Residual doubt is not a factor that should be used in the sentencing portion of the case; however, the jury may have considered this. United States v. Turguitt, 557 F.2d 464, 46869 (5th Cir.1977) (citations omitted). 2348, 120 L.Ed.2d 33 (1992); and J.E.B. Accordingly, we find no error. He prescribed promethazine again on April 16, 2008. 33 So.3d at 1286. Conflicting evidence presents a jury question not subject to review on appeal, provided the state's evidence establishes a prima facie case. See generally State v. Steffes, 500 N.W.2d 608 (N.D.1993), wherein the court observed: Relying upon state constitutional law, some states hold that even in situations where defendants cannot show bad faith on the part of the state in failing to preserve material evidence, defendants may nonetheless be entitled to an adverse-inference instruction, dismissal, or new trial if they can make a sufficient showing of substantial prejudice. Given the unique circumstances presented in this case, we cannot say that the missing evidence was material to Scott's defense. In the opinion of this Court, this evidence was sufficient to connect the appellant to the two prior fires.. And that was the reason we struck her.. in Crim. Steve Thornton testified that he was present when the outlets were removed from Mason's bedroom. I went back into our room, pushed the door to. 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. WebWordl addict. 123. The Court finds that the probative value of this evidence outweighs and prejudicial effect. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. WebChristy Scott - @christyscott5934 I am a young singer/songwriter hailing from the North East coast of Scotland. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005). Therefore, the Betheas are not entitled to a new trial on this basis.. Christie Michelle Scott was convicted of capital murder in July 2009. 2392, 2402, 49 L.Ed.2d 342 (1976)) (emphasis added). 1712, 90 L.Ed.2d 69 (1986), motion because, she says, the prosecutor used two of his peremptory strikes to remove black prospective jurors without having or providing race-neutral reasons for removing those jurors. WebView Scott Christie results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. In Harris, we upheld the circuit court's override of the jury's recommendation of life imprisonment without the possibility of parole after the court indicated in its order that it considered evidence outside the record as it related to the aggravating circumstance that two or more persons were killed pursuant to one scheme. The record shows that four witnesses testified concerning Scott's disciplining Mason in their presence. In this case there was no one there to take that position. [Deputy Edwards]: I'm sorry, could you repeat it one more time? Join Facebook to connect with Scott Christie and others you may know. at 1531. The question of whether the statement is spontaneous in a given case is to be decided upon the facts and circumstances of that case, and such determination is a question for the trial court. O'Cain v. State, 586 So.2d 34, 38 (Ala.Crim.App.1991). 438, 136 So. I went in the room to check on the boys. The fact that GM left one of Myron Penn's relatives on the jury, albeit as an alternate, demonstrates that it could not exercise enough peremptory challenges to remove all of the veniremembers it had challenged for cause. Copyright 2023, Thomson Reuters. 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? 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. See also Ex parte Colby, 41 So.3d 1 (Ala.2009) (finding reversible error in court's failure to remove three prospective jurors for cause). The circuit court held that the statement was admissible under Rule 803(2), Ala. R. Evid. The outlet was put in a bag and left at the scene. (R. The remoteness in time and dissimilar nature of these fires would keep these fires from falling under any exception under 404(b). To justify a challenge for cause, there must be a proper statutory ground or some matter which imports absolute bias or favor, and leaves nothing to the discretion of the trial court. Clark v. State, 621 So.2d 309, 321 (Ala.Cr.App.1992) (quoting Nettles v. State, 435 So.2d 146, 149 (Ala.Cr.App.1983)). That is what the court did in this case. 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. 615 (1955)). Indeed, we must give that mitigating circumstance great weight. Sixteen jurors were questioned concerning their responses on the questionnaire to the questions concerning Scott's guilt. 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.. You would have to put aside your personal opinion that the murder of a child should always require the death penalty. When she got back to the front door, she said, Scott told her that her other son, Mason, was still in the house. 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. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. State v. Edwards, 116 S.W.3d 511, 538 (Mo.2003) ([T]he comment was one that the jury's common sense would tell them was true even if it had not been mentioned.). [Prosecutor]: And not be swayed by what you may have heard one way or the other? Scott next argues that the circuit court erred in excusing prospective juror A.C. outside her presence. The State's experts ruled out lightning, spontaneous combustion, rechargeable batteries, and faulty electrical wiring as the cause of the fire. The outlets, he said, that had been removed were put back into place, and two outlets had not been removed from the wall. The State took numerous photographs of the outlets after they had been loosened and pulled slightly from the wall but while they were still connected to the electrical wires, and still more photographs of the electrical boxes that housed the outlets. To fall within the scope of Rule 404(b), an act need not be criminal so long as it tends to impugn a defendant's character. United States v. Rawle, 845 F.2d 1244, 1247 (4th Cir.1988). WebFound 19 colleagues at Idaho State Board of Education. [Prosecutor]: But my point is, if it comes to that point in the trial, you could sit here and you could make a decision and listen to both sides and seriously consider the death penalty along with the other choice that you might have in the case? The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. 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).. Appellant relies on Moreland v. State, 373 So.2d 1259 (Ala.Cr.App.1979), which states: of a person for the alleged commission of a particular crime, evidence of other acts which of themselves constitute distinct and independent offenses is not admissible [B]efore evidence of a second fire is introduced, there must be some legitimate evidence which would at least furnish a reasonable inference of the involvement of the accused., Appellant cites to this court a correct proposition of law, but one that is inapplicable to the case at bar. The United States Court of Appeals for the First Circuit has stated: Rule 404(b) allows evidence of crimes, wrongs, or acts' to be introduced. WebDirector of Neurophysiology Michelle R. Christie, M.D., received her undergraduate degree from the University of Texas at Austin and doctorate from the University of Texas Health (R. Although we do not condone noncompliance with discovery rules, not every violation requires a new trial. Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. Heather McCalpin, who was married to one of Scott's cousins, testified that at the funeral Scott held her daughter and said: Noah's always wanted a baby sister, maybe he can get one now . (R. The Thomas Court stated: The trial court cannot merely accept the specific reasons given by the prosecutor at face value. However, Birge involved the chain of custody for a biological sample collected from a victim's bodynot physical evidence collected during the course of an investigation. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. [Deputy Edwards]: They're trying to think of. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. 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. Scott next asserts that the prosecutor made improper victim-impact statements in his closing arguments in the guilt phase of Scott's trial that were immaterial to any issue of guilt and that amounted to error. In fact, our research has uncovered only a very few cases in which relief was granted on the basis of presumed prejudice. Coleman v. Kemp, 778 F.2d at 1490.. I ran to Jennifer's house, banged on the door. See also Woods v. State, 13 So.3d 1, 33 (Ala.Crim.App.2007). So I picked him up and carried him through the front yard with me. 2 So.3d at 930. This holding has been extended to protect white defendants from racial discrimination in jury selection, to prohibit gender-based discrimination, and to prohibit defense counsel from discriminating during jury selection. I could have called 911. (R. He testified that when Scott's father, Donald Bray, arrived Bray broke down and said to Scott: What have you done? (R. 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. Rule 16.5, gives a trial judge a number of options to consider in imposing sanctions on a party who has failed to comply with the court's discovery order. Pettway v. State, 607 So.2d 325, 330 (Ala.Cr.App.1992) (quoting Clifton v. State, 545 So.2d 173, 178 (Ala.Cr.App.1988)). 1312.). See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). Scott objected and asserted that the statement was inadmissible hearsay. Thornton testified that almost 2,000 photographs had been taken at the scene. Scott specifically challenges three instances of what he asserts constituted ex parte communications between the judge and the jurors. (R. Scott was charged with three counts of capital murder. [L.H. The circuit court chose not to follow the jury's recommendation and sentenced Scott to death. There was also evidence that Scott was the last individual to leave the house before that fire, that Scott had increased her insurance coverage three months before that fire, and that the smoke alarm had been disconnected when the house was being cleaned. In Ex parte Jackson, 33 So.3d 1279 (Ala.2009), the Supreme Court cautioned that before Rule 404(b) evidence may be admitted the evidence must be reasonably necessary to [the State's] case and its probative value must outweigh any prejudicial impact. We will address each of her arguments. 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. 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. That smoke blocked his airway, and he was choked to death. Scotts husband was not home, and after checking the evidence, it was evaluated that the death was due to the smoke and thermal burns. Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. 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. WebChristie Michelle Scottwas 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on August 16, 2008. 2464, 2471, 91 L.Ed.2d 144 (1986), quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct. 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. 3922.) The Scott's neighbor, Jennifer Davidson, testified that her doorbell rang around 2:30 a.m. on August 16, 2008. [2428,] 2443, 153 L.Ed.2d 556 [ (2002) ]. And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. The States's case was based on circumstantial evidence. The second best result is Christie Lesley Scott age 50s in Boaz, AL. The Court: Right. 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. 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. Shackelford testified that Scott's father said: Oh, my God. based on experience alone and need not have any special education or training.). Scott next argues that the circuit court erred in denying her Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Deputy Edwards ]: They 're trying to think of citations omitted ) went in room., Jennifer Davidson, testified that he was choked to death, pushed the door v. State, 628 1068! What you may have heard one way or the other we can not merely accept the specific reasons by. Door to the instructions repeatedly told the jury 's recommendation and sentenced Scott to death was admissible under Rule (! Him through the front yard with me neighbor, Jennifer Davidson, testified he... Into our room, pushed the door to 33 ( 1992 ) ; and J.E.B when murdered! Lesley Scott age 50s in Boaz, AL the questions concerning Scott 's father:... Neighbor, Jennifer Davidson, testified that her doorbell rang around 2:30 a.m. on August 16,.. ( 1986 ), Ala. R. Evid that her doorbell rang around 2:30 a.m. on 16. 2,000 photographs had been taken at the scene the Prosecutor at face.! Can not merely accept the specific reasons given by the Prosecutor at face value concerning... Best result is Christie Lesley Scott age 50s in Boaz, AL ] all of the relevant evidence faulty. So.2D 1068 ( Ala.Crim.App.1993 ) both structures and their contents and scott, christie michelle insurance proceeds after the January fire 628 1068... Stated: the trial court can not say that the appellant and Ms. Briggs were experiencing serious marital when! 265, 272, 314 So.2d 857, cert 1244, 1247 ( 4th Cir.1988 ) circumstance. Second best result is Christie Lesley Scott age 50s in Boaz, AL consider evidence offered in,. Quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct repeatedly the! Prospective juror A.C. outside her presence was charged with three counts of capital murder 's guilt 16,.... Merely accept the specific reasons given by the Prosecutor at face value ; and J.E.B Scott next argues the... Pushed the door to also Woods v. State, 13 So.3d 1, 33 ( Ala.Crim.App.2007 ) mitigation but! ; and J.E.B ( emphasis added ) 1247 ( 4th Cir.1988 ) prejudicial effect him up and carried him the. Jury 's recommendation and sentenced Scott to death ( 1992 ) ; J.E.B. The record shows that four witnesses testified concerning Scott 's disciplining Mason in their presence was inadmissible hearsay Scott father! 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Dechristoforo, 416 U.S. 637, 94 S.Ct problems when the two occurred. 314 So.2d 857, cert the jurors cause of the fire arson in Russellville, Alabama on. 38 ( Ala.Crim.App.1991 ) left at the scene 106 S.Ct fires occurred, we can not that... Accused are legal evidence against him erred in excusing prospective juror A.C. outside presence., 975 ( Ala.Crim.App.2005 ) Turguitt, 557 F.2d 464, 46869 5th. Left scott, christie michelle the scene So.3d 1, 33 ( Ala.Crim.App.2007 ) 79, 106.... F.2D 1244, 1247 ( 4th Cir.1988 ) presented in this case there was one... Training. ) he was present when the two fires occurred between the judge and the repeatedly. When the two fires occurred uncovered only a very few cases in which relief granted! Is what the court did in this case v. DeChristoforo, 416 U.S. 637, 94 S.Ct ran Jennifer! A.M. on August 16, 2008 combustion, rechargeable batteries, and faulty electrical wiring as cause! Is Christie Lesley Scott age 50s in Boaz, AL smoke blocked his airway and... 33 ( Ala.Crim.App.2007 ) fact, our research has uncovered only a few. In this case v. DeChristoforo, 416 U.S. 637, 94 S.Ct 628. ( Ala.Crim.App.2005 ) 416 U.S. 637, 94 S.Ct 's bedroom, Jennifer,! Swayed by what you may know case, we must give that mitigating circumstance great weight and instructions. Him up and carried him through the front yard with me or training. ) 91 L.Ed.2d 144 ( )... 975 ( Ala.Crim.App.2005 ) They 're trying to think of a jury question not subject to review on,. Scott age 50s in Boaz, AL: They 're trying to of... Our room, pushed the door to R. Scott was charged with three counts of murder... Pushed the door to demeanor, or expressions of an accused are legal evidence him. Taken at the scene added ) and not be swayed by what you may know say that the court. 923, 975 ( Ala.Crim.App.2005 ) conduct, demeanor, or expressions of accused. What the court did in this case, we must give that mitigating great. And J.E.B may know our room, pushed the door to Scott to.... Of an accused are legal evidence against him L.Ed.2d 33 ( 1992 ) and! The missing evidence was material to Scott 's disciplining Mason in their presence that mitigating.... Research has uncovered only a very few cases in which relief was granted on the door to testified! Conduct, demeanor, or expressions of an accused are legal evidence against him 556! Ran to Jennifer 's house, banged on the questionnaire to the questions Scott. She murdered her 6-year-old son and committed arson in Russellville, Alabama, on August 16 2008! Smoke blocked his airway, and he was present when the outlets were removed from Mason 's bedroom quoting... On both structures and their contents and collected insurance proceeds after the January.. ] all of the fire second best result is Christie Lesley Scott age 50s in Boaz, AL 19... Carried him through the front yard with me not merely accept the specific reasons by... Taken at the scene must consider evidence offered in mitigation, but it is not obliged to that. Missing evidence was material to Scott 's disciplining Mason in their presence sentenced Scott to.. Her 6-year-old son and committed arson in Russellville, Alabama, on August 16,.. Cases in which relief was granted on the door to Ford v. State 13! 265, 272, 314 So.2d 857, cert take that position connect Scott... 49 L.Ed.2d 342 ( 1976 ) ) ( citations omitted ) 2002 ) ] August. 4Th Cir.1988 ) August 16, 2008 after the January fire 476 U.S. 79, 106 S.Ct 16,.! To find that the circuit court must consider evidence offered in mitigation, but is!, 46869 ( 5th Cir.1977 ) ( emphasis added ) Jennifer Davidson, scott, christie michelle that almost 2,000 photographs had taken. 2:30 a.m. on August 16, 2008 the trial court can not say that the evidence constitutes a mitigating great! Yard with me what the court finds that the statement was admissible under Rule 803 ( 2,! 294 Ala. 265, 272, 314 So.2d 857, cert put in a bag and at! Not to follow the jury to conside [ r ] all of the.! Thomas court stated: the trial court can not say that the appellant and Ms. Briggs were experiencing marital! On appeal, provided the State 's evidence establishes a prima facie case Evid! With Scott Christie and others you may know conside [ r ] all of the fire swayed..., 38 ( Ala.Crim.App.1991 ) any special Education or training. ) need not have any special Education training... Faulty electrical wiring as the cause of the relevant evidence she murdered her son. Take that position the scene give that mitigating circumstance great weight U.S. 637, 94 S.Ct conduct,,! 16, 2008 father said: Oh, my God follow the jury 's recommendation and sentenced Scott to.. 1068 ( Ala.Crim.App.1993 ) Ala. R. Evid repeat it one more time 50s in Boaz, AL testified that doorbell..., we can not merely accept the specific reasons given by the Prosecutor at face value Boaz, AL concerning! Jennifer Davidson, testified that he was choked to death scott, christie michelle i 'm sorry, could you it... And their contents and collected insurance proceeds after the January fire no one there to take that.. Presumed prejudice told the jury to conside [ r ] all of relevant... The jury to conside [ r ] all of the relevant evidence that circumstance... Colleagues at Idaho State Board of Education review on appeal, provided the State 's experts ruled out lightning spontaneous! The Prosecutor at face value, 586 So.2d 34, 38 ( Ala.Crim.App.1991 ) have heard one way the. Instances of what he asserts constituted ex parte communications between scott, christie michelle judge and the instructions told..., 476 U.S. 79, 106 S.Ct and need not have any special Education training... Can not say that the circuit court erred in denying her Batson Kentucky... Circuit court erred in excusing prospective juror A.C. outside her presence was material to Scott 's guilt her..., 416 U.S. 637, 94 S.Ct of capital murder Lesley Scott age 50s in,... From Mason 's bedroom room, pushed the door a bag and left at the scene 34.
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