Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. [The defendant] relies on the presumed prejudice standard announced in Rideau, and applied by the United States Supreme Court in Estes and Sheppard. Rather, the court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group discrimination. Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt, Pennington v. State, 421 So.2d 1361 (Ala.Crim.App.1982); rather, the function of this Court is to determine whether there is legal evidence from which a rational finder of fact could have, by fair inference, found the defendant guilty beyond a reasonable doubt. [Prosecutor]: What is inferred to you in this case by the long silences of. Previous Post Christie Michelle Scott Women On Death Row. 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). indicated that she was impartial, that she could follow the law, and that she could apply the law to the facts of the case. Contrary to Vanpelt's assertions, there is no constitutional or statutory prohibition against double counting certain circumstances as both an element of the offense and an aggravating circumstance. [Prosecutor]: He's going into more explanation as to why. A separate sentencing hearing was held. 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. 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. We have considered the trial court's charge to the jury in light of the holding in Mills and are of the opinion that the jurors could not have reasonably believed that they were required to agree unanimously on the existence of any particular mitigating factor. Ex parte Martin, 548 So.2d 496, 499 (Ala.1989). The circuit court indicated that it was going to deny the motion and allow the defense expert to examine the outlet before he testified. At trial, the prosecution presented evidence that the victim had identified the accused as his assailant, but it did not introduce any evidence pertaining to the victim's clothing in its case-in-chief. Because you would be asked and have a responsibility to weigh the mitigating and aggravating circumstances if guilt was proven beyond a reasonable doubt, and you couldn't come in with the idea that you're always going to give the death penalty to someone that killed a child. Scott was indicted for, and was convicted of, murdering six-year-old Mason during the course of an arson and for pecuniary gain, violations of 13A540(a)(7), (a)(9), and (a)(15), Ala.Code 1975. I tried several times to get in with the code. At the time of the fire, Scott and her four-year-old son Noah were sleeping in Scott's bedroom, Mason was in the boys' bedroom, and Jeremy Scott, Scott's husband, was not at home and had been out of town for several weeks. 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).. Section 121674, Code of Alabama 1975, expressly provides that a trial court in capital cases may excuse prospective jurors outside the presence of parties and their counsel, for reasons of undue hardship, extreme inconvenience, or public necessity, as provided in 121663(b). Ex parte Pierce, 612 So.2d 516, 518 (Ala.1992). [S.S.]: No, sir. According to court documents Scott set fire to her home that would kill her six year old autistic son. 33 So.3d at 1286. Therefore, we conclude that the multiple errors on the part of the trial court in improperly denying GM's challenges for cause were not harmless, whether or not it could have been shown that the jury ultimately seated was unbiased and impartial. Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. in Crim. A combination of specialized training, work experience and practical application of the expert's knowledge can combine to establish that person as an expert Courts can also consider whether a witness has previously been qualified as an expert. State v. Marlowe, 81 So.3d 944, 970 (La.Ct.App.2011). Dr. Carter testified that the cough syrup would make a child sleepy. 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. 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. 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 Court: Just address it specifically to this case. First, Scott argues that evidence of the two 2006 fires was not admissible because, she says, the State failed to establish sufficient evidence of Scott's connection to the fires. for cause. The Court finds that the probative value of this evidence outweighs and prejudicial effect. Section 1216150(7), Ala.Code 1975, states that a juror should be removed for cause if he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.. In December 2005, he said, the Scotts increased the coverage to $139,000the maximum amount it could be increased without a new appraisal. 376.) Scott told her that her house was on fire. Other states have also considered this issue since the United States Supreme Court's decision in Baze v. Rees, 553 U.S. 35, 128 S.Ct. He further testified that Scott failed to indicate in her policy application that Mason had health problems or that medication had been prescribed for his condition. 404.2K Followers. Circumstantial evidence alone is enough to support a guilty verdict of the most heinous crime, provided the jury believes beyond a reasonable doubt that the accused is guilty. White v. State, 294 Ala. 265, 272, 314 So.2d 857, cert. Dr. Franco testified: That bead tells me that it's on the TV power cord. Even though she says she can be fair, I think that reason suggests otherwise., (R. She merely stated that arrangements would have to be made. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. The instructions, taken as a whole, did not imply that the jurors had to unanimously agree on a mitigating circumstance before finding that a mitigating circumstance was present. Also, at 1:04 a.m. on the morning of August 16, 2008, the computer showed that a user accessed the site boaterexam.com. See also Phelps v. State, 435 So.2d 158, 163 (Ala.Crim.App.1983). Annot., Propriety of Imposition of Death Sentence by State Court Following Jury's Recommendation of Life Imprisonment or Lesser Sentence, 8 A.L.R.4th 1028 (1981). This Court has repeatedly held that a trial court does not commit reversible error in referring to the jury's verdict in the penalty phase as a recommendation. It says, I have to have electricity present when that occurred. 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. Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. 749, 519 N.E.2d 587, 592 (1988), or it may conclude that an adverse inference instruction similar to the one given in Youngblood is sufficient to ensure fairness to the appellant, see Thorne v. Department of Public Safety, 774 P.2d 1326, 133132 (Alaska 1989); State v. Youngblood, 844 P.2d at 1157; State v. Gonzalez, 206 Conn. 213, 537 A.2d 460, 466 (1988); Tinsley v. Jackson, 771 S.W.2d 331, 332 (Ky.1989).. McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). Freeman [v. State ], 776 So.2d [160] at 195 [ (Ala.Crim.App.1999) ]. Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. 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. 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. 2392, 2402, 49 L.Ed.2d 342 (1976)) (emphasis added). Web1. ), aff'd 500 So.2d 1064 (Ala.1986), cert. Was that appropriate for the death penalty every time? WebMICHI (@michellescottt) on TikTok | 3.2M Likes. The following then occurred: [Prosecutor]: Okay. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. Such a recommendation is to be treated as a mitigating circumstance. A party's case is always damaged by evidence that the facts are contrary to his contention; but that cannot be ground for exclusion. C.L.M., Jr. v. State, 531 So.2d 699 (Ala.Crim.App.1988). Therefore, the appellant's argument is without merit.. If a juror knows a witness or witnesses but states that he can follow the trial judge's instructions and can follow the law, that juror is not automatically subject to removal for cause. State v. Campbell, 359 N.C. 644, 702, 617 S.E.2d 1, 36 (2005). Broad discretion is vested with the trial court in determining whether or not to sustain challenges for cause. Ex parte Nettles, 435 So.2d 151, 153 (Ala.1983). After weighing all these circumstances, the circuit court sentenced Scott to death. 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 . An emergency medical technician with Pleasant Bay Ambulance Service, Elzie Malone, testified that he responded to the fire. This appeal, which is automatic in a case involving the death penalty, followed. be removed for cause without stating any grounds. denied, 532 U.S. 907, 121 S.Ct. In applying this standard, the appellate court will determine only if legal evidence was presented from which the jury could have found the defendant guilty beyond a reasonable doubt. Because Scott has been sentenced to death, this Court applies the standard of review set out in Rule 45A, Ala. R.App. WebView Michael Christie results in Georgia (GA) including current phone number, address, relatives, background check report, and property record with Whitepages. What'swhat have you done to my babies? (R. Both fires occurred in the early morning hours when the mobile homes were unoccupied. Dr. Scott was a pioneer in the field, becoming one of only a few female ophthalmologists in the Pittsburgh area when she began her practice in 1958. Gunn v. State, 387 So.2d 280 (Ala.Cr.App. Specifically, she argues that there was no evidence that she intentionally started or caused a fire and that she intended to kill Mason. Scott cites the case of Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), to support her argument. Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. Partin v. State, 82 So.3d 31, 44 (Fla.2011). The characteristic was parricide, and the purpose of her mother was to collect the insurance money. WebView the profiles of people named Christie Michelle. 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. See, e.g ., Note, The Role of Police Culpability in Leon and Youngblood, 76 Va.L.Rev. The Court finds that these fires can be used in regard to show plan, motive, and identity. I was headed to the front door when Brian [Copeland] grabbed me and held me down. 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. When reviewing a trial court's ruling on a Batson motion, this court gives deference to the trial court and will reverse a trial court's decision only if the ruling is clearly erroneous. Yancey v. State, 813 So.2d 1, 3 (Ala.Crim.App.2001). Following Youngblood, this court decided State v. Gingo, 605 So.2d 1233 (Ala.Cr.App.1991). Steve Thornton with the Russellville Fire Department testified that he arrived at the scene after the fire had been extinguished. I could see flickering that I thought at the time was coming from the laundry room. 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 put in the code and the doors would not open. I looked out in the hallway, which was covered in smoke. (R. 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. 82, 81 So. Carroll, 852 So.2d at 836. Well, the question that I have to have satisfied is whether the information that you already know regarding Mr. Copeland and any conversations you've had from his family would affect you in some way? The voir dire examination shows that jurors B.H. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. 911, 116 L.Ed.2d 811 (1992); People v. Stallings, 211 Ill.App.3d 1032, 156 Ill.Dec. WebLicense Applicant 1 Name Applicant 2 Name Date Married ; 2022-3002: Estes, William Harrison: Sias, Meagan Sheri: 09/17/2022: Opt-Out: Request Copy: 2022-3037: Wild, Nicholas Thomas The missing outlet is not relevant to this theory of what caused the fire. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. 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). 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. 1364, 113 L.Ed.2d 411 (1991); Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. Rather, a balancing test must be applied. Thus, the court committed no error in denying Scott's motion to strike A.K. There was also testimony that Scott made a detailed account of the items that had been destroyed in the second fire to the extent that the list consisted of 109 pages and contained items valued at one dollar. The prosecutor's questions were within the proper scope of rebuttal examination. 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? Accordingly, we find no reversible error. Scott next argues that the State failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. [Prosecutor]: As the judge said, you could follow the law. Scott next argues that the circuit court erred in considering nonstatutory aggravating circumstances when overriding the jury's verdict. Scott moved that juror L.H. Steve Thornton's testimony the circuit court indicated that it would allow the outlet in Cpt. In our view the instructions and verdict forms did not clearly bring about, either through what they said or what they implied, the circumstance that Mills found critical, namely, a substantial possibility that reasonable jurors, upon receiving the judge's instructions in this case, and in attempting to complete the verdict form as instructed, well may have thought they were precluded from considering any mitigating evidence unless all 12 jurors agreed on the existence of a particular such circumstance. 486 U.S., at 384.. 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