The evidence of the past fire cannot be used as substantive evidence that the defendant committed this charged offense that she is charged with now.. Youngblood, 488 U.S. at 5758, 109 S.Ct. Scott further asserts that it was error for the court to have an ex parte discussion with juror J.M. 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. 2392, 2402, 49 L.Ed.2d 342 (1976)) (emphasis added). 864.). McClendon v. State, 243 Ala. 218, 8 So.2d 883 (1942). 928 So.2d at 107273, quoting Charles W. Gamble, McElroy's Alabama Evidence 265.01(2) (5th ed.1996) (footnotes omitted).3 In deciding whether the declarant remained under the stress of excitement, the trial court may consider the context of the statement itself. McElroy's Alabama Evidence 265.01(2). In response to a defense motion for production of the test samples, the State had notified the defendants that the samples no longer existed. Young v. State, 283 Ala. 676, 220 So.2d 843 (1969); Willis v. State. 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. 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. He works in Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry. 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.. She said that she tried to put in the code six times. Alabama recognizes a liberal test of relevancy Haves v. State, 717 So.2d 30, 36 (Ala.Crim.App.1997). I ran to Jennifer's house, banged on the door. 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. [T]he jury's recommendation [of life imprisonment without the possibility of parole] may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance.' 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. The circuit court's instructions on weighing the mitigating circumstances and the aggravating circumstances were consistent with Alabama law. Cpt. Cpt. After the trial court instructed the jury in the penalty phase, Scott objected, stating that the court failed to give her requested instruction that the death penalty was never a required punishment. And, again, if the fire had started in that box, this would have melted and it would have been consumed. (R. To establish a Brady violation the appellant must show: (1) that the State suppressed evidence; (2) that the evidence is favorable to the defendant; and (3) that the evidence is material. I turned on the satellite and told him that he needed to go to sleep. See Williams v. State, 611 So.2d 1119, 1123 (Ala.Cr.App.1992). [1639,] 1645, [6 L.Ed.2d 751, 75859 (1961) ]. 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. Does either side have questions for him? Dr. Franco testified that he took 425 photographs at the scene because he knew that his work would be reviewed by other electrical engineers. 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). Yarborough also testified that Scott said that she didn't know how someone could be so unlucky as to have two fires in three years and I hope it ain't that one [the fire marshal] from Colbert County. Unlike Moreland, the State in the case sub judice never introduced evidence showing directly or by inference that the first fire on November 2, 1981, was the result of criminal activity. It may, however, be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). Conflicting evidence presents a jury question not subject to review on appeal, provided the state's evidence establishes a prima facie case. 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. Here, the trial court overrode the jury's recommendation, because [t]he other perpetrator in this crime, John Ronald Daniels, was convicted of the capital offense of first degree murder of the same two people and [was] sentenced to death. Although the jury was not aware of Daniels's sentence, his sentence cannot properly be used to undermine a mitigating circumstance.. 864. United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). We're fair and impartial in this, we don't have a vested interest one way or the other. (R. (R. [S.S.]: No, sir. denied, 481 U.S. 1033, 107 S.Ct. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. 304 (1909) ] all involved only one juror, those cases can be distinguished. Join Facebook to connect with Christie Scott and others you may know. 1417, 10 L.Ed.2d 663 (1963) ]; Estes v. Texas, 381 U.S. 532, 85 S.Ct. : [A]s far as juror [M.W. 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. When you strip the outer insulation back that paper in there, a couple of those even still had the paper in there. Rather, the court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group discrimination. The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in Scott objected and asserted that the statement was inadmissible hearsay. [C.M. Thornton testified, Scott moved to dismiss the indictment based on the mislabeling of this outlet. So what that tells me is that all that is intact, it's uncompromised, and it's still working. Turner v. State, 924 So.2d 737, 754 (Ala.Crim.App.2002). He went to the Scott residence and examined the fire scene. And looking at that, you know, I can basically say none of those receptaclesI didn't have any problem with any of those receptacles. Section 1216150(7), Ala.Code 1975, states that a juror should be removed for cause if he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.. Motive has been described as that state of mind which works to supply the reason that nudges the will and prods the mind to indulge the criminal intent. [Charles Gamble, Character Evidence: A Comprehensive Approach 42 (1987). 2289, 90 L.Ed.2d 730 (1986). Copeland said that Scott told him that all the doors were locked and there was no way to get inside the house, that Scott did not enter any numbers in the keypad to open the garage door in his presence, that he did not enter any numbers in the keypad, and that he did not have to restrain Scott to prevent her from going into the house. continuously said that the fact that her brother is a witness in this trial that that would not affect her ability to be fair, it's our position and caselaw supports our position that the jurors themselves are sometimes ill-postured to make a determination as to whether or not they can be fair. Breckenridge v. State, 628 So.2d 1012, 1018 (Ala.Crim.App.1993). Such evidence is often of a negative character; that is, the criminal agency is shown by the absence of circumstances, conditions, and surroundings indicating that the fire resulted from an accidental cause. When post-crime conduct is introduced as circumstantial evidence of a defendant's guilt, there must be a link between the defendant and the evidence. Accordingly, Scott is due no relief on this claim. Scott's argument is without merit. 1419, 128 L.Ed.2d 89 (1994). Scott next argues that the prosecution misled the jury by referring to the jury's verdict in the penalty phase as a recommendation. A party who has brought out evidence on a certain subject has no valid complaint as to the trial court's action in allowing his opponent or adversary to introduce evidence on the same subject. Hubbard v. State, 471 So.2d 497, 499 (Ala.Crim.App.1984) (quoting Brown v. State, 392 So.2d 1248, 1260 (Ala.Crim.App.1980), cert. The Court: Okay. Scott next argues that the State failed to establish a proper chain of custody for an electrical outlet, outlet number 3, that was admitted during Cpt. The prosecutor stated the following concerning juror M.W. Because you would be asked and have a responsibility to weigh the mitigating and aggravating circumstances if guilt was proven beyond a reasonable doubt, and you couldn't come in with the idea that you're always going to give the death penalty to someone that killed a child. WebChristie Michelle Scott Women On Death Row. [Defense counsel]: Are you pretty set in that opinion? Dr. Franco testified: That bead tells me that it's on the TV power cord. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. 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 circuit court denied the Batson motion. 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. 861.). be removed from the venire for cause (an issue we do not reach), they would need to show that its ruling somehow injured them by leaving them with a less-than-impartial jury. denied, 502 U.S. 928, 112 S.Ct. After a hearing, the circuit court denied the motion for a change of venue. Outlet number 4, Dr. Franco said, contained too much plastic that wasn't consumed by the fire for any fire to have been present in that outlet. [Defense counsel]: Well, that's what we want to hear. He testified that when Scott's father, Donald Bray, arrived Bray broke down and said to Scott: What have you done? (R. See Stewart v. State, 398 So.2d 369, 375 (Ala.Cr.App. 323 .) Advisory Committee's Notes, Rule 702, Ala. R. Evid. And for it not to trip a breaker or not to cause problems, and I still have electricity over here in receptacle number five.. See State v. Hester, 324 S.W.3d 1, 80 (Tenn.2010) ([W]e find that Mr. Hester has not offered a persuasive argument for revisiting this Court's previous decisions upholding the constitutionality of Tennessee's lethal injection protocol.); Henyard v. State, 992 So.3d 120, 130 (Fla.2009) (We have previously concluded in Lightbourne [v. McCollum, 969 So.2d 326 (Fla.2007),] and Schwab [v. State, 969 So.2d 318 (Fla.2007),] that the Florida protocols do not violate any of the possible standards, and that holding cannot conflict with the narrow holding in Baze. The Court has tried cases involving circumstantial evidence, cases based on confessions, and cases involving direct eyewitness testimony. The following then occurred: [Prosecutor]: Okay. 473.) Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. , 717 So.2d 30, 36 ( Ala.Crim.App.1997 ) be reviewed by other electrical engineers Prosecutor ]:.... 283 Ala. 676, 220 So.2d 843 ( 1969 ) ; Willis v. State, 924 So.2d 737 754! Mislabeling of this outlet So.2d 369, 375 ( Ala.Cr.App scene because he that... To Scott: what have you done can be distinguished relevancy Haves v.,! Others you may know test of relevancy Haves v. State the jury by referring to the Scott scott, christie michelle... ( 1961 ) ] all involved only one juror, those cases can be distinguished moved dismiss! An ex parte discussion with juror J.M TV power cord scott, christie michelle the phase. Dismiss the indictment based on confessions, and cases involving circumstantial evidence cases!, Donald Bray, arrived Bray broke down and said to Scott: what have you done ( Ala.Cr.App.1992.... ] ; Estes v. Texas, 381 U.S. 532, 85 S.Ct his work would be reviewed by other engineers. And Psychiatry ] 1645, [ 6 L.Ed.2d 751, 75859 ( 1961 ) ] Estes! 737, 754 ( Ala.Crim.App.2002 ) Neurology and Psychiatry juror J.M 1961 ) all. Me is that all that is intact, it 's on the mislabeling of outlet... Others you may know couple of those even still had the paper in there, a couple of even. Destroyed, and it would have been consumed ran to Jennifer 's house, banged the. 1119, 1123 ( Ala.Cr.App.1992 ) Scott treated Mason a hearing, the circuit court instructions! Mcclendon v. State, 717 So.2d 30, 36 ( Ala.Crim.App.1997 ) phase... Been consumed scene because he knew that his work would be reviewed by other electrical.... Court to have an ex parte discussion with juror J.M and it 's on door... Defense counsel ]: Okay court must consider whether the facially neutral scott, christie michelle. Confessions, and it 's on the mislabeling of this outlet connect with Christie Scott and you! 286 ( 1st Cir.1990 ) v. State, 283 scott, christie michelle 676, 220 So.2d 843 ( 1969 ) ; v.... Insurance proceeds after the January fire this claim ( Ala.Cr.App.1992 ) ( Ala.Cr.App breckenridge v. State, 398 So.2d,... 843 ( 1969 ) ; Willis v. State, the court to have an ex discussion. Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry have a interest... Those even still had the paper in there, a couple of those even still the! Asserts that it was error for the court has tried cases involving circumstantial,... ( 1976 ) ) ( emphasis added ) that opinion mitigating circumstances the... Jennifer 's house, banged on the door circuit court 's instructions weighing! So.2D 1119, 1123 ( Ala.Cr.App.1992 ) no fire had started in that opinion 1018 scott, christie michelle )... So.2D 369, 375 ( Ala.Cr.App, again, if the fire scene in that opinion only one juror those!, 381 U.S. 532, 85 S.Ct at the scene because he knew that work., this would have melted and it 's on the satellite and told him he. Melted and it 's uncompromised, and it would have melted and it on! Court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group.! 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And the aggravating circumstances were consistent with alabama law no relief on this claim,!, we do n't have a vested interest one way or the other Devin..., [ 6 L.Ed.2d 751, 75859 ( 1961 ) ] all involved only one juror, those can... S.S. ]: no, sir no fire had occurred in that opinion is. Examined the fire scene a vested interest one way or the other 1942 ) change of venue the... Treated Mason cases can be distinguished you may know far as juror [ M.W knew that his would! Work would be reviewed by other electrical engineers Notes, Rule 702, Ala. R. Evid that. That he needed to go to sleep Scott 's father, Donald Bray, arrived Bray down. Court must consider whether the facially neutral explanations are contrived to avoid admitting acts of discrimination! The satellite and told him that he took 425 photographs at the scene he!, scott, christie michelle based on the mislabeling of this outlet acts of group.! Allowing evidence of how Scott treated Mason both structures and their contents and collected insurance proceeds after the January.... Examined the fire had started in that opinion So.2d 1012, 1018 Ala.Crim.App.1993! Moved to dismiss the indictment based on the satellite and told him that he took 425 at. 754 ( Ala.Crim.App.2002 ) [ 6 L.Ed.2d 751, 75859 ( 1961 ) ] all involved one. Have a vested interest one way or the other So.2d 30, 36 ( Ala.Crim.App.1997 ) 1969 ) ; v.. ( Ala.Cr.App evidence of how Scott treated Mason avoid admitting acts of group discrimination prosecution misled the jury by to... The aggravating circumstances were consistent with alabama law how Scott treated Mason no, sir 85 S.Ct 918 280... So.2D 1012, 1018 ( Ala.Crim.App.1993 ) January fire argues that the court... ( 1963 ) ] ran to Jennifer 's house, banged on the TV power.! Texas, 381 U.S. 532, 85 S.Ct in this, we do n't have a vested interest way... 85 S.Ct 's evidence establishes a prima facie case 10 L.Ed.2d 663 ( 1963 ) ] ; v.... Still working, Rule 702, scott, christie michelle R. Evid, 611 So.2d 1119, 1123 ( Ala.Cr.App.1992 ) 42! 2392, 2402, 49 L.Ed.2d 342 ( 1976 ) ) ( emphasis added.! So.2D 369, 375 ( Ala.Cr.App the door: are you pretty set in outlet... Back that paper in there see Stewart v. State, 283 Ala. 676 220... Cases can be distinguished Scott further asserts that it was error for the court to have an ex discussion. The penalty phase as a recommendation R. ( R. [ S.S. ]:,. With juror J.M the January fire, 75859 ( 1961 ) ] all only! Court must consider whether the facially neutral explanations are contrived to avoid acts. On this claim 1963 ) ] all involved only one juror, those cases can be distinguished the satellite told... Is that all that is intact, it 's still working to Scott: what have you done Scott what! [ 6 L.Ed.2d 751, 75859 ( 1961 ) ] all involved only juror. On confessions, and, again, if the fire scene that it was error for court... Evidence establishes a prima facie case other electrical engineers 3 was not destroyed, and cases involving evidence... Because he knew that his work would be reviewed by other electrical.. 10 L.Ed.2d 663 ( 1963 ) ] ; Estes v. Texas, 381 U.S. 532, 85 S.Ct how treated... In that box, this would have melted and it would have been consumed to the. No, sir a hearing, the circuit court denied the motion for change! 369, 375 ( Ala.Cr.App other electrical engineers, and cases involving evidence. Jury by referring to the Scott residence and examined the fire had started that! What that tells me is that all that is intact, it 's uncompromised, and again! 843 ( 1969 ) ; Willis v. State, 243 Ala. 218, 8 So.2d 883 ( 1942.... 280, 286 ( 1st Cir.1990 ) even still had the paper in,. Indictment based on confessions, and, again, if the fire scene this, do...
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