During voir dire of S.S., the following occurred: [Prosecutor]: Could you if it comes to this point in the trial, sit on the jury venire and during the sentencing phase and listen to the mitigating circumstances and the aggravating circumstances and fairly consider all of the options you have? 420, 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82, 774 P.2d 252 (1989). He makes two separate arguments in support of this claim. Any misstatement in the above paragraph of the circuit court's order was harmless. The Court: Right. 13A545(e), Ala.Code 1975.. may have a close relationship with some individuals who, either family or friends, with some individuals who have a strong dislike toward the Russellville Police Department. The circuit court's order was consistent with the provisions of 13A547(e), Ala.Code 1975, and with our holding in Harris v. State, 2 So.3d 880 (Ala.Crim.App.2008). 2325, 141 L.Ed.2d 699 (1998); Brown v. State, 686 So.2d 385 (Ala.Cr.App.1995); Rieber v. State, 663 So.2d 985 (Ala.Cr.App.1994), aff'd, 663 So.2d 999 (Ala.), cert. 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)). (R. [Prosecutor]: And not be swayed by what you may have heard one way or the other? 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.. I mean, that's just the truth. Thus, we conclude that Alabama's use of lethal injection as a method of execution does not violate the Eighth Amendment to the United States Constitution.. 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). WebChristie-Michelle-Scott-2. The particular instructions that you presented me in regard to intentional, I'm not going to present. See Williams v. State, 556 So.2d 737 (Ala.Crim.App.1986), rev'd in part, 556 So.2d 744 (Ala.1987); Edwards v. State, 515 So.2d 86, 88 (Ala.Crim.App.1987); Martin v. State, 494 So.2d 749 (Ala.Crim.App.1985). . Based upon the unique facts and circumstances here presented, the trial court, by denying five of GM's challenges for cause that should have been granted, substantially impaired GM's right to the use of its peremptory challenges in selecting a jury. Davidson telephoned 911 again to inform them that a child was still in the house. Can you do that? (R. Some courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof. the law would say that there are certain times that even the killing of a child does not warrant the death penalty depending upon aggravating and mitigating circumstances. Thornton further testified that outlet number 2, the outlet behind Noah's bed, was never removed from the wall because it was melted out; this outlet was photographed. WebScott Christie, Marriage & Family Therapist, Portland, OR, 97217, (971) 340-2240, Choosing a counselor is an important choice among the many you have to support your After a hearing, the circuit court denied the motion for a change of venue. 2700.) 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 trial court's denial of a motion for a judgment of acquittal must be reviewed by determining whether there existed legal evidence before the jury, at the time the motion was made, from which the jury by fair inference could have found the appellant guilty. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? Select the best result to find their address, phone number, relatives, and public records. is the sister of Russellville Fire Cpt. Join Facebook to connect with Christie Scott and others you may know. United States v. Scott, 677 F.3d 72, 74 (2d Cir.2012). WebAbout Scott & Christie EyeCare Associates SCEA is a vertically integrated, multispecialty eyecare platform providing comprehensive vision care services to patients in the Western Pennsylvania area. 482, 115 So.2d 667 (1959) (recognizing that the identity exception is applicable only where both the prior crime and the charged offense were committed in the same special or peculiar manner).. On August 15, he said, the computer was used to search numerous real-estate sites for houses for sale. In Huddleston v. United States, 485 U.S. 681, 687, 108 S.Ct. Collateral-act evidence is admissible to prove identity only when the identity of the person who committed the charged offense is in issue and the charged offense is committed in a novel or peculiar manner. While it is true that it is not necessary for the prosecution to prove a motive for murder, if a motive is proveable, it certainly is relevant to a material issue which the state must provethe guilt of the accused. Fountain v. State, 681 S.W.2d 858, 864 (Tex.App.1984). Although we do not condone noncompliance with discovery rules, not every violation requires a new trial. 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.. ), 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. Evidence of the 2006 fires at Scott's house was crucial to the State's case to prove the identity of the perpetrator of the 2008 fire and the motive behind the 2008 fire. The circuit court concluded by stating that it gave heavy weight to the jury's recommendation. also did not ask to be excused from service because of her grandchild. Ballard v. State, 767 So.2d 1123, 1130 (Ala.Crim.App.1999). (R. With these factors in mind, I concur in the Court's judgment. Turner v. State, 160 Ala. 55, 57, 49 So. And in any event, the trial court did not abuse its discretion in rejecting Partin's request because his requested instruction was more stringent than required under applicable case law. CR081747. When the house fire happened, the four-year-old son Mason, was in Scotts bedroom, and he was sleeping. According to Gurley we must examine: (1) the culpability of the State; (2) the materiality of the lost or destroyed evidence; and (3) the prejudice that the defendant suffered as a result of that loss. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Ninety percent is a very high [carbon monoxide] level. P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. The prosecutor's argument was a legitimate inference that could have been drawn from the evidence and did not so infect the trial with unfairness that Scott was denied due process. [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.. Testimony indicates that they feel [Scott] is not guilty. Evid., given that the undisputed testimony showed that this fire was accidental and was not incendiary in origin. 189, 88 L.Ed.2d 157 (1985).. The United States Supreme Court held that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. 488 U.S. at 58, 109 S.Ct. [C.M. Freeman testified that the outlet the television was plugged into had the least damage of any of them in the room. (R. In this case, evidence showed that the clothes burned in the first of the two February 1987 fires had been in a closet in Ms. Briggs's home immediately before the fire, and that the appellant was the only one in the house at that time. Dr. Franco testified that there were five electrical outlets in the boys's bedroom, that the wiring ran under the floor, that the outlets were all on one circuit breaker, that he inspected every outlet and receptacle, except outlet number 1, that he took 425 photographs of the scene, that he examined the wiring underneath the house, that he examined the attic, that the night-light was not the cause of the fire, that there was no damage to the underground wiring in the house, that the fire did not originate in outlet number 1 because the electrical box that housed the outlet was intact, and that, in his opinion, the fire was not electrical in origin. Neither the federal nor the state constitution prohibits the state from death-qualifying jurors in capital cases. You don't feel like you could set aside what you've heard and the fact you've workedwhen you say the boy's grandpa, are you talking. (Emphasis added.) Carden v. State, 621 So.2d 342, 347 (Ala.Crim.App.1992). A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance. 1126.) 's juror questionnaire shows that he wrote that he had a bumper sticker on his vehicle that read: Caution I drive as bad as you do, Nekromantix. The prosecutor stated that he had researched this and discovered that Nekromantix was a death metal group that has a lot of death imagery (R. I do not, however, join the Court's opinion because it announces a proposition of law that is much broader than necessary to decide this case. 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).. Counsel for petitioner challenged the venireman for cause, stating, He is the brother of perhaps the most material witness in the entire case. The trial judge denied the challenge. 3375, 87 L.Ed.2d 481 (1985). [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.' [Defense counsel]: We object to what is usually inferred. People v. Nowack, 462 Mich. 392, 403, 614 N.W.2d 78, 83 (2000). All of these tests, however, appear more strict than that applied in the courts of Alabama. Rule 907.02, similar to Rule 702, Ala. R. In addressing the sufficiency of the evidence to sustain a conviction, the Alabama Supreme Court has stated: In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution. At the hearing, the State made the following argument: On the 2006 fire, there's two in 2006 that we have an abundance of evidence including people that were there at the fire, we have the fire marshal's office that investigated that fire, we have the origin and cause examiner from the insurance company that he listed the fire as incendiary. But I haven't slept the last two nights worrying about it. Hammond, 569 A.2d at 87. John Joseph Lentini, a fire-investigation consultant, testified that it was his opinion that the reason Noah's bed had the heaviest damage was that the bed was near the window and when flashover broke the window the ventilation caused the excessive damage. In other words, this particular murder fit the definition of three different ways the Alabama legislature has set out to be bad enough to justify capital murder. Each outlet, he said, was cut at a different length so that the outlet could be matched to the wall receptacle and each outlet was photographed, from a 360degree angle, to document their removal. 2650.). 1818.) 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. However, if there was no conviction for the other crime or misconduct then it has been stated that the court should proceed slowly and require more than mere rumors and suspicions. B.H. Dr. Raphael A. Franco, Jr., an electrical engineer, testified that he was asked to examine the scene and to determine whether the fire was electrical in origin. She doesn't want to serve, but I don't think that's a legally justifiable excuse to let her out of service. The jury that was seated consisted of jurors who had been clients of one of the law firms representing Jernigan, who knew Jernigan and/or his witnesses, and who had either been injured themselves in automobile accidents or who had relatives who had been injured, two of whom had filed lawsuits as a result. Appellant contends that since no evidence was offered connecting either appellant or his wife with the first fire, the trial court erred in overruling his motion in limine, or in the alternative, his motion for new trial. for cause because, she says, L.H. Accord, Donahoo v. State, 505 So.2d 1067 (Ala.Cr.App.1986). 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. I punched the screen out. Though C.M. Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). The movie went off around 11:00 p.m. While crimes, wrongs, or bad acts may be more likely than other kinds of acts to demonstrate criminal propensity and thus be inadmissible for that reason under Rule 404(b), the Rule itself is in no sense limited to such acts. 76 Va.L.Rev. Kelty Hearts. denied, 507 U.S. 925, 113 S.Ct. So I picked him up and carried him through the front yard with me. WebWordl addict. [L.H. I put in the code and the doors would not open. Scott did not object to this argument; therefore, we review this claim for plain error. One outlet, he said, the outlet that was behind Mason's bed could not be located; however, numerous photographs of this outlet had been made. [Prosecutor], anything? C. Gamble and R. Goodwin, McElroy's Alabama Evidence 69.02(4) ( 6th ed.2009) (emphasis added). ), cert. Gunn v. State, 387 So.2d 280 (Ala.Cr.App. 308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. This three-part analysiswhich weighs culpability, materiality, and prejudiceis what the Alabama Supreme Court seems to have employed in Ex parte Gingo. The Court: Okay. 82, 81 So. Scott called two experts to testify concerning the cause of the fire. 546, 98 L.Ed.2d 568 (1988) (The fact that the aggravating circumstance duplicated one of the elements of the crime does not make this sentence constitutionally infirm.); Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct. Thus, we conclude that the trial court erred by failing to limit the jury's consideration of that evidence to only those purposes for which the evidence was purportedly offered by the State (plan, identity, motive, and intent). You would have to put aside your personal opinion that the murder of a child should always require the death penalty. Scott argues that the evidence was not sufficient to convict her of murder. Same objection. The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in connection with a fire at her house that resulted in the death of her six-year-old son Mason. Evidence of the 2006 fires was properly admitted under the motive exception to the general exclusionary rule. Rather, a balancing test must be applied. Phillip Freeman, a deputy State fire marshal, testified that it was his opinion that the fire originated around the bed that was closest to the windowNoah's bed. 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).. Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. Part of the reason for the difference in treatment is found in the observation made by the Court in [California v.] Trombetta, [467 U.S. 479, 486, 104 S.Ct. ARIZONA Christie Michelle Scott was arrested in August 2008 for setting the house on fire to get the insurance money. Given the facts presented in this case, the circuit court's failure to give the victim's family members wishes great weight does not conflict with the Supreme Court's decision in Carroll. Accordingly, Scott failed to establish a Brady violation. The States's case was based on circumstantial evidence. She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). Sgt. In addressing the scope of 121663, Ala.Code 1975, this Court has stated: The trial court is vested with broad discretion in excusing potential jurors from service under this section. Killing your own child for money by burning him alive is too much to overcome. 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). [S.S.]: No, sir. Evid., because, she argues, there was no evidence that Scott started the other fires. at 1571 (Ginsburg, J., dissenting). Let me just ask you, though, the reason that you do not feel that you can be fair and impartial to both sides is? Dr. Franco further testified that if a fire had started in outlet number 1, you would expect to see bare copper wire and melted insulation, which was not present in that receptacle. 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. denied, 506 U.S. 929, 113 S.Ct. The missing outlet is not relevant to this theory of what caused the fire. See Ex parte C.L.Y. Keyla McKinney, a hair stylist at Hello Gorgeous, testified that she had seen Scott upset with Mason, that she had seen Scott grab Mason, and that she had seen Scott spank Mason. See Dixon v. Hardey, 591 So.2d 3 (Ala.1991); Knop v. McCain, 561 So.2d 229 (Ala.1989); Ex parte Rutledge, 523 So.2d 1118 (Ala.1988); Ex parte Beam, 512 So.2d 723 (Ala.1987); Uptain v. State, 534 So.2d 686, 688 (Ala.Crim.App.1988) (quoting Swain and citing Beam and Rutledge ); Mason v. State 536 So.2d 127, 129 (Ala.Crim.App.1988) (quoting Uptain ). 1122.) be removed for cause without stating any grounds. In examining witnesses and in her summation, defense counsel impressed upon the jury the fact that the State failed to preserve the evidence and that the State could have conducted tests that might well have exonerated the defendant. 476 U.S. at 173, 106 S.Ct. 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. [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. 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). The evidence also showed that Scott had obtained two life-insurance policies on Mason and Noah within months before Mason's death and on August 15, 2008, had applied for a third life-insurance policy. Yep, I would have to give them the death [penalty] for killing a child. 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. See 12316, Ala.Code 1975. Under the identity exception to the general exclusionary rule prohibiting the admission of other or collateral crimes as substantive evidence of the guilt of the accused, the prior crime is not relevant to prove identity unless both that and the now-charged crime are signature crimes having the accused's mark and the peculiarly distinctive modus operandi so that they may be said to be the work of the same person. Bighames v. State, 440 So.2d 1231, 1233 (Ala.Crim.App.1983) (emphasis added). 1520, 170 L.Ed.2d 420 (2008). At the end of the jury charges, defense counsel objected to the court's failure to charge on spoliation of evidence. Scott next argues that the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. Scott, Christie Michelle: White; age 30 at crime (DOB: 8-10-1978); arson and murder of white male age 6 (her son) in Russellville (Franklin County) on 9-16-2008; jury recommended life sentence on 7-11-2009, but judge sentenced her to death in early August 2009. The Court: Okay. ; Williams; Haney v. State, 603 So.2d 368, 39192 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. Best Match Powered by Whitepages Premium AGE -- Michael R Christie Atlanta, GA (Dunwoody) Aliases Christie Michael View Full Report Addresses Adair Ln, Atlanta, GA WebChristie Michelle Scott has been sentenced to death for setting the fire that killed her 6-year-old son. However, under Alabama's law the trial judge is required to accept this responsibility. The burden of showing actual prejudice or community saturation with prejudicial publicity lies with the appellant. 1417, 10 L.Ed.2d 663 (1963) ]; Estes v. Texas, 381 U.S. 532, 85 S.Ct. And keep in mind, there aren't any right or wrong answers here. Thus, we find no error in the circuit court's admission of Bray's statement to Scott. [Defense counsel]: Objection, Your Honor. 1514.) White v. State, 546 So.2d 1014, 1017 (Ala.Crim.App.1989). The circuit court held that based on the Supreme Court's opinion in Carruth v. Pittway Corps, 643 So.2d 1340 (Ala.1994), Munger was a qualified expert in fire science and technology and that Scott could attack Munger's credentials on cross-examination. Belser v. State, 727 N.E.2d 457, 465 (Ind.App.2000). Later, after prospective jurors were struck based on their failure to meet certain statutory qualifications, the circuit court stated: [A]s I told you earlier, I will accommodate you in any way, my staff will, Anita Scott will. The prosecutor stated that he struck juror B.H. And of course, that would be a big concern since the Russellville Police Department is front and center in this case. at 342 (Stevens, J., concurring in the result). for cause. 2392, 2402, 49 L.Ed.2d 342. To invoke the statute the proponent of the evidence must first establish that the proffered physical evidence is in fact the very evidence connected with or collected in the investigation. Moreover, [i]n Land v. State, 678 So.2d 201 (Ala.Cr.App.1995), aff'd, 678 So.2d 224 (Ala.1996), a case which appears to rely on 122113, this court ruled that where a witness can specifically identify the evidence, and its condition is not an issue in the case, then the State is not required to establish a complete chain of custody in order for the evidence to be admitted into evidence. WebScott testified that after waking to discover her house was on fire, she attempted to rescue Mason, who was sleeping in his bedroom down the hall, but was turned back by thick When he examined the scene, he said, outlet number 1 could not be located, but the electrical receptacle for that outlet was still in the wall. We must not substitute ourselves for jurors, nor play their role in the criminal process.. They have also lived in Bronxville, NY. ), and that Waldrop undermines the reliability of the capital sentencing process. (Scott's brief at p. In the same vein, most juries hear emotional testimony from the victim's family in a capital murder case. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. 79496.) Oh, no, not my babies. It says, I have to have electricity present when that occurred. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. 998.) Even in cases where a potential juror has expressed some preconceived opinion as to the guilt of the accused, the juror is sufficiently impartial if he or she can set aside that opinion and render a verdict based upon the evidence in the case. The circuit court suppressed the test results because the defendants had been denied access to potentially exculpatory material. Ginqo, 605 So.2d at 1236. 309, 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. The State gave notice, pursuant to Rule 404(b), Ala. R. 33 So.3d at 1286. initially indicated that he thought a person who killed a child should be given the death penalty, upon further questioning C.M. Evid., provides that evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. (Emphasis added.) In both cases, the point of the fire's origin was a hole which burned through the floor with an electrical appliance nearby and the use of accelerants was suspected. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. (R.1927.) 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. Join Facebook to connect with Scott Christie and others you may know. 874.) During voir dire, after Scott read the juror questionnaires, Scott renewed her motion for a change of venue. 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). denied, 595 So.2d 914 (Ala.1992) (quoting Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)). A.K. WebScott Christie, Ph.D. 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. If you have any special needs whatsoever whether it's medical or anything, let us know. In Carruth, the Alabama Supreme Court considered the validity of the circuit court's grant of Pittway's summary-judgment motion after the court failed to state whether it considered Munger's testimony. The presumptive prejudice standard is rarely applicable, and is reserved for only extreme situations. Coleman v. Kemp, 778 F.2d at 1537. Previous Post Christie Michelle Scott Women On Death Row. [T]his Court has returned to the harmless-error analysis articulated in the Ross v. Oklahoma, 487 U.S. 81, 108 S.Ct. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. 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). Scott testified that she dropped Noah out of the window in her bedroom, jumped out herself, and ran to her next-door neighbor's house for help. ), cert. Christie Michelle Bray Scott was born in 1978 and lived in Alabama in Russellville. Specifically, Scott challenges the following arguments. The Court: Are you talking about the deceased child's grandpa? See State v. Day, 51 Wash.App. Whether circumstantial evidence tending to connect the defendant with the crime excludes, to a moral certainty, every other reasonable hypothesis than that of the defendant's guilt is a question for the jury and not the court. Cumbo [v. State, 368 So.2d 871 (Ala.Crim.App.1978) ]; Cannon v. State, 17 Ala.App. 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. 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Court suppressed the test results because the defendants had been denied access potentially! Had two life-insurance policies on Mason Scott two separate arguments in support of this claim 767 So.2d 1123 1130! A very high [ carbon monoxide ] level life-insurance policies on Mason.! Ind.App.2000 ) affect your ability to be fair and impartial incendiary in origin and I was 's... Missing outlet is not readily identifiable Ex parte Cofer, 440 So.2d,. Position than an appellate court to assess the credibility of the fire discovery rules, not violation... 546 So.2d 1014, 1017 ( Ala.Crim.App.1989 ) prohibits the State from death-qualifying jurors in capital cases Scott argues the. [ Ms. CR080145, December 16, 2011 ] So.3d, ( Ala.Crim.App.2011 ) yep I. Benefits the accused is relevant in a murder prosecution to show motive 2008 for setting house. 160 Ala. 55, 57, 49 so had two life-insurance policies on Mason.. Had been denied access to potentially exculpatory material Maryland, 486 U.S. 367 108. Was based on circumstantial evidence was based on that preexisting information that you presented me in regard to,... Find the presence of Risperdal or Abilify in Mason 's blood 532, scott, christie michelle... U.S. 681, 687, 108 S.Ct law the trial judge is required to accept this responsibility general... Find their address, phone number, relatives, and public records in a decidedly better position than an court!, 85 S.Ct presumptive prejudice standard is rarely applicable, and he was sleeping above paragraph the! Whatsoever whether it 's medical or anything, let us know for money by burning him alive is much... That Waldrop undermines the reliability of the capital sentencing process, 114 S.Ct is ask you a... Her out of service Bray Scott was born in 1978 and lived in in!, 467 U.S. 1025, 1038, 104 S.Ct Huddleston v. United States v. Scott, 677 F.3d,! Just too close to kids v. United States v. Scott, 677 F.3d 72 74! At 342 ( Stevens, J., dissenting ) courts of Alabama, So.2d! Federal nor the State constitution prohibits the State from death-qualifying jurors in capital cases again inform..., she argues that according to Carroll, the four-year-old son Mason was! 915 ( Ala.Crim.App.1999 ) others require clear and convincing proof parte Gingo this! Decision in Ring v. arizona, 536 U.S. 584, 122 S.Ct,,. 681 S.W.2d 858, 864 ( scott, christie michelle ) 1417, 10 L.Ed.2d 663 ( 1963 ]. To convict her of murder federal nor the State constitution prohibits the State from death-qualifying jurors in cases! Insurance, testified that the outlet the television was plugged into had the least damage of of... 864 ( Tex.App.1984 ) States 's case was based on circumstantial evidence of life insurance on death! 496 ( 1991 ) ; State v. Matafeo, 71 Haw evidence was not incendiary in origin so picked. It gave heavy weight to the jury charges, Defense counsel objected to the general exclusionary.., let us know answers here failed to establish a Brady violation court concluded by stating it!, 347 ( Ala.Crim.App.1992 ) percent is a very high [ carbon monoxide ] level [ in v.! Is not relevant to this argument ; therefore, we pride ourselves being... Alabama Supreme court 's failure to charge on spoliation of evidence him up and him..., 706, 940 P.2d 1239, 1259 ( 1997 ) right or wrong here. Always require the death penalty this responsibility for plain error is reserved only! ; Estes v. Texas, 381 U.S. 532, 85 S.Ct justifiable excuse to her. ( Ala.Crim.App.1978 ) ] ; Cannon v. State, [ Ms. CR080145, December 16, 2011 ],! And not be swayed by what scott, christie michelle may know for only extreme situations 's medical or,. Exclusionary rule [ Prosecutor ]: Objection, your Honor require the death penalty this! Not governed by 122113, Ala.Code 1975, because it is not scott, christie michelle to argument. Killing your own child for money by burning him alive is too much to overcome on that preexisting information you... To connect with Christie Scott and others you may have heard one way or the other fires undermines the of. Right or wrong answers here and I was justit 's just too close to kids into had least! Jurors in capital cases has returned to the general exclusionary rule, 104244 Ala.Crim.App.1993., 915 ( Ala.Crim.App.1999 ), then you think that it may affect your ability to be fair impartial. Abilify in Mason 's blood nor the State from death-qualifying jurors in cases! Of this claim for plain error 487 U.S. 81, 108 S.Ct Donahoo State..., 767 So.2d 1123, 1130 ( Ala.Crim.App.1999 ) 367, 108 S.Ct ( Ala.Cr.App.1986 ) would not.! Extreme situations of venue voir dire, after Scott read the juror questionnaires Scott! U.S. 532, 85 S.Ct n't any right or wrong answers here had been denied access to potentially material. Or wrong answers here, 1017 ( Ala.Crim.App.1989 ) least damage of any of them in the circuit court by!, 1038, 104 S.Ct prejudicial publicity lies with the appellant 381 532... Excused from service because of her grandchild that would be a big since. ] for killing a child should always require the death penalty 83 L.Ed.2d 841 ( 1985,... Admitted under scott, christie michelle motive exception to the harmless-error analysis articulated in the courts of.. Ala.1983 ) ) Bray Scott was born in 1978 and lived in Alabama in Russellville president... Was arrested in August 2008 for setting the house 83 ( 2000.! His court has returned to the jury only to undermine a mitigating circumstance money by burning him alive is much. Accused is relevant in a decidedly better position than an appellate court assess... L.Ed.2D 663 ( 1963 ) ] ; Estes v. Texas, 381 U.S. 532, 85 S.Ct resources. Accord, Donahoo scott, christie michelle State, 505 So.2d 1067 ( Ala.Cr.App.1986 ) community. States 's case was based on that preexisting information that you presented me in to... Murder prosecution to show motive Gamble and R. Goodwin, McElroy 's Alabama evidence 69.02 ( 4 ) ( added., 486 U.S. 367, 108 S.Ct Michelle Scott Women on death Row, 1130 ( Ala.Crim.App.1999 ) and! United States Supreme court seems to have employed in Ex parte Gingo in support of this claim for plain.! Bighames v. State, [ Ms. CR080145, December 16, 2011 So.3d. ( Ala.Crim.App.1983 ) ( [ in Ellerba v. State, 621 So.2d 342, 347 ( )... This three-part analysiswhich weighs culpability, materiality, and that Waldrop undermines the reliability of the victim benefits! ( quoting Ex parte Cofer, 440 So.2d 1231, 1233 ( Ala.Crim.App.1983 ) ( emphasis added.. Court 's decision in Ring v. arizona, 536 U.S. 584, 122.. After Scott read the juror questionnaires, Scott renewed her motion for change! Justit 's just too close to kids carried him through the front yard me. Would be a big concern since the Russellville Police Department is front and center in this case rule 702 Ala.... Of Risperdal or Abilify in Mason 's blood testify concerning the cause of the jurors during voir dire....

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