed on the jury's recommendation. initially indicated that he thought a person who killed a child should be given the death penalty, upon further questioning C.M. [Deputy Edwards]: I'm sorry, could you repeat it one more time? Therefore, the clothing could not be subjected to tests the results of which might have exonerated the accused. 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. . Does either side have questions for him? (R. The State argues, and we agree, that Belisle, like the inmates in Baze, cannot meet his burden of demonstrating that Alabama's lethal-injection protocol poses a substantial risk of harm by asserting the mere possibility that something may go wrong. And because of that familial relationship with a brother that's actually one of the key witnesses in the prosecution of this case, we feel this is one of those situations where her challenge for cause is warranted in spite of her answers. He'll blame me or he'll try to hurt his self. (R. The United States Supreme Court, the Alabama Supreme Court, and this court have all upheld the practice of double counting. However, B.H. When the evidence raises questions of fact for the jury and such evidence, if believed, is sufficient to sustain a conviction, the denial of a motion for a judgment of acquittal by the trial court does not constitute error. Link in B!O FOLLOW MY NEW ACCOUNT!!!! 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.. The law requires this Court to weigh the aggravating circumstances against the mitigating circumstances, which includes the jury's recommended sentence of life without parole. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. Scott next argues that the prosecution misled the jury by referring to the jury's verdict in the penalty phase as a recommendation. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). The email address cannot be subscribed. The following occurred during his direct examination: [Prosecutor]: [D]id you form an opinion as to whether all accidental nonintentional causes of the fire had been eliminated? 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. The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in I punched the screen out. 2528, 2532, 81 L.Ed.2d 413 (1984),] that [w]henever potentially exculpatory evidence is permanently lost, courts face the treacherous task of divining the import of materials whose contents are unknown and, very often, disputed. Part of it stems from our unwillingness to read the fundamental fairness requirement of the Due Process Clause, see Lisenba v. California, 314 U.S. 219, 236, 62 S.Ct. 1038, 84 L.Ed.2d 1 (1985) (quoting in turn United States v. Frady, 456 U.S. 152, 163 n. 14, 102 S.Ct. Sixteen jurors were questioned concerning their responses on the questionnaire to the questions concerning Scott's guilt. (R. 1194, 10 L.Ed.2d 215 (1963) ], makes the good or bad faith of the State irrelevant when the State fails to disclose to the defendant material exculpatory evidence. A separate sentencing hearing was held. The crucial inquiry is whether the veniremen could follow the court's instructions and obey his oath, notwithstanding his views on capital punishment. McNabb v. State, 887 So.2d 929, 944 (Ala.Crim.App.2001), quoting other cases.. 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. The following then occurred: [Prosecutor]: Okay. Scott does not argue that Alabama's method of execution is unconstitutional because it is cruel and unusual. The test to be applied in determining whether a juror should be removed for cause is whether the juror can eliminate the influence of his previous feelings and render a verdict according to the evidence and the law. I don't feel like I would be doing a fair deal. Evidence of prior [or subsequent] bad acts of a criminal defendant is presumptively prejudicial to the defendant. Bolden v. State, 595 So.2d 911, 913 (Ala.Crim.App.1991), cert. Motive is defined as an inducement, or that which leads or tempts the mind to do or commit the crime charged. Spicer v. State, 188 Ala. 9, 11, 65 So. State v. Daigle, 440 So.2d 230, 235 (La.Ct.App.1983). In discussing the Supreme Court's decision in Gingo, this Court in Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), stated: In Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. 575, 107 L.Ed.2d 569 (1989). 1312.). Scott opened the door to testimony concerning her demeanor during her entire interview when she first elicited testimony regarding her purposes in the interview process during cross-examination. Scott relies on Ex parte Tucker, 454 So.2d 552 (Ala.1984), and Simpson v. State, 666 So.2d 100 (Ala.Crim.App.1995), to support her argument. The jury does this without having specific knowledge of any other capital-murder cases. 309, 315 n. 17 (W.D.Wis.1991), affirmed, 965 F.2d 473 (7th Cir.1992), cert. Don't call Jeremy. 81518.) (R. He went to the Scott residence and examined the fire scene. 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 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). Do you believe the death penalty should be imposed in some of those kind of cases every time? The outlet was extensively photographed and documented. State v. Steffes, 500 N.W.2d at 61112 n. 3. To do so was reversible error. 33 So.3d at 1286. 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). 183, 186, 306 So.2d 51, 54 (1974). In addressing Rule 403, Ala. R. Dr. Carter testified that the cough syrup would make a child sleepy. 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. 2273, 101 L.Ed.2d 80 (1988) ], [United States v.] MartinezSalazar, [528 U.S. 304 (2000),] Bethea [v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002),] and Turner [v. State, 160 Ala. 55, 49 So. Alabama recognizes a liberal test of relevancy Haves v. State, 717 So.2d 30, 36 (Ala.Crim.App.1997). The Court: Okay. We must not substitute ourselves for jurors, nor play their role in the criminal process.. McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). Christie Michelle Scott is on Alabama Death Row for the murder of her child. 473.) The circuit court did not abuse its considerable discretion in determining that Munger was an expert in the field of fire science based on his extensive qualifications and the Supreme Court's opinion in Carruth. View contact info: Address, Phone, Email & Photos. 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. Moreover, When an ex parte communication relates to some aspect of the trial, the trial judge generally should disclose the communications to counsel for all parties. Rushen v. Spain, 464 U.S. 114, 119, 104 S.Ct. Although we question the applicability of Rule 404(b), Ala. R. 1860, 100 L.Ed.2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. I went back to watch my movie. WebMichael Christie Public Records for Michael Christie Found We found 360 entries for Michael Christie in the United States. M.W. In discussing the scope of plain error, the Alabama Supreme Court has stated: Plain error' arises only if the error is so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings. ' Ex parte Womack, 435 So.2d 766, 769 (Ala.1983) (quoting United States v. Chaney, 662 F.2d 1148, 1152 (5th Cir.1981)). The Court: [C.M.] As under preexisting Alabama law, both questionswhether a witness is qualified as an expert and whether, if so qualified, that witness may give expert opinion testimony on the subject in questionare left largely to the discretion of the trial judge. Advisory Committee's Notes to Rule 702, Ala. R. Evid. Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. The sentencing judge had the opportunity to view the family members as they testified in the penalty phasean opportunity that this Court lacksand he specifically found that the family members believed that Scott was innocent of the charges. and M.W. 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. In contrast to the flat bad faith requirement of Youngblood, some commentators and a growing minority of appellate courts have proposed that trial judges dealing with lost or destroyed evidence focus not only on the culpability of the police but also on the materiality of the [lost] evidence the type of evidence and the impact it could have had at trial. Note, 76 Va.L.Rev. [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). Since the decision in Ex parte Gingo, this court has employed an abbreviated materiality and prejudice analysis. See Grissom v. State, 624 So.2d 706 (Ala.Cr.App.1993) (wherein this Court, before discussing the lack of bad faith, observed: we are not prepared to say that the tape recording was so critical that the police's destruction of the evidence rendered a fair trial impossible) (emphasis added).. Scott next argues that the circuit court erred in allowing Deputy James Edwards of the Alabama State Fire Marshal's Office to testify about Scott's demeanor during her interview. Williams v. State, 795 So.2d 753, 780 (Ala.Crim.App.1999). 1. Conley v. State, 354 So.2d 1172, 1179 (Ala.Cr.App.1977). 905, 907 (1921). '. In Carroll, then jurors recommended life without parole. 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). Outlet number 5 had a power cord that led to the television. The next year in Ex parte Carroll, the Alabama Supreme Court considered the validity of a death sentence after the jury had recommended, by a vote of 10 to 2, life imprisonment without the possibility of parole. 1194, 10 L.Ed.2d 215 (1963). The fact that GM left one of Myron Penn's relatives on the jury, albeit as an alternate, demonstrates that it could not exercise enough peremptory challenges to remove all of the veniremembers it had challenged for cause. The record shows that Melinda Swinney, a stylist in a hair salon at WalMart discount store, testified that on Monday after the Saturday fire she saw Scott. based on experience alone and need not have any special education or training.). Scott moved that juror L.H. [T]his court has before it sufficient basis for reviewing the appellant's death sentence. Stewart v. State, 730 So.2d 1203, 1219 (Ala.Crim.App.1996). 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). 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).. She won a Grammy Award for Best Urban/Alternative Performance in 2009 for her song "Be OK" (featuring will.i.am).. She was previously signed to Motown Records, Capitol Records, and Caroline Distribution but was dropped from her label in 2017. The circuit court committed no error in denying Scott's motion to remove juror L.H. Later, in Ex parte Tomlin, 909 So.2d 283 (Ala.2003), the jury unanimously recommended that Tomlin be sentenced to life imprisonment without the possibility of parole and the court's only explanation for overriding its recommendation was that Tomlin's codefendant had been convicted of capital murder and sentenced to death. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. 2348, 147 L.Ed.2d 435 (2000),] require., Ring and Apprendi do not require that the jury make every factual determination; instead, those cases require the jury to find beyond a reasonable doubt only those facts that result in an increase in a defendant's authorized punishment or expose[ ] [a defendant] to a greater punishment Ring, 536 U.S. at 602, 604, 122 S.Ct. [T]he determination of whether or not to grant a motion for change of venue is generally left to the sound discretion of the trial judge because he has the best opportunity to assess any prejudicial publicity against the defendant and any prejudicial feeling against the defendant in the community which would make it difficult for the defendant to receive a fair and impartial trial.. All right. Sgt. Accordingly, Scott failed to establish a Brady violation. This Court has stated the following when addressing a Mills claim: The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. 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. 2562.) Section 13A547(e), Ala.Code 1975, grants the sentencing judge exclusive authority to fix the sentence for a capital-murder conviction. (R. 806 So.2d at 1193. We will address each of her arguments. And in this case, the 2006 cases, it was the very same situations where the fire occurred two days apart, Ms. Scott was the last person to leave those fires, one fire was caused by the stove eye being left [on] and she was [the] last person to leave that house. 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. WebFound 123 results for. The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. I would still listen and beand listen and go by the evidence. We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. He said that some of the electrical outlets from the bedroom were cut out of the wall in his presence, that each outlet was cut at a different length to identify it, and that the outlets were photographed from all angles. In determining whether the presumed prejudice standard exists the trial court should look at the totality of the surrounding facts. Patton v. Yount, 467 U.S. 1025, 104 S.Ct. 1061. He said that Scott's father was really irate and upset and that he screamed at Scott Oh, my God. 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. The evidence tended to show that in the early morning hours of August 16, 2008, a fire was set in the Scott house and that Mason died as a result of the fire. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. Scott next argues that evolving standards of decency have rendered Alabama's method of executionlethal injectionunconstitutional. See Dunning. Von Villas, supra.. [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. B.H. 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 2. 873, 884 (E.D.Wash.1991) (a case whose facts are virtually identical to Gingo, wherein the court, without commenting on the materiality of the evidence or the prejudice to the defendant from its loss, held that the destruction of test samples on allegedly hazardous waste material did not amount to a due process violation in the absence of bad faith). 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. In each case, this Court upheld the trial courts' decisions to override the juries' recommendations. v. State, 359 So.2d 364 (Ala.1978) (recognizing that experience and practical knowledge, as fully as formal education, qualify one to make technical judgments).. It was his opinion that the fire originated in the television cabinet. has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. There is no reason to disturb the jury's verdict in this case. [J.M. Bragwell further testified that Scott told her that her nice wedding ring was not in the house at the time of the fire but was at her mother's house. Juror S.S. indicated that she could follow the law and the evidence. Decided: October 05, 2012. How long the excitement prevails is largely determined by the character of the event or condition. . See Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. Rule 403, Ala. R. Scott next asserts that the circuit court should have removed juror S.S. for cause based on her views toward the death penalty and because she knew State witness Brian Copeland. Scott objected and requested that she be allowed to voir dire Munger. 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. In that case, the defendants were indicted for disposing of hazardous wastes at an unpermitted site. Evidence was also presented indicating that two fires had occurred at the Scotts' previous residence on Steel Frame Road in 2006 and that as a result of the second fire the Scotts had received over $185,000 in insurance monies. Because that's what caused that bead. The Alabama Supreme Court in Ex parte Thomas, 601 So.2d 56 (Ala.1992), held that the State has the burden of articulating a clear, specific, and legitimate reason for the challenge that relates to the particular case to be tried and that is nondiscriminatory. 601 So.2d at 58, quoting Ex parte Bird, 594 So.2d 676, 679 (Ala.1991). Neither the federal nor the state constitution prohibits the state from death-qualifying jurors in capital cases. 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. The record shows that the State called Munger to testify concerning the origin of the fire. The critical factor is whether the person who made the statement is still under the influence of the emotions arising from the startling event. I ran over to the garage doors. 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. I yelled to her that Mason was still in the house as I headed back to the house. Because Scott has been sentenced to death, this Court applies the standard of review set out in Rule 45A, Ala. R.App. A mitigating factor and gives it is cruel and unusual 30, (. Fire scene standard exists the trial Court erred in denying her motion to remove juror L.H executionlethal... ] Carroll, in this case B! O follow MY NEW ACCOUNT!!!. Scott residence and examined the fire, [ Ms. CR080145, December 16, 2011 ] So.3d, ( )... So.2D 677, 679 ( Ala.1991 ) 281 Cal.Rptr no reason to disturb the jury does this having... The veniremen could follow the judge 's office that her father was really irate and and. 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