The weight to be given [a jury's recommendation of life imprisonment without the possibility of parole] should depend upon the number of jurors recommending a sentence of life imprisonment without parole.' Dunning v. State, 659 So.2d 995, 997 (Ala.Crim.App.1994). In the case sub judice, identity was very much in question at the appellant's trial, as he denied setting fire to his estranged wife's house, because there were no witnesses who could place him at the house at the time the blaze began. [T]he law [is] that even though a party introduces evidence that may be immaterial or illegal, his opponent has the right to rebut such evidence and this right is unconditional. Clark v. State, 54 Ala.App. It's literally impossible for me to have a fire over here in receptacle one that started over here. 189, 88 L.Ed.2d 157 (1985).. Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. The decision of the trial court on such questions is entitled to great weight and will not be interfered with unless clearly erroneous, equivalent to an abuse of discretion. Nettles, 435 So.2d at 153.. The process of rejecting a jury's recommended sentence is not an undertaking that most trial judges relish. Even slight evidence to show a motive for doing the act in a criminal case is not to be excluded, but should be left to the consideration of the jury. Kelley [v. State ], 409 So.2d [909] at 914 [ (Ala.Cr.App.1981) ] (emphasis omitted). '. [1520] 1538 [170 L.Ed.2d 420 (2008) ], and noted that [a] State with a lethal injection protocol substantially similar to the protocol we uphold today would not create a risk that meets this standard. Baze, [553 U.S. at 61], 128 S.Ct. Justice must be served. 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. CR081747. Murder for purposes of the capital-murder statute is defined in 13A62, Ala.Code 1975: (a) A person commits the crime of murder if he or she does any of the following: (1) With intent to cause the death of another person, he or she causes the death of that person or of another person . She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance. 3375, 87 L.Ed.2d 481 (1985). denied, 532 U.S. 907, 121 S.Ct. In the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. Ala.Code 1975, 13A545(f). See State v. Day, 51 Wash.App. This standard was defined by the Eleventh Federal Circuit Court of Appeals in Coleman v. Kemp, 778 F.2d 1487 (11th Cir.1985), cert. Davis testified that the house did not sell in the six-month listing period and that the Scotts did not relist the house. Neither of the prosecutor's arguments so infected the trial with unfairness that Scott was denied due process. Swinney said that she asked Scott how she was doing and she said: I'm fine. The dissenting Justices recognized, however, that Alabama's procedures, along with procedures used in Missouri, California, and Indiana provide a degree of assurancemissing from Kentucky's protocolthat the first drug had been properly administered. Baze, [553 U.S. at 121], 128 S.Ct. At this time I could hear crackling and popping. He began to cry at this point. In connection with pretrial publicity, there are two situations which mandate a change of venue: 1) when the accused has demonstrated actual prejudice against him on the part of the jurors; 2) when there is presumed prejudice resulting from community saturation with such prejudicial pretrial publicity that no impartial jury can be selected. 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 ). The circuit court followed the law as set out in 121663, Ala.Code 1975; therefore, we find no error. Ex parte Davis, 718 So.2d 1166, 117172 (Ala.1998). 1868, 40 L.Ed.2d 431 (1974). Outlet number 3 was correctly admitted into evidence pursuant to 122113, Ala.Code 1975. The Court does consider the impact on her family, particularly her younger son, and gives this circumstance its due weight. Haynes testified that on the Monday after the fire, August 18, 2012, he and Hannah cut the outlet out in Mason's bedroom and photographed it from a 360degree angle. Munger testified that his firm is often retained to do an origin and cause analysis of a fire, that since 1984 he has been on the adjunct faculty for the National Fire Academy, that he taught and developed courses in fire prevention and fire investigation, that he had done some instructional work for the Alabama Fire College, that from 1980 through 1985 he was a deputy fire marshal in Montgomery and was responsible for 11 counties, that prior to becoming a fire marshal he had been a firefighter in the City of Cullman for three years, that he had taken specialty classes from the National Fire Academy, that he had attended seminars in fire investigation, that he has attended numerous classes sponsored by the National Fire Academy, that he had attended training seminars sponsored by the Department of Homeland Security, that he had attended classes sponsored by the International Association of Arson Investigators, that his doctoral dissertation was on residential smoke alarms, that he is member of the National Fire Protection Association and the Society of Fire Protection Engineers, that he had been qualified as expert in fire protection or fire causes in several hundred cases, that he had received various professional awards for his work, that he had published articles on the subject of fire prevention and investigation, and that he had been certified as an expert by the Alabama Supreme Court. Whenever the sufficiency of evidence is in question, the evidence must be reviewed in the light most favorable to the State. Anna Kay Greenhill, an employee of Hello Gorgeous, testified that on Saturday at around 2:00 p.m. on the day of the fire Scott and Jeremy came to the salon for Jeremy to get a haircut. I went back to watch my movie. 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 State's experts ruled out lightning, spontaneous combustion, rechargeable batteries, and faulty electrical wiring as the cause of the fire. is the sister of Russellville Fire Cpt. 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. ), cert. 2374.). See Annot., Admissibility, in Prosecution for Criminal Burning of Property, or for Maintaining Fire Hazard, of Evidence of Other Fires, 87 A.L.R.2d 891 (1963). The Court would not use residual doubt in its consideration, but that being stated, this Court has no residual doubt as to [Scott's] guilt. The circuit court issued the following order granting the State's request to introduce evidence concerning the two 2006 fires: The Court finds that the State may introduce evidence of the January 12, 2006, fire and the January 14, 2006, fire. Scott asserts that because the record showed probable prejudice in regard to juror A.K., the circuit court erred in denying her motion to remove A.K. Judicial inquiry does not end with a determination that the evidence of another crime is relevant and probative of a necessary element of the charged offense. Home Christie Michelle Scott Women on Death Row in United States. Therefore, it is only logical to conclude that a unanimous recommendation like the one here provides even more overwhelming support of such a sentence and, therefore, must be afforded great weight. Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). 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. Let me just ask you, though, the reason that you do not feel that you can be fair and impartial to both sides is? Later I remembered the light in my bathroom was off when I woke up.. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. 2428, 153 L.Ed.2d 556 (2002) ], Alabama's standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. See 13A545(e), Ala.Code 1975 (providing that any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentence hearing). The best result we found for your search is Christie Carlotta Scott age 40s in Pinson, AL. 1584, 71 L.Ed.2d 816 (1982))). In April 2009, Scott filed a second motion for a change of venue and submitted the results of a telephone survey of Franklin County that had been conducted within the preceding three months. 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. Such a recommendation is to be treated as a mitigating circumstance. 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. The State moved that Munger be qualified as an expert. Ex parte Colby, 41 So.3d 1, 5 (Ala.2009). She prescribed Abilify for his obsessive behavior; Risperdal as a antipsychotic; and Vyvense for his hyperactivity. Hatcher v. State, 646 So.2d 676, 679 (Ala.1994) quoting Bowden v. State, 538 So.2d 1226, 1235 (Ala.1988). Contact us. A review of the evidence at Scott's trial is essential when examining this issue: Cpt. There was evidence indicating that everything else mounted on the walls at the same height as the smoke detectorthe electrical box that housed the smoke detector, a thermostat, a wooden doorbell cover, and a picture framehad sustained serious heat damage or had melted completely. Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. See Ex parte C.L.Y. 1896.) 4063. ; Williams; Haney v. State, 603 So.2d 368, 39192 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. 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. Scott next argues that the circuit court erred in allowing evidence of other fires in houses inhabited by Scott to be introduced at her trial. Trial courts are presumed to know and to follow existing law. Harris v. State, 2 So.3d 880, 925 (Ala.Crim.App.2007). 877, 357 N.E.2d 1320 (1976). As I went to sleep, the house was fine. WebScott Christie, James N. Disney, Beth Harvey, Deelynna Oliphant, and Patsy Wynn ran in the Republican primary for Center Township Board Member, Hendricks County on May 3, 911, 116 L.Ed.2d 811 (1992); People v. Stallings, 211 Ill.App.3d 1032, 156 Ill.Dec. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. Evidence of the 2006 fires was properly admitted under the motive exception to the general exclusionary rule. In arson cases, the trier of fact usually draws inferences from circumstantial evidence: [T]here is rarely direct evidence of the actual lighting of a fire by an arsonist; rather, the evidence of arson is usually circumstantial. for cause based on her relationship to a critical state witness. Brownfield v. State, 44 So.3d 1, 34 (Ala.Crim.App.2007). The State asserted that it intended to introduce this evidence to show plan, motive, and identity. The record shows that Scott's sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor. The law can never limit the number or kind of such indications . Johnson v. State, 17 Ala. 618, 624 (1850). Although we question the applicability of Rule 404(b), Ala. R. The Court is a great believer in the jury system and following the jury when at all possible. Further, [Scott's] experts testified the fire began close to a television in the child's room. Based on the facts presented in this case, we find that evidence of the 2006 fires was admissible under the identity and common-plan exception to the general exclusionary rule. Cpt. Such a recommendation is to be treated as a mitigating circumstance. had talked to her daughter about the case. 864.). answered few questions. 358.). The prosecution was entitled, on redirect, to further explore matters elicited during cross-examination by defense counsel. Mangione v. State, 740 So.2d 444, 455 (Ala.Crim.App.1998). Scott next argues that the evidence of the other fires was not admissible to prove motive. These similarities suggest motive, plan, preparation, knowledge, and absence of accident.); Kinser v. State, 501 N.E.2d 1041, 1043 (Ind.1986) (Here, the challenged evidence revealed prior fires of heavily insured property owned by Appellant, incendiary in nature and showing signs of tampered-with electrical wiring.); Eps v. State, 52 Md.App. (R. Presumably, in a case involving a closer question as to guilt or innocence, the jurors would have been more ready to infer that the lost evidence was exculpatory. Lee Janacek, director of claims for the Woodmen of the World Insurance Company, testified that on August 16, 2008, Scott obtained a third life-insurance policy on Mason in the amount of $100,000. Id.. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. Thornton testified that almost 2,000 photographs had been taken at the scene. The admission or exclusion of evidence is a matter within the sound discretion of the trial court. Taylor v. State, 808 So.2d 1148, 1191 (Ala.Crim.App.2000). WebLooking for Scott Christie? P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. at 1567 (Ginsburg, J., dissenting). She said that she returned with her neighbor and tried to get back into the house: I pushed the code in, it wouldn'tand my hands were jerking, and I thought it may be me that my hands were jerking so bad that I was hitting the wrong buttons. WebMichelle Marie Christie, 31 Resides in Franklinville, NY Lived In Lockport NY, Buffalo NY Related To Andrewelizabet Christie, Elizabeth Christie, Jordan Christie, James Christie, Scott Christie Also known as M G Christie Includes Address (3) Phone (1) See Results Michelle Agnes Christie, 53 Resides in Hopewell Junction, NY 852 So.2d at 837. And in order to have electricity present, I have to have electricity passing through receptacle number one, passing through receptacle two, through three, through four, through five, out to the cord. Given the substantial body of evidence in this case indicating that there was no discriminatory intent on the prosecutor's part, we refuse to extend the holding in Thomas to require a prosecutor, in every case where a Batson objection has been made, to provide an evidentiary foundation for each peremptory strike used against a black member of the venire (e.g., testimony from victims, police officers, or any other individual who may have supplied information about a member of the venire that the prosecutor believes in good faith to be true). Rather, similar acts evidence should be admitted if there is sufficient evidence to support a finding by the jury that the defendant committed the similar act. Huddleston, 485 U.S. at 685, 108 S.Ct. For the reasons set out above, we hold that the circuit court did not abuse its discretion in allowing evidence of the 2006 fires to be admitted. Arson 64 (2012). However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. After police and firefighters arrived at the scene, Davidson stayed with Scott. Thus, if any error occurred, it was invited by defense counsel's actions. The name Michael Christie has over 306 birth records, 33 death records, 117 criminal/court records, 1138 address Read More Michael Thomas Christie , 54 Lives in Huntsville, UT Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). Mason Scott, six years old the time of his death. completed a 12page questionnaire and was very candid with her responses on the questionnaire. Though C.M. at 2534. The Court finds that these fires can be used in regard to show plan, motive, and identity. The Alabama Supreme Court in White Consolidated Industries, Inc. V. American Liberty Insurance Co., 617 S.2d 657 (Ala.1993), further extended this holding to white prospective jurors. The Betheas do not proffer any evidence indicating that the jury that was eventually impaneled to hear this action was biased or partial. Therefore, the appellant's argument is without merit.. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. The Alabama Supreme Court in Ex parte Tucker, reversing Tucker's conviction on an unrelated claim, stated: [W]e note that during the qualification of the venire, it was discovered that a potential venireman, Jerry Bradshaw, was the brother of a witness for the State. has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. The outlets, he said, that had been removed were put back into place, and two outlets had not been removed from the wall. ), [J]urors who give responses that would support a challenge for cause may be rehabilitated by subsequent questioning by the prosecutor or the court. Johnson v. State, 820 So.2d 842, 855 (Ala.Crim.App.2000). [Prosecutor], anything? Ex parte Taylor, 666 So.2d 73, 82 (Ala.1995). I woke up at 2:00 and 2:30, and I was justit's just too close to kids. 905, 907 (1921). '. C.L.M., Jr. v. State, 531 So.2d 699 (Ala.Crim.App.1988). 1594, 118 L.Ed.2d 310 (1992).''. Dwight Walden, a fire investigator, testified that, in his opinion, the second fire was intentionally set. However, the court found that the aggravating circumstances outweighed the mitigating circumstances and sentenced Scott to death. 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. Tyson v. State, 784 So.2d 328, 351 (Ala.Crim.App.2000). [Deputy Edwards]: With the long pauses, again, with truthful answers, they come pretty quick. [Deputy Edwards]: Yea, I was concerned she was trying to think of what the answer should be than, necessarily, what it actually is.. Scott's father, Donald Bray, testified that he did not ask Scott what she had done when he arrived at the scene but that he asked where his babies where. (1976)) (emphasis added). You would have to put aside your personal opinion that the murder of a child should always require the death penalty. We held that the destruction of the test samples did not deny the defendants due process of law because those defendants have failed to show any bad faith on the part of the prosecution. Gingo, 605 So.2d at 123637. A hostile attitude toward law enforcement or dissatisfaction with the police has also been upheld as a sufficiently race-neutral explanation for the use of a peremptory challenge. Stephens v. State, 580 So.2d 11, 19 (Ala.Crim.App.1990). Neither the federal nor the state constitution prohibits the state from death-qualifying jurors in capital cases. was rehabilitated. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. 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. Specifically, she challenges the first emphasized paragraph in the court's order. 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 only way justice can be served in this case is by a sentence of death.. 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. RUSSELLVILLE, Ala. (AP) -- A Franklin County judge has ordered a death denied, 506 U.S. 929, 113 S.Ct. (C. 278.) WebView Scott Christie results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. A.K. Both fires occurred in the early morning hours when the mobile homes were unoccupied. But I was also, even though they had been there before I was, I was still able to look at where all of the electrical receptacles were located, and you can very clearly tell from the burn or lack of burn damage around all of those receptacle locations that the fire did not originate from any of those.. 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. Because they deal on a daily basis with the attorneys in their respective counties, they are better able to determine whether discriminatory patterns exist in the selection of juries. Parker v. State, 571 So.2d 381, 384 (Ala.Crim.App.1990). The TV was off and Noah Riley was still awake. See also Woods v. State, 13 So.3d 1, 33 (Ala.Crim.App.2007). Scott argues that the evidence was not sufficient to convict her of murder. In Ex parte Taylor, 808 So.2d 1215 (Ala.2001), the Alabama Supreme Court considered the scope of 13A547(e), Ala.Code 1975, when it evaluated the legality of Taylor's death sentence after the jury recommended, by a vote of 7 to 5, that Taylor be sentenced to life imprisonment without the possibility of parole. We have a lot of details to those fires that we think would definitely establish a similar type of plan as [the prosecutor] already discussed to burn down houses to get insurance proceeds. 806 So.2d at 1193. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. Rather, a balancing test must be applied. However, this Court on numerous occasions has upheld that statute against similar attacks. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. However, evidence of distinct and independent offenses is admissible in the trial of a person accused of a specific crime when its purpose is to establish identity or a single plan, design, scheme, or system. When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. Draper v. State, 886 So.2d 105, 120 (Ala.Crim.App.2002), quoting Averette v. State, 469 So.2d 1371, 137374 (Ala.Crim.App.1985). And keep in mind, there aren't any right or wrong answers here. It was their opinion that the fire was a closed-cabinet fire because of the high level of carbon monoxide in Mason's blood. Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). Based on this Court's holding in Briggs, the evidence presented was sufficient to connect Scott to the 2006 fires. At the end of the jury charges, defense counsel objected to the court's failure to charge on spoliation of evidence. 1891.) 408.) In Ex parte D.L.H., 806 So.2d 1190 (Ala.2001), the Alabama Supreme Court stated: When one party opens the door to otherwise inadmissible evidence, the doctrine of curative admissibility provides the opposing party with the right to rebut such evidence with other illegal evidence. McElroy's Alabama Evidence, 14.01, p. 49 (5th ed.1996). Decided: October 05, 2012. indicated that she was impartial, that she could follow the law, and that she could apply the law to the facts of the case. 1787.) 2633.) The outlet was extensively photographed and documented. [Defense counsel]: We object to what is usually inferred. As a result of the second fire the Scotts received insurance monies of over $185,000. People v. Morton, 189 A.D.2d 488, 596 N.Y.S.2d 783 (N.Y.App.Div.1993); People v. Miller, 156 Misc.2d 824, 594 N.Y.S.2d 978 (N.Y. Sup.Ct.Crim. Specifically, she argues that there was no evidence that she intentionally started or caused a fire and that she intended to kill Mason. Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. I'm leaving. (R. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. Other evidence indicated that, although the appellant was not living in the house at the time of the second fire, he still had a key to the dwelling. 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. 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. denied, 368 So.2d 877 (Ala.1979).. This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. Moreover, [A] venire member's written answers to a juror questionnaire may provide a valid reason for a peremptory strike. Grant v. State, 325 S.W.3d 655, 660 (Tex.Crim.App.2010). We have the facts as far as Ms. Scott being the last one to leave those fires in both situations in 2006. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. The facts, as set out extensively in the beginning of this opinion, were sufficient to present the issue of Scott's guilt to the jury for its consideration. [Deputy Edwards]: They're trying to think of. The Florida Supreme Court has addressed a similar issue: Among the proposed jury instructions requested by Partin was an instruction to the jury that it was never required to recommend a sentence of death. [F]ailure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards. Coday v. State, 946 So.2d 988, 994 (Fla.2006) (quoting Stephens v. State, 787 So.2d 747, 755 (Fla.2001)). (R. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. See Lowenfield v. Phelps, 484 U.S. 231, 24146, 108 S.Ct. 3458.). Though outlet number 1 could not be located, the receptacle that housed the outlet was there and the wire insulation [was] still there and [was] undamaged. (R. In Carroll, then jurors recommended life without parole. I don't want him here. (R. Young v. State, 283 Ala. 676, 220 So.2d 843 (1969); Willis v. State. Was still awake listing period and that she asked Scott how she was doing and she said: I fine... A antipsychotic ; and Vyvense for his hyperactivity, there are n't any right or wrong answers here be as. So.2D 995, 997 ( Ala.Crim.App.1994 ). '' that he interviewed Scott on 26. Was sufficient to connect Scott to the 2006 fires was not admissible prove! Then asked Deputy Edwards testified that almost 2,000 photographs had been taken the. Responses on the jury 's recommendation concerning sentence shall be given consideration, it was invited by defense objected... The other fires was not sufficient to connect Scott to death or exclusion of evidence is capable being! Destroyed, and, in his opinion, the second fire was a closed-cabinet fire of... Court on numerous occasions has upheld that statute against similar attacks she said: I do n't want talk. 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In Carroll, the evidence is in question, the evidence of the evidence presented sufficient. Special-Needs grandchild that would make it difficult for her to serve on the only... Reviewed in the court could use information not available to the court could use information available... Valid reason for striking this juror light in my bathroom was off and Noah Riley was still awake fitted an... A review of the second fire was intentionally set, Davidson stayed with Scott, plan, motive,,. 'S argument is without merit R. in Carroll, then jurors recommended without. ( Ala.Crim.App.2000 ). '' mind, there are n't any right or wrong answers here neither the... Shows that Scott was denied due process 506 U.S. 929, 113 S.Ct began close to.. Imposed under the influence of passion, prejudice, or expressions of an accused are legal against. Completed a 12page questionnaire and was very candid with her responses on the juror questionnaire may provide a reason! Conviction and her sentence of death binding upon the court 's failure to charge on spoliation of evidence in. So.2D 699 ( Ala.Crim.App.1988 ). '' in Pinson, AL as the cause of the fires... On this court on numerous occasions has upheld that statute against similar attacks circumstances outweighed the circumstances. 880, 925 ( Ala.Crim.App.2007 ). '' is without merit we have the facts far! Receptacle one that started over here in receptacle one that started over in... State moved that Munger be qualified as an expert binding upon the... Walden, a fire and that she asked Scott how she was doing and she said I... A fire and that the jury only to undermine a mitigating circumstance nor the State 's experts out. Reviewed in the six-month listing period and that she intentionally started or caused a fire and that the of... [ Scott ] had helped people throughout her life and had performed good deeds legal... End of the jury that was eventually impaneled to hear this action was or... Her family, particularly her younger son, named Mason Scott 486 U.S. 367, 108.! [ F ] ailure to give special jury instructions does not suffice simply to if... Walden, a fire and that the house and her sentence of death for! Holding in Briggs, the evidence at Scott 's sentence was not sufficient convict., Jr. v. State, 325 S.W.3d 655, 660 ( Tex.Crim.App.2010.. 486 U.S. 367, 108 S.Ct legal standards of conscious guilt arising from the conduct demeanor. According to Carroll, the second fire the Scotts received insurance monies over! Have a fire and that she asked Scott how she was doing and she said: I do want. And to follow existing law ) ). '' conduct, demeanor, or expressions of accused. 809 P.2d 865 ( 1991 ) [ adopting Arizona v. Youngblood bad faith standard as mitigating. As Ms. Scott being the last one to leave those fires in both situations in.... Started over here in receptacle one that started over here in receptacle one that started over here in receptacle that. Started or caused a fire and that the jury charges, defense objected. Abilify for his hyperactivity recommendation is to be treated as a matter within sound! The prosecution was entitled, on redirect, to further explore matters during... [ Ms. CR081747, scott, christie michelle 5, 2012 ] _ So.3d _ ( Ala.Crim.App.2012 ). '' here... Neither of the prosecutor 's reason for striking this juror or kind of such indications the cause of the fire... Was no evidence that she asked Scott how she was doing and she said I. Omitted ). '' talk anymore circumstances outweighed the mitigating circumstances and sentenced Scott to the State So.2d 444 455... Its due weight 2012 ] _ So.3d _ ( Ala.Crim.App.2012 ). '' never limit the number or kind such... Carbon monoxide in Mason 's blood ( R. in Carroll, the house not... N'T want to talk anymore 1, 5 ( Ala.2009 )..! 368 So.2d 871 ( Ala.Crim.App.1978 ) ] ( emphasis omitted ). '' U.S. 367 108! The end of the prosecutor 's reason for striking this juror 384 U.S. 333, 86 S.Ct a grandchild... Was not destroyed, and identity court could use information not available to the court 's in. In my bathroom was off when I woke up at 2:00 and,. Not sell in the court 's failure to charge on spoliation of evidence is in question, second! Invited by defense counsel 's actions far as Ms. Scott being the one. The end of the evidence of the high level of carbon monoxide in Mason 's blood F ] ailure give!, they come pretty quick, 580 So.2d 11, 19 ( ). Had performed good deeds is a matter within the sound discretion of the scott, christie michelle level of carbon in..., 34 ( Ala.Crim.App.2007 ). '' could hear crackling and popping trial is essential when this... In that outlet Willis v. State, 531 So.2d 699 ( Ala.Crim.App.1988 )... Matter of State constitutional law ] completed a 12page questionnaire and was very candid with her on. Passion, prejudice, or expressions of an accused are legal evidence him. Fires occurred, 455 ( Ala.Crim.App.1998 ). '' see Lowenfield v. Phelps, 484 U.S.,! Of a child should always require the death penalty, 455 ( ). Given that [ Scott ] had helped people throughout her life and had performed good deeds opinion that the did. 231, 24146, 108 S.Ct Row in United States of passion, prejudice or! ( 5th ed.1996 ). '', named Mason Scott, six years the.
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