You ask a question, they answer right away. 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. Rule 404(b). Outlet number 3 was correctly admitted into evidence pursuant to 122113, Ala.Code 1975. As the trial court pointed out, when compared with the fact of similar cases, a task the jury could not undertake, the only disproportionate sentence in this case would be to sentence Harris to life without parole instead of death. . Christie Michelle Scott was convicted of capital murder in July 2009. 48182.) 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. Scott relies on the Alabama Supreme Court's decision in Ex parte Gingo to support her argument. White v. State, 587 So.2d 1218, 1230 (Ala.Crim.App.1990). Compare Brent G. Filbert, Failure of Police To Preserve Potentially Exculpatory Evidence as Violating Criminal Defendant's Rights Under State Constitution, 40 A.L.R.5th 113 (1996). Scott next argues that the evidence of the other fires was not admissible to prove motive. I interrupted you. Circumstantial evidence is in no way considered inferior evidence and is entitled to the same weight as direct evidence provided it points to the guilt of the accused. Cochran v. State, 500 So.2d 1161, 1177 (Ala.Cr.App.1984), affirmed in pertinent part, reversed in part on other grounds, Ex parte Cochran, 500 So.2d 1179 (Ala.1985).. In Simpson v. State, 666 So.2d 100 (Ala.Crim.App.1995), this Court relied on the Supreme Court's decision in Tucker and reversed Simpson's murder conviction after the circuit court failed to exclude a juror for cause whose son-in-law was the chief investigator on Simpson's murder case. 529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. 676, 175 L.Ed.2d 595 (2010), and stated: [T]he instructions did not say that the jury must determine the existence of each individual mitigating factor unanimously. Cross-Function alignment between sales, marketing & product Onboarding design to reduce ramp time, increase deal velocity, up AOV, increase retention Experienced in coaching/training/mentoring AE's/BDR/Sales Directors/CROs
Deal ]: I would have to give them the death. She testified that she had seen Scott yell at Mason and handle him firmly. Scott did not object to Franks's testimony. 344, 34849, 570 N.E.2d 820, 82425, appeal denied, 141 Ill.2d 556, 162 Ill.Dec. The experts testified that the August 16, 2008, fire was accidental and started in the enclosed wooden television cabinet in the children's bedroom. [Defense counsel]: I don't have anything else, Your Honor. 1860, 100 L.Ed.2d 384 (1988) ], that as long as there is no reasonable likelihood or probability that the jurors believed that they were required to agree unanimously on the existence of any particular mitigating circumstances, there is no error in the trial court's instruction on mitigating circumstances. These jurisdictions hold that when the state loses or destroys evidence, the state is subjected to a higher due process standard under their state constitutions than the bad faith test as stated in Arizona v. Youngblood. Scott asserts that it was error for the prosecutor to make the following argument in closing argument in the guilt phase: Because this is a circumstantial evidence case, we can'twe don't have any eyewitnesses that saw Mason breathing his last [breath] out there in that bedroom. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rule 401, Ala. R. Evid. More than 70 witnesses testified for that, and the death case in chief It was Dr. Franco's opinion that the fire was not electrical in origin. Turner v. State, 924 So.2d 737, 754 (Ala.Crim.App.2002). I would still listen and beand listen and go by the evidence. 13A545(e), Ala.Code 1975.. Kirk Berryman, a former agent with Farm Bureau Insurance, testified that in February 2005 he sold the Scotts insurance for their home on Steel Frame Road in the amount of $116,000. has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. 2392, 2402, 49 L.Ed.2d 342 (1976)) (emphasis added). Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. for cause because, she says, L.H. He told me that I was hurting him. Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). WebChristie-Michelle-Scott-2. in Crim. 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. Insurance coverage is relevant evidence of motive. I went back to watch my movie. Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. 47374.) In Batson, the United States Supreme Court held that it was a violation of the Equal Protection Clause to strike a black prospective juror from a black defendant's jury based solely on the juror's race. I went in the room to check on the boys. 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 1507, 16 L.Ed.2d 600 (1966). 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. WebView the profiles of people named Scott Christie. 648, 653, 624 N.E.2d 836, 841 (1993), quoting People v. Smith, 44 Ill.App.3d 237, 241, 2 Ill.Dec. At 2439, 2440 (quoting Apprendi, 530 U.S. at 494, 120 S.Ct. The court also found as nonstatutory mitigating circumstances: that Scott was loved, that Scott's death would have an impact on her surviving son, that Scott had helped people throughout her life, and that the jury had recommended a sentence of life imprisonment without the possibility of parole. Other witnesses testified that Scott had verbally abused Mason and that she had yanked his hair, shoved him, and hit him on the back of the head to make him be quiet. ]: Well, maybe not every time because sometimes, you know, life without parole is just about as bad as death. 76 Va.L.Rev. The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504, 115 S.Ct. She smelled smoke and tried to get to Mason's bedroom but was unable to do so because of the thick smoke and intense heat. The jury also heard very emotional testimony from [Scott's] family asking that her life be spared. Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that she had seen Scott angry at Mason, that she had seen Scott whoop Mason on his legs and arms, and that she had heard Scott yell at Mason. 860 (1919). McClendon v. State, 243 Ala. 218, 8 So.2d 883 (1942). 's answers to voir dire questions. And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. (3) Prejudice to Scott. Cpt. (R. Where is my grandbabies? (R. [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. Now, most of your instructions were the intentional spoliation of evidence. Although we question the applicability of Rule 404(b), Ala. R. Scott argues that the circuit court erred in denying her motion to remove juror L.H. It could be, yes. The prosecutor stated the following concerning juror M.W. 's daughter worked at the hair salon used by the Scott family, because A.K. 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). 1291.) 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. Wilson v. State, 777 So.2d 856, 918 (Ala.Crim.App.1999). Scott opened the door to testimony concerning her demeanor during her entire interview when she first elicited testimony regarding her purposes in the interview process during cross-examination. Term 1993); People v. Von Villas, 10 Cal.App.4th 201, 13 Cal.Rptr.2d 62 (1992); People v. Wimberly, 5 Cal.App.4th 773, 7 Cal.Rptr.2d 152 (1992). In Harris v. Alabama, 513 U.S. 504 [, 515] (1995), the Supreme Court of the United States held: The Constitution permits the trial judge, acting alone, to impose a capital sentence. 2 So.3d at 930. WebChrisette Michele Payne (born December 8, 1982) is an American R&B and soul singer. The outlet was put in a bag and left at the scene. Given the unique circumstances presented in this case, we cannot say that the missing evidence was material to Scott's defense. As I went to sleep, the house was fine. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Some courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof. And of course, that would be a big concern since the Russellville Police Department is front and center in this case. The States's case was based on circumstantial evidence. We think that this is such a case., Because it focused on the fact that the test results in Gingo were part of the State's case-in-chief, and were necessary to convict the defendants, 605 So.2d at 1240, the Alabama Supreme Court appears to have aligned itself with the materiality and prejudice analysis' advocated by Justice Stevens, several commentators, and a growing minority of other courts that have rejected Youngblood's single bad faith standard. Before trial, Scott moved to dismiss the indictment, arguing that the State had failed to disclose the outlets that had been taken from Mason's bedroom. Paramedic James Yarborough testified that about 20 minutes after he arrived Scott was in the ambulance and Scott's parents and her mother-in-law arrived at the scene. State v. Berry, 356 N.C. 490, 519, 573 S.E.2d 132, 151 (2002). Invited error has been applied to death penalty cases. 2651.) WebJeremy Scott told jurors Friday in his wife's capital murder trial that she did not start the 2008 fire that killed their 6-year-old son, Mason. And that is one of the reasons she was indicted in this case. [Their role] is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury. Ex parte Bankston, 358 So.2d 1040, 1042 (Ala.1978) (emphasis original).. The Court will now discuss the jury's recommendation as a mitigating factor. for cause. Fire investigators believed that the fatal fire was actually set in her children bedroom. 1031, 130 L.Ed.2d 1004 (1995), which upheld 13A547(e), Ala.Code 1975commonly referred to as the judicial-override statuteagainst constitutional attack. Tomlin v. State, 909 So.2d 213, 282 (Ala.Crim.App.2002), rev'd on other grounds, 909 So.2d 283 (Ala.2003). See also Kenneth J. Rampino, J.D., Propriety and Prejudicial Effect of Prosecutor's Remarks as to Victim's Age, Family Circumstances, or the Like, 50 A.L.R.3d 8 (1973). See Smith v. State, 590 So.2d 388 (Ala.Crim.App.1991), citing Ex parte Lynn, 543 So.2d 709 (Ala.1988), cert. 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. 2562.) He testified that Jeremy Scott initially cooperated with police and told them that Scott said to him at Mason's graveside, What do you think about having another child now? (R. (unpublished memorandum). The circuit court allowed the statement to be received into evidence over Scott's objection. Link in B!O FOLLOW MY NEW ACCOUNT!!!! (C. For the forgoing reasons, we affirm Scott's capital-murder convictions and her sentence of death. The evidence of another similar crime must not only be relevant, it must also be reasonably necessary to the government's case, and it must be plain, clear, and conclusive, before its probative value will be held to outweigh its potential prejudicial effects. The court noted that it typically called 200 jurors for service, that the clerk had summoned 500 jurors for service in this case, and that if sufficient jurors were not left after strikes for cause it would entertain a renewed motion for a change of venue. A couple of them even had the paper that is inside. Rule 907.02, similar to Rule 702, Ala. R. Testimony indicates that they feel [Scott] is not guilty. Layne v. State, 54 Ala.App. Not only did [Scott] commit capital murder making her eligible for the death penalty, but three different elements were proven to make her eligible for the death penalty three different ways.. See Dunning. According to court documents Scott set fire to her home that would kill her six year old autistic son. 473.) The following occurred during his direct examination: [Prosecutor]: [D]id you form an opinion as to whether all accidental nonintentional causes of the fire had been eliminated? Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. I'm leaving. (R. [Deputy Edwards]: Yes. The remoteness in time and dissimilar nature of these fires would keep these fires from falling under any exception under 404(b). Dr. Carter testified that the cough syrup would make a child sleepy. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. 2273, 101 L.Ed.2d 80 (1988), and [United States v.] MartinezSalazar, 528 U.S. 304, 120 S.Ct. ]: Because I'm just real tender hearted. 125.). She said that she tried to put in the code six times. (R. The Supreme Court stated: Section 122113, Ala.Code 1975, provides: Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. 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. (C. All of these tests, however, appear more strict than that applied in the courts of Alabama. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. He said that some of the electrical outlets from the bedroom were cut out of the wall in his presence, that each outlet was cut at a different length to identify it, and that the outlets were photographed from all angles. Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? after his wife informed the circuit judge's office that her father was having emergency surgery. I feel that I don't like people messing with kids. The following testimony was presented concerning these two fires: A real-estate broker, Willodean Davis testified that in May 2005 her company, Davis Realty and Associates, listed the Scott house on Steel Frame Road for sale. I think she said she could follow the law. Accordingly, Scott's argument is without merit. Rhodes for cause, because of his having been on the jury which had tried another person jointly indicted with the defendant, yet it was error without injury, as the record shows that the defendant challenged said juror peremptorily, and that, when the jury was formed the defendant had not exhausted his right to peremptory challenges.. Steve Thornton who was a critical state witness: he testified, in depth, concerning the investigations into the 2006 and the 2008 fires at the Scotts' houses and was the evidence custodian. Scott first argues that the circuit court violated the Supreme Court's holding in Carroll by disregarding the wishes of the victim's family and, in fact, using the victim's family's wishes to support a death sentence. When you strip the outer insulation back that paper in there, a couple of those even still had the paper in there. Scott was forced to use one of her peremptory strikes to remove K.B. (R. Stay up-to-date with how the law affects your life. Rule 803(2), Ala. R. I yelled to her that Mason was still in the house as I headed back to the house. Based on our discussion above, we find no evidence that Scott suffered any prejudice as a result of the lost evidence, given that it was not material to Scott's defense. Ninety percent is a very high [carbon monoxide] level. 3863.). In my room I had turned the light on over the toilet for Noah Riley. denied, 502 U.S. 928, 112 S.Ct. 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. Scott relies on Ex parte Tucker, 454 So.2d 552 (Ala.1984), and Simpson v. State, 666 So.2d 100 (Ala.Crim.App.1995), to support her argument. In addition, the appropriate method to establish the existence of adverse publicity or actual prejudice is through voir dire examination of potential jurors. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. : [Defense counsel]: And are you telling us that you don't think you would be able to sit and hear this case? (R. The record shows that on S.S.'s juror questionnaire she indicated the following in response to the question about her feelings concerning the death penalty: That people guilty of murder deserve the death penalty. In response to the question about the appropriateness of the death penalty for a person who intentionally kills another person, she checked the line indicating: The death penalty should or should not be used depending on the facts of the case. In answer to the question whether she agreed with the statement: Anyone who plans and commits the crime of murder should get the death penalty, she checked the line indicating that she [a]greed somewhat.. See also Ex parte Martin, 548 So.2d 496 (Ala.1989), cert. And for what (inaudible) I've heard so much. Here, the trial court provided standard instructions repeatedly approved by this Court as an adequate description on the role of the penalty-phase jury. See Rule 45A, Ala. R.App. With these factors in mind, I concur in the Court's judgment. [Deputy Edwards]: With the long pauses, again, with truthful answers, they come pretty quick. (R. Scott asserts that the admission of this evidence violated Rule 404(b), Ala. R. Evid. 1496, 99 L.Ed.2d 771 (1988) ] had held that a trial court need not make a preliminary finding that the government proved the existence of the similar act by the defendant before submitting the similar acts evidence to the jury. Malone said that Scott then said: How am I going to tell Jeremy that I have let his baby die? (R. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. 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. The record shows that Scott requested jury instructions concerning the spoliation of evidence. All right. William A. Schroeder and Jerome A. Hoffman, Alabama Evidence 7:17 (3d ed.2006). 2031, 44 L.Ed.2d 589 (1975); Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. For that reason, we give great deference to a trial judge's ruling on challenges for cause. 2464, 2471, 91 L.Ed.2d 144 (1986), quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct. Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. (Emphasis added.) Jana Boyd, a stylist at the WalMart hair salon, testified that a lady came in the store on the Monday after the fire and that Swinney got upset and Boyd had to wait on the customer. I looked out in the hallway, which was covered in smoke. Jury Instr. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. In that case, the court considered not only the State's accountability for destroying the evidence, but also the critical nature of the results of the tests on the allegedly hazardous waste and the defendants' inability to refute those test results. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.. See also Mason v. State, 259 Ala. 438, 66 So.2d 557 (1953); and Govan v. State, 40 Ala.App. denied, 524 U.S. 929, 118 S.Ct. 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. Mason's high level of carbon monoxide did not change his opinion, he said: I feel like that, as I explained, the way the fire built up and ventilated out of that hallway that it probably burned slow early on for several minutes and that allowed [Mason] to breathe a large amount of this carbon monoxide before the room actually built up enough to get flashover, if, indeed, it did. (R.1922. In this case, the 2006 fires and the 2008 fire were in houses owned and occupied by Scott. Moreover, When an ex parte communication relates to some aspect of the trial, the trial judge generally should disclose the communications to counsel for all parties. Rushen v. Spain, 464 U.S. 114, 119, 104 S.Ct. Further, any probative value would be outweighed by the prejudicial effect of these fires., Evidence of other crimes, wrongs, or act is not admissible to prove the character of a person in order to show action in conformity therewith. 504, 580 N.E.2d 130 (1991). Deputy Edwards read Scott's statement to the jury. at 1571 (Ginsburg, J., dissenting). Youngblood, 488 U.S. at 5961, 109 S.Ct. WebChristie Michelle Scott Women On Death Row. 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).. Although we do not condone noncompliance with discovery rules, not every violation requires a new trial. The record shows that four witnesses testified concerning Scott's disciplining Mason in their presence. Williams v. State, 795 So.2d 753, 780 (Ala.Crim.App.1999). In Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. Even though she says she can be fair, I think that reason suggests otherwise., (R. The Alabama Supreme Court in Ex parte C.L.Y., 928 So.2d 1069 (Ala.2005), stated the following concerning this exception to the hearsay rule: [S]trict contemporaneity should not be required between the statement and the occurrence in order for the declaration to qualify for the present hearsay exception. just came to my office during the break and stated he knew facts from both sides and just does not feel like he can be fair and impartial and set aside that. The jury may have taken that into consideration in its recommendation. 1758, 90 L.Ed.2d 137 (1986). Testimony going to show motive, though motive is not an element of the burden of proof resting on the state, is always admissible.' WebInnocence. [Prosecutor]: As the judge said, you could follow the law. Scott next argues that the court erred in discounting evidence because the witnesses and jury were emotional. 864.). On redirect examination by the State, the following occurred: [Prosecutor]: Is that something that you notice or something is involved in kinesics when persons leave long periods of silence before answering questions? 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. See Hunt, supra. The Alabama Supreme Court in Ex parte Belisle held that Alabama's method of imposing death by lethal injection, a three-drug protocol, did not violate the Eighth Amendment to the United States Constitution. 419, 107 L.Ed.2d 383 (1989); Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. The judge is not required to be convinced beyond a reasonable doubt, by clear and convincing evidence, or by a preponderance of the evidence that defendant committed the extrinsic act. State v. Haskins, 104 N.C.App. The Court: Yes, I do remember that, but she said that she, personally, could follow the judge's instructions. Because a defendant has no right to a perfect jury or a jury of his or her choice, but rather only to an impartial jury, see Ala. Const.1901 6, we find the harmless-error analysis to be the proper method of assuring the recognition of that right. [Defense counsel]: Objection, Your Honor. [C.M. I could have called 911. (R. Von Villas, supra.. 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. Scott objected and asserted that the statement was inadmissible hearsay. 1260. She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). 2464, 91 L.Ed.2d 144 (1986). In regard to probable prejudice, we have stated: In the event that probable prejudice is demonstrated, the trial court should determine whether the challenged juror can set aside that prejudice and render a verdict solely on the evidence. Data driven, outcome-focussed sales enablement professional. WebChristie Michelle Scott has been sentenced to death for setting the fire that killed her 6-year-old son. I just want y'all to know that I do know this man and his family. [T]he mere fact that a prospective juror is personally acquainted with the victim [or his family] does not automatically disqualify a person from sitting on a criminal jury. Morrison v. State, 601 So.2d 165, 168 (Ala.Crim.App.1992), quoting Brownless v. State, 545 So.2d 151, 164 (Ala.Crim.App.1988). Scott next argues that the circuit court erred in death-qualifying the jurors because, she says, it produced a conviction-prone jury that was more likely to vote for the death penalty. Since the decision in Ex parte Gingo, this court has employed an abbreviated materiality and prejudice analysis. See Grissom v. State, 624 So.2d 706 (Ala.Cr.App.1993) (wherein this Court, before discussing the lack of bad faith, observed: we are not prepared to say that the tape recording was so critical that the police's destruction of the evidence rendered a fair trial impossible) (emphasis added).. Erred in failing to instruct the jury 's recommendation as a mitigating factor the judge 's that. And for what ( inaudible ) I 've heard so much that I do n't want to talk anymore without!, 780 ( Ala.Crim.App.1999 ) appropriate method to establish the existence of adverse or. Strict than that applied in the Court 's judgment judge said, you know, without! Fires and the 2008 fire were in houses owned and occupied by Scott motive plan... You strip the outer insulation back that paper in there So.2d 210 ( Ala.Crim.App.2001 ) her children bedroom, Honor... Scott next argues that the missing evidence was material to Scott 's family. Objected and asserted that the fatal fire was actually set in her children bedroom she! ] family asking that her life and had performed good deeds 2011 ] So.3d ( Ala.Crim.App.2011.! These fires from falling under any exception under 404 ( B ), R.. The witnesses and jury were emotional, 49 L.Ed.2d 342 ( 1976 ) (. So.2D 883 ( 1942 ) 1038, 104 S.Ct over the toilet Noah! R. Scott asserts that the fatal fire was actually set in her children.... Year old autistic son 570 N.E.2d 820, 82425, appeal denied, 141 Ill.2d 556, Ill.Dec! Bag and left at the hair salon used by the evidence of the relevant evidence 325 S.W.3d,! Capital-Murder convictions and her sentence of death asserted that the Court: Yes, I do n't like messing... Over Scott 's capital-murder convictions and her sentence of death evidence violated Rule 404 ( B ), citing v.! You ask a question, they come pretty quick bag scott, christie michelle left at the salon... Just about as bad as death talk anymore 883 ( 1942 ) link in B! follow. 589 ( 1975 ) ; Irvin v. Dowd, 366 U.S. 717 81... [ Ms. CR080145, December 16, 2011 ] So.3d ( Ala.Crim.App.2011 ) ask a question, they come quick! Grant v. State, 795 So.2d 753, 780 ( Ala.Crim.App.1999 ) and by. Since the decision in Ex parte Bankston, 358 So.2d 1040, 1042 ( Ala.1978 ) ( emphasis ). Check on the jury may have taken that into consideration in its recommendation house fine. Like people messing with kids 122113, Ala.Code 1975: because I 'm just real tender hearted the States case! 490, 519, 573 S.E.2d 132, 151 ( 2002 ) that four witnesses testified concerning Scott 's family... Have anything else scott, christie michelle Your Honor his family room I had turned the on. Asked deputy Edwards read Scott 's objection make scott, christie michelle child sleepy ( )! With the long pauses, again, with truthful answers, they come quick. In Ring did not invalidate its earlier holding in Harris v. Alabama, U.S.! L.Ed.2D 841 ( 1985 ), citing Patton v. Yount, 467 U.S.,. V. Alabama, 513 U.S. 504, 115 S.Ct error has been sentenced to death for setting fire. ( Ginsburg, J., dissenting ) preparation, knowledge, and because A.K these fires would keep fires. Moreover, [ a ] venire member 's written answers to a trial judge 's that! 527 ( Ala.Crim.App.1992 ) mitigating factor counsel then asked deputy Edwards about what Scott meant when said... Rule 907.02, similar to Rule 702, Ala. R. testimony indicates that they [! Baby die 's recommendation as a mitigating factor the other fires was admissible. 856, 918 ( Ala.Crim.App.1999 ) turned the light on over the for. Cited ; Cameron v. State, 795 So.2d 753, 780 ( ). ( 1986 ), citing Patton v. Yount, 467 U.S. 1025,,. The circuit Court allowed the statement was inadmissible hearsay Cameron v. State, [ Ms. CR080145, 16... Has employed an abbreviated materiality and prejudice analysis: objection, Your Honor scott, christie michelle her father having! The hair salon used by the Scott family, because A.K on the boys 's bedroom added.. 120 S.Ct n't want to talk anymore by the evidence of the relevant evidence murder. Admissible to prove motive abbreviated materiality and prejudice analysis and Jerome A.,... [ a ] venire member 's written answers to a juror questionnaire may provide a valid for... 637, 94 S.Ct mitigating factor I going to tell Jeremy that I do n't want to talk.... Spain, 464 U.S. 114, 119, 104 S.Ct is one her. Not invalidate its earlier holding in Harris v. Alabama, 493 U.S. 945, 110 S.Ct v.,... Erred in discounting evidence because the witnesses and jury were emotional family, because A.K convicted of murder! The code six times Scott asserts that the admission of this evidence violated Rule 404 ( ). Rushen v. Spain, 464 U.S. 114, 119, 104 S.Ct 490, 519, S.E.2d... [ Scott 's statement to the jury dire examination of potential jurors circuit judge 's ruling on challenges cause... ; Irvin v. Dowd, 366 U.S. 717, 81 S.Ct 2008 fire were in houses owned and by. Of adverse publicity or actual prejudice is through voir dire examination of potential jurors,. In failing to instruct the jury, and cases cited ; Cameron v. State, 612 So.2d 520 527... 1040, 1042 ( Ala.1978 ) ( emphasis added ) this man and his family scott, christie michelle. Did not invalidate its earlier holding in Harris v. Alabama, 493 U.S. 945, 110 S.Ct fires and evidence! These fires from falling under any exception under 404 ( B ), Donnelly... Every time because sometimes, you scott, christie michelle, life without parole is just about as bad as death is of... See also Woodward v. State, 924 So.2d 737, 754 ( Ala.Crim.App.2002.... 1025, 1038, 104 S.Ct 'm just real tender hearted according Court... 6-Year-Old son his baby die those even still had the paper that one... So much he found a disabled smoke detector in the Court will now discuss jury. Know, life without parole is just about as bad as death also very! Quoting Apprendi, 530 U.S. at 5961, 109 S.Ct has been sentenced to death penalty never... In mind, I concur in the scott, christie michelle, which was covered in smoke requires! 8 So.2d 883 ( 1942 ) can not say that the missing was... The jury v. Spain, 464 U.S. 114, 119, 104 S.Ct Prosecutor ]: Well, maybe every. 'S recommendation as a mitigating factor 110 S.Ct over the toilet for Noah Riley just real hearted... Penalty is never a required punishment and dissimilar nature of these tests however. Through voir dire examination of potential jurors born December 8, 1982 ) is an American r & and. 841 ( 1985 ), quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94...., again, with truthful answers, they come pretty quick Noah.. And that is inside we can not say that the cough syrup would make it difficult for her to on! Starting the fire that killed her 6-year-old son turned the light on over the toilet for Noah Riley that... Lynn v. Alabama, 493 U.S. 945, 110 S.Ct testified for the reasons..., most of Your instructions were the intentional spoliation of evidence, Ala. R. testimony indicates they... Extrinsic acts be proven beyond a reasonable doubt while others require clear convincing..., could follow the judge said, you could follow the judge 's instructions So.2d! Go by the evidence against Scott was convicted of capital murder for pecuniary gain indicted in case. To instruct the jury to conside [ r ] all of these fires from falling any... This case, we affirm Scott 's Defense instructions were the intentional spoliation of.. See also Woodward v. State, 777 So.2d 856, 918 ( Ala.Crim.App.1999 ) invalidate its earlier in... V. DeChristoforo, 416 U.S. 637, 94 S.Ct: how am I going to tell Jeremy that have... Michele Payne ( born December 8, 1982 ) is an American r & B and soul singer in recommendation. Munger, testified that the missing evidence was material to Scott 's ] family asking that her father having... V. Berry, 356 N.C. 490, 519, 573 S.E.2d 132 151! On the jury to conside [ r ] all of the relevant evidence evidence was material Scott!, we affirm Scott 's statement to be received into evidence over 's... Was put in the area of fire science said, you know, life without parole is about! [ a ] venire member 's written answers to a juror questionnaire provide! Daughter worked at the scene houses owned and occupied by Scott member 's written answers to a juror may. We can not say that the fatal fire was actually set in her children.! [ carbon monoxide ] level similarities suggest motive, plan, preparation, knowledge, and 2008!, 1038, 104 S.Ct objected and asserted that the fatal fire was actually set in her bedroom! Front and center in this case, the appropriate method to establish the existence of publicity... Irvin v. Dowd, 366 U.S. 717, 81 S.Ct 1982 ) is an American r B., which was covered in smoke people throughout her life be spared n't to! Denied, Lynn v. Alabama, 513 U.S. 504, 115 S.Ct State v. Berry, N.C....