Graham presented no evidence at trial that Shea intended to capitalize on this information. He is best known for competing on the thirteenth season of RuPaul's . (R. 4241.) 19.9m Followers, 679 Following, 3,647 Posts - See Instagram photos and videos from A S H L E Y G R A H A M (@ashleygraham) ashleygraham. 45.). (Graham's brief at p. Here, after prospective jurors were excused for cause, the venire consisted of 45 prospective jurors 20 African-American prospective jurors and 25 white prospective jurors. People v. Esparza-Treto, 282 P.3d 471, 480 (Colo. App. 2954, 57 L.Ed.2d 973 (1978), held that a court must consider all evidence submitted by a capital-murder defendant in mitigation. As he was driving away in his truck, he ran over Shea's right arm. Memorial services will be held 4 PM Wednesday at Vance Memorial Chapel with Rev. 3078.). 1992); Haney v. State, 603 So.2d 368 (Ala. Crim. Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. Resides in Woonsocket, RI. On July 7 she met Walton - who is now serving a life sentence having confessed to the killing - in a public library and gave him her pistol. On multiple occasions, after that date, Walton said, Graham asked him to kill Shea. Stephanie Graham. 2595.) Cassidy is home for the summer from college and working at the local bar. Ex parte Graham (No. Indeed, Graham meets none of the three factors discussed in Perkins. Citations are also linked in the body of the Featured Case. (R. '"); State v. Campbell, 414 N.J.Super. Stephanie C Shea, 51. Only Mike Dominguez and Stewart Woodman took the deal. The native Arizonian cut her teeth working for state lawmakers and on Sen. Mitt Romney's unsuccessful. E.P. 3,647 posts. Duration: 24s. "The remoteness of a collateral act goes to the weight of the evidence rather than its admissibility." State v. Powers, 654 N.W.2d 667, 679 (Minn. 2003). indicated on their juror questionnaires that they had close relatives that had convictions. It is clear from the record that African-American prospective jurors D.D., T.R., J.S., L.M., T.L., and T.K. Graham was accused of persuading longtime family worker Kenneth Walton to kill daughter Stephanie Shea Graham, who went by Shea. Kindle Edition. Now find out how he got there. George Beverly Shea, who escaped a life of toil in an insurance office to become a Grammy-winning gospel singer and a longtime associate of the Rev. A person acts intentionally when its his or her purpose to caused the death of another person. It was exactly this time last year that Lisa Carpenter Graham was handed a death sentence for hiring a hit man to kill her daughter, Stephanie Shae Graham. (Graham's brief at p. Walton found Shae at a gas station with friends, and on the pretense of giving her a vehicle to escape the state with, lured her into his truck. Facebook gives people the power. Commonwealth v. Robson, 461 Pa. 615, 623, 337 A.2d 573, 577 (1975). 4424.) Graham is due no relief on this claim. Walton testified that, while police were questioning him, he suggested that he telephone Graham so the police could monitor the call. Last, we have searched the record for any error that may have adversely affected Graham's substantial rights and have found none. Shea asked for help in getting an automobile. 2010). 1992), we held that an indictment that charged murder for "a pecuniary or other valuable consideration or pursuant to a contract or for hire" was an indictment that charged "alternative methods" of proving the same capital offense. 632 So. Immediately before the interview, Kevin Graham, Graham's husband, asked if he could speak with Graham because, he said, he could get her to tell the truth about her involvement in their daughter's death. Graham further argues that her conversation with her husband was the functional equivalent of a police interrogation and that, therefore, she should have been advised of her Miranda rights before the conversation took place. Showing Editorial results for stephanie grisham. We are no longer accepting comments on this article. Show More Posts from ashleygraham. But see Ex parte Colby, 41 So.3d 1 (Ala. 2009); General Motors Corp. v. Jernigan, 883 So.2d 646 (Ala. 2003) (harmless-error analysis does not apply when the circuit court erroneously denies challenges for cause of multiple jurors). In reviewing a circuit court's ruling on a motion to suppress a confession, we apply the standard adopted by the Alabama Supreme Court in McLeod v. State, 718 So.2d 727 (Ala. 1998): 718 So. 4170-71.) For these reasons, we find no plain error. Walton told Graham that the gun was dirty and needed to be cleaned. 2d at 255. App. Specifically, Graham challenges the following argument made in the prosecutor's rebuttal: "It is improper for a prosecutor to `seek justice beyond the parameters of the case.'" Dr. Steven Boudreau, a pathologist with the Alabama Department of Forensic Sciences, testified that Shea died of multiple gunshot wounds. Graham asserts that Hodge was her husband's "suspected lover.". Gospodareck v. State, 666 So.2d 835, 842 (Ala. Crim. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. The circuit judge denied that motion, and this Court denied mandamus relief on that basis. indicated during voir dire examination that she had been good friends with Sheriff Taylor for many years. Graham further argues that the doctrine of transferred intent has no application to capital cases where the intent to kill must be real and specific. Sockwell, 675 So. He testified: Walton further testified regarding the event of July 5 and July 6, 2007. Graham argues that her constitutional right to a speedy trial was violated because, she says, more than eight years elapsed between her arrest and her conviction. Kevin indicated at one point that Walton killed Shea to get back at them after they had fired Walton. Related Accounts . 2003). It is clear that the circuit court did not instruct the jury that they could convict Graham of capital murder even if she did not have the specific intent to kill Shea. was not questioned further about her comments concerning the weight she would attach to Sheriff Taylor's testimony. P., provides: In discussing the scope of Rule 45A, the Alabama Supreme Court has stated: Ex parte Brown, 11 So.3d 933, 938 (Ala. 2008). Thus, Graham is due no relief on this claim. Nelson v. State, 623 So.2d 432, 435 (Ala. Crim. Walker, 928 So. 1993) (footnote omitted). (C. Elle tait une partisane passionne des Filles de la Rvolution . 2d at 24-25 (emphasis added). Dr. Boudreau testified: (R. 360.) Graham answered: "Because they're recording everything we're saying." Authorities said she had been shot six times. 2894.) Oct. 6, 2010 The Chef Mayra Show with special guest, Stephanie Graham, director of Love's Alchemy Spiritual Center. Woodard v. State, 253 Ala. 259, 263, 44 So.2d 241, 244 (1950). That rule provides, in pertinent part: The United States Supreme Court in Blau v. United States, 340 U.S. 332, 333, 71 S.Ct. The court stated: "Appellant's statement was not in the form of a request, nor did appellant expressly say that he wanted a lawyer. Length of Delay. "`Neither the Alabama Rules of Evidence nor Alabama caselaw sets a specific time limit for when a collateral act is considered too remote, other than a conviction for impeachment purposes.'" 2597.) (C. 1995). App. Zestimate Home Value: $260,000. A Mother, Her Daughter.A Tragedy. Nothing every happened in Whispering Oaks, until the night Cassidy Linden's sister, 17 year old Emily disappears. The circuit court in an abundance of caution had Graham evaluated, and evidence pertaining to that evaluation was presented to the court. Davis v. State, 718 So.2d 1148, 1157 (Ala. Crim. During Walton's cross-examination, Graham moved that a hearing be held. See Sockwell, supra. App. Burrell v. Commonwealth, 58 Va.App. Prosecutors say Lisa Graham wanted her daughter killed because she felt that she was destroying her marriage and ruining her life. Prospective juror B.W. App. We're Back! 253, 254, 547 S.E.2d 784, 786 (2001). 1364, 113 L.Ed.2d 411 (1991); to defense counsel in criminal cases in Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. Uploaded: 09 Apr, 2011. The court's instructions were sufficient and consistent with Alabama law. (R. Arizona v. Washington, 434 U.S. 497, 505-06, 98 S.Ct. Graham further argues that the conversation was the functional equivalent of a police interrogation; therefore, she asserts, the contents of the conversation were improperly admitted because Graham was not given her Miranda9 rights before the start of the conversation. State v. Powers, 654 N.W.2d at 679. 2002) ("The statutory right [to a speedy trial] is satisfied once the defendant is brought to trial, even if that trial results in a mistrial. Youtube. Graham is due no relief on this claim. 1986), to support her argument. The State argues that in Haney v. State, 603 So.2d 368 (Ala. Crim. Goodrich testified: (R. The statute is written in broad terms, as evidenced by the legislature's use of the word "or" instead of "and." Indeed, this Court has discussed the broad application of 13A-5-40(a)(7). Witnesses told police that Walton had left the gas station with her, and he quickly confessed to his part in the crime, also telling officers that Graham had paid him to do it. 4271.) State v. O'Donnell, 142 Wn.App. Graham also challenges the following testimony that occurred during Sheriff Taylor's examination. Prejudice to Defendant. more. The delay in this case the period between the mistrial and the second trial was 29 months, not the 96 months that Graham asserts applies in this case. "`"Delays occasioned by the defendant or on his behalf are excluded from the length of the delay and are heavily counted against the defendant in applying the balancing test of Barker."'" The circuit court did not abuse its considerable discretion in issuing a different ruling on this issue during the retrial.5 Indeed, because all the rulings in the first trial were by legal definition a nullity, the circuit court correctly reconsidered every evidentiary issue that was presented at Graham's second trial. EPISODE 2. That interview was conducted by Officer Grover Goodrich and Sgt. This is the entire argument on this claim. 19.9M followers. This Court recently addressed a similar issue and stated: Largin v. State, 233 So.3d 374, 395-97 (Ala. Crim. 2939.) Goodrich stated, at some point, that the interview was "paused" and he was relieved by Sgt. About 30 minutes after Kevin entered the room to talk to Graham, Sheriff Taylor entered the room with a standard waiver-of-rights form. 222 Shea Ct, Graham, NC is a single family home that contains 1,455 sq ft and was built in 2009. Walton." Immediately after the above exchange, defense counsel moved that E.P. P. Henderson v. State, 248 So.3d 992, 1016 (Ala. Crim. 4262.) In Graham's first trial, the circuit court granted Graham's motion to suppress because, it ruled, the conversation was protected by marital privilege.4 However, in the second trial the circuit court denied Graham's motion to suppress after finding that Graham knew that her conversation with her husband was being recorded; therefore, the court concluded, the conversation was not a confidential marital communication. Inside Frogmore Cottage: Plush home Harry and Meghan have been 'evicted' from by King Charles boasts a roomy A royal princess at Eton? However, the circuit court gave the mitigating circumstance in 13A-5-51(6) "little weight." 2573.) All rights reserved (About Us). Left to die alone like an animal: Parents who left 23-stone disabled daughter to die in her own filth are Holiday home owners in Scotland face new SNP tax hike under plans from front-runner to be new First Scotland should just self-identify as an independent country, one SNP member proposed. 2003), quoting Varner v. State, 497 So.2d 1135, 1137 (Ala. Crim. Reed v. State, 227 S.W.3d 111, 115 (Tex. We agree. Ex parte Trawick, 698 So.2d 162, 167-68 (Ala. 1997). 393-2534.) l'ge de 20 ans, Stephanie"Shea"Graham tait une jeune apparemment ordinaire, avec non seulement une vie sociale active, mais aussi des rves optimistes la fois pour elle-mme et pour l'avenir de notre monde. The State argues that any error was invited by Graham's actions and is waived because it does not rise to the level of plain error. )18, This Court must examine the challenged instructions as a reasonable juror would and not in isolation. Graham then responded: "Yeah. 406.) Graham next argues that the circuit court failed to instruct the jury that Graham had to have the specific intent to kill Shea before she could be convicted of capital murder. Vasquez testified: "In a prosecution for murder, evidence of former acts of hostility between the accused and the victim are admissible as tending to show malice, intent, and ill will on the part of the accused." Moreover, given this Court's holding in Harris, the State was not required to prove every definition of capital murder listed in 13A-5-40(a)(7) because the indictment, which mirrored the statute, defined alternative methods of proving the same capital offense. According to The Columbus Leger-Inquirer, medics noted that Graham was prone to bouts of depression and had a 'borderline personality disorder', but was not mentally unfit. Cookie Settings/Do Not Sell My Personal Information. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Walton testified that Graham had hired him to kill Shea. Stephanie Grisham was announced in June as President Donald Trump's newest press secretary. Shea was murdered on July 5, 2007, Graham was arrested on July 8, 2007, and Graham was indicted on October 20, 2007. Buy newspaper front pages, posters and more. Directors Stuart Jones Eve Rodrick Writer Renee Turner Stars 219. Graham challenges the following part of the circuit court's lengthy instructions: At the conclusion of the instructions, the court asked if the parties had any exceptions. 2350, 129 L.Ed.2d 3132 (1994). The following occurred: At trial, the discussion surrounding this issue was confusing. "Failure to answer questions on a juror questionnaire is a race-neutral reason for a peremptory strike." Furthermore, there was a variance, Graham argues, between the evidence presented at trial and the indictment because there was no proof that money was exchanged for the killing. App. The majority of the delay in this case was based on motions and extraordinary petitions filed by Graham. Stephanie Peyton Shea, age 55, of Fredericksburg, VA passed away Tuesday, June 9, 2020 at her residence. At the age of 20, Stephanie "Shea" Graham was a seemingly ordinary youngster with not just an active social life but also optimistic dreams for both herself as well as the future of our world. 2013)(table). The bullet-riddled body of her Graham's daughter,. See Harris, supra. "In a criminal case the trial court is required to define technical words and expressions, but not words and expressions which are of common understanding and self-explanatory." Graham is due no relief on this claim. With Armie Hammer, Lindsay Wagner, Martin Landau, Stefanie Butler. It lacks the finality of a judgment, and means that the trial itself was a nullity.'"). Matthews v. State, 89 Md.App. $599. Certainly, that standard was not met in this case. Graham next argues that the prosecutor's closing arguments in the guilt phase were erroneous. Smith v. State, 795 So.2d 788, 837 (Ala. Crim. We note that the jury instructions in Ex parte Phillips, 287 So.3d 1179, 1195 (Ala. 2018), stated: "To convict, the State must prove beyond a reasonable doubt each of the following elements of intentional murder of two or more persons that in committing the act that caused the deaths of both [Erica] and Baby Doe, the defendant intended to kill the deceased or another person." The State moved that Graham be prohibited from presenting any evidence suggesting that Walton had "killed another man named Earl Taylor." Graham was tried in February 2015 and convicted in March 2015. Clearly, the above statements that Graham made were not clear and unambiguous requests for counsel but merely comments that mentioned an attorney. The Alabama Supreme Court extended this holding to white prospective jurors in White Consolidated Industries, Inc. v. American Liberty Insurance, Inc., 617 So.2d 657 (Ala. 1993). Graham next argues that her sentence of death is unconstitutional because, she says, she is "intellectually disabled" and her death sentence violates the United States Supreme Court's decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. And [he] told her she was nuts." App. (R. App. It is the case of Stephanie "Shae" Graham. They revealed that the plan had started in Las Vegas. 23.) 2847.) The prosecution offered all the suspects a deal: confess, and have the death penalty taken off the table. . App. 3d 206 (Supp. I'm going to just go ahead and call my lawyer" was sufficient to invoke the defendant's right to counsel. Williams v. State, 710 So.2d 1276, 1347 (Ala. Crim. App. V1104091458484.w. 2899.) A little later Graham asked why some lights in the room were on and Kevin said: "I don't know. Specifically, Graham argues that the circuit court erroneously instructed the jury that they could convict Graham of murder for hire even if the person that Graham intended to kill was not her daughter. Ct. 1998) (footnotes omitted). App. McGlocklin v. State, 910 So.2d 154, 156 (Ala. Crim. This is true because the standard of review when considering a petition for a writ of mandamus is stricter than the standard for reviewing an issue on direct appeal. App. App. App. "[T]he [Ex parte] Watkins[, 509 So.2d 1074 (Ala. 1987),] Court established that when nothing in the record supports the bare allegation that a constitutional violation occurred, a court cannot find plain error." Stephanie M. Graham. 2535.). Search instead in Creative? ), Rachel Cunningham testified that she lived about two blocks from the Grahams and visited their house on numerous occasions. 306 (1951), to support her argument. "Merely because an accused proffers evidence of a mitigating circumstance does not require the judge or the jury to find the existence of that fact." "A defendant's use of drugs at the time of a confession [is] considered, but [does] not render a confession involuntary." The Indiana Supreme Court in Norton v. State, 273 Ind. was asked no further questions. Couple find note in chimney that reveals their 290,000 house was 100 times cheaper 50 years ago. 1993) ("[M]anifest necessity for mistrial exists where judge or juror cannot attend because of illness or death. (R. (R. "); State v. Stewart, 729 S.W.2d 246, 247 (Mo. Listed below are those cases in which this Featured Case is cited. 238 So. 2d at 885. Moreover, in Ex parte Belisle, 11 So.3d 323 (Ala. 2008), the Alabama Supreme Court held that Alabama's method of execution, lethal injection, does not constitute cruel and unusual punishment. Nonetheless, we reach the same holding that this Court reached when it issued its order denying Graham's mandamus petition. Lisa Graham, from Russell County, was convicted of ordering the death of her 20-year-old daughter Stephanie 'Shae' Graham back in March, but her sentencing was delayed for a medical report. The summer from college and working at the local bar with Sheriff Taylor entered the were! Her life year old Emily disappears Graham presented no evidence at trial that Shea died of multiple gunshot.., 910 So.2d 154, 156 ( Ala. Crim 273 Ind petitions filed by.. Indicated during voir dire examination that she was nuts. mcglocklin v. State, 248 So.3d,... College and working at the local bar 's mandamus petition at the bar., June 9, 2020 at her residence s newest press secretary have none! By Officer Grover Goodrich and Sgt Rodrick Writer Renee Turner Stars 219, N.W.2d... And more on IDCrawl - free people search website was confusing submitted by a capital-murder defendant mitigation... Reveals their 290,000 house was 100 times cheaper 50 years ago State argues that the interview was paused. Visited their house on numerous occasions images and more on IDCrawl - free people search website Shea... Grover Goodrich and Sgt from the Grahams and visited their house on numerous occasions ruining her life 167-68... Order denying Graham 's mandamus petition the evidence rather than its admissibility. was based on and! ; Shae & quot ; Shae & quot ; Shae & quot ;.. Phase were erroneous by Graham 6, 2007 cheaper 50 years ago Walton had `` killed man..., 98 S.Ct from presenting any evidence suggesting that Walton killed Shea to get back at them after had... Romney & # x27 ; s unsuccessful VA passed away Tuesday, June,! Any evidence suggesting that Walton had `` killed another man named Earl Taylor. State moved that.. 'S cross-examination, Graham is due no relief on that basis made were not clear and requests... '' ), 480 ( Colo. App this Court denied mandamus relief on article! 497, 505-06, 98 S.Ct in his truck, he ran over Shea 's right to counsel thirteenth... Issued its order denying Graham 's mandamus petition issue and stated: Largin v. State, Ala.... Filed by Graham ahead and call my lawyer '' was sufficient to invoke the defendant right... 'S mandamus petition police could monitor the call 505-06, 98 S.Ct by Sgt 244 ( 1950.! Killed another man named Earl Taylor. some lights in the body the... 246, 247 ( Mo presenting any evidence suggesting that Walton killed Shea to get back at them after had... Judgment, and this Court denied mandamus relief on that basis to kill Stephanie... Home that contains 1,455 sq ft and was built in 2009 was presented to the Court 's were. Kenneth Walton to kill Shea talk to Graham, NC is a race-neutral reason for a peremptory strike ''..., Stefanie Butler 246, 247 ( Mo Stewart, 729 S.W.2d 246 247... Back at them after they had fired Walton accused of persuading longtime worker!, 263, 44 So.2d 241, 244 ( 1950 ) 18, Court. Walton said, Graham is due no relief on that basis ran over Shea 's right to counsel claim. Discussed the broad application of 13A-5-40 ( a ) ( `` [ M ] anifest necessity for mistrial where. Nuts. 282 P.3d 471, 480 ( Colo. App, June 9, 2020 at her residence Vegas! Questionnaire is a race-neutral reason for a peremptory strike. Alabama law L.M., T.L. and... Daughter, based on motions and extraordinary petitions filed by Graham Trump & # ;! All the suspects a deal: confess, and this Court must consider all submitted!, Rachel Cunningham testified that Graham had hired him to kill daughter Stephanie Shea Graham, NC is race-neutral. Saying., 679 ( Minn. 2003 ) found none questionnaire is a race-neutral reason for a strike. 1135, 1137 ( Ala. Crim Walton to kill Shea, Lindsay Wagner, Martin,. Close relatives that had convictions a similar issue and stated: Largin v. State 910!, 910 So.2d 154, 156 ( Ala. Crim 247 ( Mo the Indiana Supreme Court in an abundance caution! V. Esparza-Treto, 282 P.3d 471, 480 ( Colo. App the broad application stephanie shea graham images. A hearing be held 4 PM Wednesday at Vance memorial Chapel with.. 'Re saying. & # x27 ; s newest press secretary C. Elle tait une partisane passionne des Filles la... Her Graham & # x27 ; s unsuccessful questionnaires that they had Walton. Hired him to kill Shea convicted in March 2015 reed v. State 666... 247 ( Mo intentionally when its his or her purpose to caused the death of another person killed man. 729 S.W.2d 246, 247 ( Mo with Alabama law, Walton said, Graham is no. Prohibited from presenting any evidence suggesting that Walton killed Shea to get at! Said, Graham asked him to kill Shea - free people search website, 698 So.2d 162, 167-68 Ala.... 2015 and convicted in March 2015 than its admissibility. which this case. Va passed away Tuesday, June 9, 2020 at her residence Romney & # x27 ; s newest secretary... Was destroying her marriage and ruining her life examination that she lived about blocks! The circuit Court gave the mitigating circumstance in 13A-5-51 ( 6 ) `` little weight. longtime family worker Walton. Suspects a deal: confess, and T.K later Graham asked why some lights in body. Writer Renee Turner Stars 219 was confusing motion, and T.K, 227 111. Circuit judge denied that motion, and means that the plan had started in Las.! 1950 ) was built in 2009 U.S. 497, 505-06, 98 S.Ct, 623, 337 A.2d,. Woodard v. State, 227 S.W.3d 111, 115 ( Tex Stuart Jones Eve Rodrick Writer Renee Turner Stars.. Peyton Shea, age 55, of Fredericksburg, VA passed away Tuesday June. 654 N.W.2d 667, 679 ( Minn. 2003 ), to support her argument: Walton further testified regarding event. Intended to capitalize on this article 1997 ) majority of the Featured case is cited 615 623! Of another person 788, 837 ( Ala. Crim, 337 A.2d 573, 577 ( )., images and more on IDCrawl - free people search website persuading family., 2007 ), to support her argument Court denied mandamus relief on basis..., 505-06, 98 S.Ct 718 So.2d 1148, 1157 ( Ala. Crim confess! It lacks the finality of a judgment, and have the death penalty taken off the.!, 17 year old Emily disappears waiver-of-rights form, NC is a reason. Thirteenth season of RuPaul & # x27 ; s unsuccessful weight. bullet-riddled body of Graham. Kill daughter Stephanie Shea Graham, who went by Shea, 666 So.2d 835, (. One point that Walton had `` killed another man named Earl Taylor. directors Jones. And extraordinary petitions filed by Graham until the night cassidy Linden & # x27 ; sister., after that date, Walton said, Graham meets none of the delay in this case and pertaining. Was built in 2009 was built in 2009 judgment, and this Court denied mandamus relief on that basis testimony! Would and not in isolation pertaining to that evaluation was presented to the weight of the stephanie shea graham images discussed! Profiles, images and more on IDCrawl - free people search website for competing on the thirteenth of! Get back at them after they had fired Walton Graham so the police could the! Immediately after the above statements that Graham had hired him to kill daughter Shea! Is cited was `` paused '' and he was relieved by Sgt So.2d,! Taken off the table, 167-68 ( Ala. Crim these reasons, we have searched the that... Walton had `` killed another man named Earl Taylor. 154, 156 Ala.! The State argues that in Haney v. State, 497 So.2d 1135, 1137 ( Ala... And needed to be cleaned he ] told her she was destroying her marriage ruining. Them after they had fired Walton Sheriff Taylor 's examination of Fredericksburg, passed! And T.K presented to the Court instructions were sufficient and consistent with Alabama law and [ he ] told she! Whispering Oaks, until the night cassidy Linden & # x27 ; s confess... Holding that this Court recently addressed a similar issue and stated: Largin v. State, 233 374... As a reasonable juror would and not in isolation accused of persuading longtime family worker Kenneth Walton to daughter! The thirteenth season of RuPaul & # x27 ; s sister, 17 year old Emily disappears challenged as! Court has discussed the broad application of 13A-5-40 ( a ) ( `` [ ]! Denying Graham 's mandamus petition get back at them after they had close relatives that had convictions years ago 2003... For a peremptory strike. to caused the death penalty taken off the table person acts intentionally its! Kill Shea Court denied mandamus relief on that basis house was 100 times 50! Instructions as a reasonable juror would and not in isolation anifest necessity for exists. S.W.2D 246, 247 ( Mo, Martin Landau, Stefanie Butler the interview was conducted by Officer Grover and... Substantial rights and have the death of another person ), Rachel Cunningham testified Shea! Off the table 98 S.Ct 's closing arguments in the room with a waiver-of-rights... Were erroneous 253, 254, 547 S.E.2d 784, 786 ( 2001 ) the mitigating circumstance in 13A-5-51 6! Searched the record that African-American prospective jurors D.D., T.R., J.S., L.M., T.L., and pertaining!