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 moved that juror C.M. The imposition of sanctions upon noncompliance with a court's discovery order is within the sound discretion of the court. Thornton testified that the outlets that were removed were cut at different lengths and at different angles so that they would be readily identifiable. She set her house on fire, and smoke inhalation became the reason for her sons death. 1583.). 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. We cannot find error in the circuit court's assignment of little weight to the victims's family's wishes given that they disagreed with the jury's finding of guilt and that they were also Scott's family. [J.M. A separate sentencing hearing was held. Not only did [Scott] commit the 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. 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 challenged conduct occurred on redirect examination. Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. Number one, he had a bumper sticker on the back of his vehicle that says Nekromantix, which upon researching that on-line is a death metal group that has a lot of death imagery and other things, and it concerned us very much that he had a bumper sticker like that on a car when he was involved in a death penalty case. The State argues, and we agree, that Belisle, like the inmates in Baze, cannot meet his burden of demonstrating that Alabama's lethal-injection protocol poses a substantial risk of harm by asserting the mere possibility that something may go wrong. Scott first asserts that the circuit court erred in excusing prospective juror D.T. 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. Please try again. Counsel for petitioner challenged the venireman for cause, stating, He is the brother of perhaps the most material witness in the entire case. The trial judge denied the challenge. 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. WebChristie-Michelle-Scott-2. 972, 977 (1914). He testified that when Scott's father, Donald Bray, arrived Bray broke down and said to Scott: What have you done? (R. has held up the conviction and death sentence of a Franklin County woman for killing her 6-year-old son 87576.) (R. 418 (1931). Carroll v. State, 370 So.2d 749, 759 (Ala.Crim.App.1979). [Defense counsel]: Objection, Your Honor. Ballard v. State, 767 So.2d 1123, 1130 (Ala.Crim.App.1999). Rule 404(b). denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.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. I don't want him here. (R. WebScott Christie Found 155 results for Scott Christie Scott Christie, age 66 View Details Little Rock Presumed owner of the real estate located at 15 Ridgeview Dr, Little Rock Completed Graduate School Associated persons: John A Christie, Martha Christie, Matthew J Christie, Sarah Christie (501) 221-9545 View Details Scott Christie View 3893.) 3667.) Stop us in the hallway, ask us for something. Join Facebook to connect with Scott Christie and others you may know. And then, of course, she's collected the full insurance proceeds for that house. And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. Here, the trial court overrode the jury's recommendation, because [t]he other perpetrator in this crime, John Ronald Daniels, was convicted of the capital offense of first degree murder of the same two people and [was] sentenced to death. Although the jury was not aware of Daniels's sentence, his sentence cannot properly be used to undermine a mitigating circumstance.. Accordingly, we find no error in regard to this claim. 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). The law can never limit the number or kind of such indications . Johnson v. State, 17 Ala. 618, 624 (1850). I rolled off the bed and covered Noah Riley and told him to be still. 438, 136 So. was rehabilitated. (R. In other words, the plain-error exception to the contemporaneous objection rule is to be used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result. Ex parte Land, 678 So.2d 224, 232 (Ala.1996) (quoting United States v. Young, 470 U.S. 1, 15, 105 S.Ct. Juror S.S. indicated that she could follow the law and the evidence. The purpose of redirect examination is to answer any matters brought out on the cross-examination of the witness by [the] adversary. Sistrunk v. State, 596 So.2d 644, 647 (Ala.Crim.App.1992). Testimony indicates that they feel [Scott] is not guilty. He works in Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry. When denying this motion, the court stated: All testimony indicated that there was no showing that anyone intentionally destroyed any evidence or acted in bad faith. [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. As this Court stated in Ward v. State, 440 So.2d 1227 (Ala.Crim.App.1983): Appellant contends that the trial court erred in failing to exclude testimony of the prior unrelated fire of November 2, 1981, at his and his wife's residence. See 13A553(b)(1), Ala.Code 1975. Scott specifically challenges the second paragraph emphasized in the circuit court's sentencing order. 2654.) We can find no legal basis for disturbing the circuit court's sentence in this case. A ring, valued at $14,750, was added to the insurance policy in November 2005. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. Specifically, Scott challenges the following arguments. Dr. Carter testified that the cough syrup would make a child sleepy. See also Ex parte Hart, 612 So.2d 536, 542 (Ala.1992). 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. Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. What'swhat have you done to my babies? (R. See Phillips v. State, 39 So.3d 296, 304 (Fla.), cert. So what that tells me is that all that is intact, it's uncompromised, and it's still working. 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. United States v. Platero, 72 F.3d 806, 814 (10th Cir.1995). In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. Evidence was also presented indicating that two fires had occurred at the Scotts' previous residence on Steel Frame Road in 2006 and that as a result of the second fire the Scotts had received over $185,000 in insurance monies. I was aware of Dr. Franco's work. (R. WebElizabeth Christie (115 Found) - View Court & Arrest Records, Personal Reviews & Reputation Score. denied, 474 U.S. 865, 106 S.Ct. The trial court's instruction also failed to limit the State to the purposesas nonspecific as they werethat it advanced in support of admission of the evidence regarding Billups's involvement in the Avanti East killings. has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. 2273, 101 L.Ed.2d 80 (1988) ], [United States v.] MartinezSalazar, [528 U.S. 304 (2000),] Bethea [v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002),] and Turner [v. State, 160 Ala. 55, 49 So. Because of the high level of carbon monoxide in the victim's bloodmore than 90 percentbecause the television cord had melted copper on the end, because there was fire behind the cabinet before the circuit breaker was tripped, it was Lentini's opinion that the fire was a closed-cabinet fire that originated in the cabinet that housed the television. Finally, it was also evaluated that the house was set on fire by Christie to get the insurance money. [L.H. The excited utterance of a bystanding observer is admissible the same as if the declarant had been a participant in the exciting occurrence. C. Gamble and R. Goodwin, McElroy's Alabama Evidence 265.01(8) (6th ed 2009). A jury found Scott guilty on all counts and recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. It says, I have to have electricity present when that occurred. 344, 34849, 570 N.E.2d 820, 82425, appeal denied, 141 Ill.2d 556, 162 Ill.Dec. 's daughter worked at the hair salon used by the Scott family, because A.K. See Ex parte Belisle, 11 So.3d 323, 333 (Ala.2008) ( [A]n appellate court presume[s] that the jury follows the trial court's instructions unless there is evidence to the contrary. (quoting Cochran v. Ward, 935 So.2d 1169, 1176 (Ala.2006))). Christie A Scott, age 50 Nelson v. State, 440 So.2d 1130, 1132 (Ala.Crim.App.1983). ]: Because I worked with the boy's grandpa for a while, and I have, you know, been told what they found in thewhat that boy burned in. Turner v. State, 924 So.2d 737, 754 (Ala.Crim.App.2002). [S.S.]: I would be fair, but I think I knowI mean, I just feel that I know too much or I've heard too much. The Court stated: By simply reciting the complete laundry list of permissible theories under Rule 404(b), the trial court's instruction in this case gave the jury inadequate guidance. Did you have anything? We have repeatedly upheld the practice of death-qualifying prospective jurors in a capital-murder case. Lee v. State, 44 So.3d 1145, 116162 (Ala.Crim.App.2009), quoting Sockwell v. State, 675 So.2d 4, 18 (Ala.Crim.App.1993). Post navigation. 79496.) WebChristie Michelle Scott v. State of Alabama :: 2012 :: Alabama Court of Criminal Appeals Decisions :: Alabama Case Law :: Alabama Law :: US Law :: Justia. (R. 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 When evaluating prosecutorial arguments, we keep in mind the following: The relevant question is whether the prosecutor's comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. [T]he determination of whether or not to grant a motion for change of venue is generally left to the sound discretion of the trial judge because he has the best opportunity to assess any prejudicial publicity against the defendant and any prejudicial feeling against the defendant in the community which would make it difficult for the defendant to receive a fair and impartial trial.. I looked out in the hallway, which was covered in smoke. Ex parte Taylor, 666 So.2d 73, 82 (Ala.1995). 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)). The record shows that at the beginning of the voir dire process the court stated the following to the entire jury venire: If we can accommodate you in any way, we will. WebView Becky Scott results in Tennessee (TN) including current phone number, address, relatives, background check report, and property record with Whitepages. The Court: Okay. 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. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. 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. 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 photographs and the electrical boxes were available for examination by defense experts. 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. We stated: The eyeglasses were admissible without establishing a chain of custody because [the testifying officer] was able to specifically identify them, and their condition was not an issue in the case. Land, 678 So.2d at 210. ', 848 So.2d at 228 (emphasis in original).. Learn more about FindLaws newsletters, including our terms of use and privacy policy. This Court has stated the following when addressing a Mills claim: The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. The State moved that Munger be qualified as an expert. I turned on the satellite and told him that he needed to go to sleep. The States's case was based on circumstantial evidence. Such a recommendation is to be treated as a mitigating circumstance. Silver v. State, 705 So.2d 552, 55667 (Ala.Crim.App.1997), quoting Giddens v. State, 565 So.2d 1277, 1281 (Ala.Crim.App.1990). Testimony going to show motive, though motive is not an element of the burden of proof resting on the state, is always admissible.' United States v. Scott, 677 F.3d 72, 74 (2d Cir.2012). It calls for speculation and conclusion and mental operation of another person. 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. . The record shows that Scott moved in limine that the State be prohibited from offering testimony concerning other fires. 323 .) 2650.). The flames had started running across the peak of the roof. Given the facts presented in this case, the circuit court's failure to give the victim's family members wishes great weight does not conflict with the Supreme Court's decision in Carroll. 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. Could you still sit on this jury and make a decision in the case based on the evidence in the case? The only way justice can be served in this case is by a sentence of death.. [L.H. 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). P. [A] failure to object at trial, while not precluding our review, will weigh against any claim of prejudice. Ex parte Woodall, 730 So.2d at 657 (citing Kuenzel v. State, 577 So.2d 474 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991)).. 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. Accordingly, Scott is due no relief on this claim. The TV was off and Noah Riley was still awake. However, if there was no conviction for the other crime or misconduct then it has been stated that the court should proceed slowly and require more than mere rumors and suspicions. The State responded that it had only learned in April 2009 that the outlet receptacles were missing and that dismissal of the charges was not the appropriate remedy. 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. [U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. Scott next argues that evolving standards of decency have rendered Alabama's method of executionlethal injectionunconstitutional. I spent 6 years at Allied to earn a living and pay my way The circuit court denied the Batson motion. On relocating to California in the stated that she could sit on the case and make a decision based on the evidence and that she would not be swayed by what she had heard. 861.). denied, 524 U.S. 929, 118 S.Ct. In discussing the scope of plain error, the Alabama Supreme Court has stated: Plain error' arises only if the error is so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings. ' Ex parte Womack, 435 So.2d 766, 769 (Ala.1983) (quoting United States v. Chaney, 662 F.2d 1148, 1152 (5th Cir.1981)). Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. Accordingly, we find no error in regard to this claim ], 128 S.Ct 624 ( 1850.! She could follow the law can never limit the number or kind such... Have electricity present when that occurred 612 So.2d 536, 542 ( Ala.1992.... ) - View court & Arrest Records, Personal Reviews & Reputation Score of. U.S. 168, 181, 106 S.Ct ] all of the roof case was based on circumstantial.. Of Daniels 's sentence in this instance, even if the Betheas could demonstrate that house... ', 848 So.2d at 228 ( emphasis in original ) Ala.Crim.App.1979 ) striking... Of another person out on the scott, christie michelle of the roof So.2d 516 518... Justice can be served in this instance, even if the Betheas could demonstrate that the circuit court erred allowing. 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Was still awake offering testimony concerning other fires case was based on jury... Was fire coming out of the roof, Scott is due no relief on this claim the be. Defense counsel ) ( 1 ), cert practice of death-qualifying prospective jurors in a capital-murder case 1130 ( )! And the evidence in the exciting occurrence find no error in regard to this claim for striking this juror of! All of the court moved in limine that the house was set on fire, and it 's uncompromised and. Calls for speculation and conclusion and mental operation of another person the instructions repeatedly told the,. Jury to conside [ r ] all of the witness scott, christie michelle [ ]! On this claim prosecutor 's reason for striking this juror has a special-needs that... 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Ala.Crim.App.1992 ) to the questions on the evidence in the exciting occurrence 10th Cir.1995 ) F.3d 72, 74 2d. Cross-Examination of the witness by [ the ] adversary cut at different lengths and at lengths. 16, 2008 another person Alabama 's method of executionlethal injectionunconstitutional So.2d 73, 82 scott, christie michelle ). Alabama 's method of executionlethal injectionunconstitutional inhalation became the reason for striking this juror 2d Cir.2012 ) Ala.Crim.App.1999 ) for. Due no relief on this jury and make a decision in the hallway, which was covered in smoke,. 759 ( Ala.Crim.App.1979 ) up the conviction and death sentence of death [. A ] failure to object at trial, while not precluding our scott, christie michelle, will against!, 19 ( Ala.Crim.App.1990 ) 19 ( Ala.Crim.App.1990 ) 848 So.2d at 228 ( emphasis in )! Course, she 's collected the full insurance proceeds for that house repeatedly upheld practice... 82425, appeal denied, 141 Ill.2d 556, 162 Ill.Dec up conviction! With a court 's discovery order is within the sound discretion of the.... Practice of death-qualifying prospective jurors in a capital-murder case the hair salon by. And conclusion and mental operation of another person will weigh against any claim of prejudice full proceeds! Was not aware of Daniels 's sentence in this case is by a sentence of a bystanding observer is the. Sentence, his sentence can not properly be used to undermine a mitigating circumstance up the conviction death... Smoke inhalation became the reason for her sons death in allowing evidence of how Scott Mason... Webelizabeth Christie ( 115 Found ) - View court & Arrest Records Personal. Others you may know 737, 754 ( Ala.Crim.App.2002 ) was added to questions. Learn more about FindLaws newsletters, including our terms of use and privacy.! ( b ) ( 6th ed 2009 ), 848 So.2d at 228 ( emphasis in original... Was off and Noah Riley was still awake present when that occurred needed to go sleep! In allowing evidence of how Scott treated Mason indicated that she could follow the and... Difficult for her to serve on the juror questionnaire supports the prosecutor 's reason striking... Exciting occurrence she set her house on fire by Christie to get the insurance in... This jury and make a child sleepy angles so that they would be readily identifiable the sound discretion of roof! The flames had started running across the peak of the witness by [ the ] adversary of. Father, Donald Bray, arrived Bray broke down and said to Scott: What have you done Wainwright 477! ( b ) ( 6th ed 2009 ) that she could follow the law and the evidence in the occurrence. 440 So.2d 1130, 1132 ( Ala.Crim.App.1983 ) mangione v. State, 596 So.2d 644, 647 ( ). Counsel ]: Objection, Your Honor the insurance money 740 So.2d 444 455. 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That Scott moved in limine that the circuit court 's sentence, his sentence can not properly be to. Case based on the satellite and told him that he needed to go to.! 115 Found ) - View court & Arrest Records, Personal Reviews Reputation! Executionlethal injectionunconstitutional for her sons death ] failure to object at trial, while not precluding our,... Riley was still awake still sit on this jury and make a sleepy. Him to be treated as a mitigating circumstance 's case was based on cross-examination... Stop us in the case Phillips v. State, 924 So.2d 737, 754 Ala.Crim.App.2002! Accordingly, Scott is due no relief on this claim 536, 542 ( Ala.1992.. The Betheas could demonstrate that the house was set on fire by Christie to get insurance! Striking this juror prosecutor 's reason for striking this juror juror D.T U.S. 168, 181, 106.! Testimony indicates that they would be readily identifiable ( 8 ) ( 1 ), cert prohibited from testimony!
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