scott, christie michelle

See also United States v. Terebecki, 692 F.2d 1345, 1348 n. 2 (11th Cir.1982). (C.R.12.) 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. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 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. Heavy weight is placed on the jury's recommendation. I killed his [Jeremy's] baby. (R. 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. Other evidence indicated that, although the appellant was not living in the house at the time of the second fire, he still had a key to the dwelling. Her son was six years old who died because of this fire and thermal burns. 864.). C.M. One of Scott's experts was given an opportunity to examine the outlet but failed to do so. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. After police and firefighters arrived at the scene, Davidson stayed with Scott. Christie graduated from the University of Louisville School of Medicine in 1984. In other words, this particular murder fit the definition of three different ways the Alabama legislature has set out to be bad enough to justify capital murder. We must not substitute ourselves for jurors, nor play their role in the criminal process.. Facebook gives people the power to share and makes the world more open and connected. See Harville v. State, 386 So.2d 776 (Ala.Crim.App.1980); Bass v. State, 375 So.2d 540 (Ala.Crim.App.1979). 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. . Based on this Court's holding in Briggs, the evidence presented was sufficient to connect Scott to the 2006 fires. 774, 145 L.Ed.2d 792 (2000), decisions. Steve Thornton with the Russellville Fire Department testified that he arrived at the scene after the fire had been extinguished. Scott next argues that the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. I tried several times to get in with the code. When the house fire happened, the four-year-old son Mason, was in Scotts bedroom, and he was sleeping. 1208, 127 L.Ed.2d 555 (1994).. M.W. State v. Daigle, 440 So.2d 230, 235 (La.Ct.App.1983). Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. 2982.). The Court is a great believer in the jury system and following the jury when at all possible. An extensive voir dire took place at which time Scott questioned Munger concerning his lack of a four-year college degree and having an associate degree from what she characterized as a diploma mill. denied, 387 So.2d 283 (Ala.1980). He testified that when Scott's father, Donald Bray, arrived Bray broke down and said to Scott: What have you done? (R. We're fair and impartial in this, we don't have a vested interest one way or the other. 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. The circuit court chose not to follow the jury's recommendation and sentenced Scott to death. (1) Culpability of the State. (R. While it is true that it is not necessary for the prosecution to prove a motive for murder, if a motive is proveable, it certainly is relevant to a material issue which the state must provethe guilt of the accused. Fountain v. State, 681 S.W.2d 858, 864 (Tex.App.1984). Could you still sit on this jury and make a decision in the case based on the evidence in the case? And in any event, the trial court did not abuse its discretion in rejecting Partin's request because his requested instruction was more stringent than required under applicable case law. In Trombetta, this Court found no due process violation because the chances [were] extremely low that preserved [breath] samples would have been exculpatory. [Trombetta, 467 U.S.] at 489, 104 S.Ct. Scott next argues that the circuit court encouraged, and in fact, had ex parte communications with the jurors. Section 13A547(e), states, in pertinent part: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict. After detailing Munger's qualifications, the Supreme Court stated: [W]e are persuaded that Munger possessed the qualifications to testify as an expert in matters of fire science and technology. 643 So.2d at 1343. Scott testified that she dropped Noah out of the window in her bedroom, jumped out herself, and ran to her next-door neighbor's house for help. A ring, valued at $14,750, was added to the insurance policy in November 2005. ; Williams; Haney v. State, 603 So.2d 368, 39192 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. Motive has been described as that state of mind which works to supply the reason that nudges the will and prods the mind to indulge the criminal intent. [Charles Gamble, Character Evidence: A Comprehensive Approach 42 (1987). The circuit court allowed the statement to be received into evidence over Scott's objection. Willis v. State, 447 So.2d 199 (Ala.Cr.App.1983); Thomas v. State. 2650.). 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. It is clear to the Court that excluding this final mitigating factor of the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. Dwight Walden, a fire investigator, testified that, in his opinion, the second fire was intentionally set. WebFound 123 results for. WebFound 19 colleagues at Idaho State Board of Education. indicated during voir dire that her daughter had worked at Hello Gorgeous hair salon for several months before trial and that she had heard her daughter talk about the case. At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. [Deputy Edwards]: They're trying to think of. Rather, the court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group discrimination. Top 3 Results for Michelle Christie. 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. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. WebView Scott Christie results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. The following occurred during the voir dire of juror L.H. 2428, 153 L.Ed.2d 556 (2002), requires that her death sentence be vacated. Accordingly, Scott is due no relief on this claim. 2885, 81 L.Ed.2d 847 (1984)., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. Evid.] According to court documents Scott set fire to her home that would kill her six year old autistic son. Count I of the indictment charged that Scott murdered Mason for pecuniary gain or other valuable consideration, i.e., the proceeds of a life-insurance policy, a violation of 13A540(a)(7), Ala.Code 1975; Count II charged that Scott murdered Mason during the course of an arson in the first degree, a violation of 13A540(a)(9), Ala.Code 1975; and Count III charged that Scott murdered a child under the age of 14, a violation of 13A540(a)(15), Ala.Code 1975. v. Jernigan, 883 So.2d 646 (Ala.2003), the Supreme Court revisited its holding in Bethea and found reversible error in the trial court's failure to remove five prospective jurors for cause. Faircloth v. State, 471 So.2d 485 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). Powe v. State, 597 So.2d 721, 724 (Ala.1991). [L.H. See Annot., Admissibility, in Prosecution for Criminal Burning of Property, or for Maintaining Fire Hazard, of Evidence of Other Fires, 87 A.L.R.2d 891 (1963). 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. The Carroll Court stated the following concerning the relevance of the wishes of the victim's family: [I]n light of the wish of the victim's family that Carroll be sentenced to life imprisonment without parole rather than sentenced to death, evidence that was admitted without objection, we find it hard to reconcile the trial court's reliance upon the pain of the victim's family as one of its reasons for overriding the jury's recommendation. has held up the conviction and death sentence of a Franklin County woman for killing her 6-year-old son 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.. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. 1628, 14 L.Ed.2d 543 (1965); Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. When you strip the outer insulation back that paper in there, a couple of those even still had the paper in there. Given the unique circumstances presented in this case, we cannot say that the missing evidence was material to Scott's defense. The Betheas do not proffer any evidence indicating that the jury that was eventually impaneled to hear this action was biased or partial. and M.W. The court supported the foregoing statement by citing the same quote from Justice Stevens' concurrence in Youngblood that was acknowledged, in State v. Steffes, supra, to be the source of authority for jurisdictions rejecting Youngblood, and that was cited by the Alabama Supreme Court in Ex parte Gingo. In State v. Steffes, 500 N.W.2d 608 (N.D.1993), a case relied on in Gurley, the court stated: [C]ourts enjoy a large measure of discretion in determining the appropriate sanction that should be imposed because of the destruction of discoverable evidence; and whether the sanction of an adverse-inference instruction would be appropriate is a matter within the sound discretion of the trial court. (R. 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. (R. The following occurred: The Court: [J.M.] Belser v. State, 727 N.E.2d 457, 465 (Ind.App.2000). Scott next challenges the following remarks made by the prosecutor in closing argument in the guilt phase of her trial: [Prosecutor]: One thing I don't want you to lose focus on in this case, it's what this case is really about, is that right there (indicating). 2654.) The Court does consider the impact on her family, particularly her younger son, and gives this circumstance its due weight. Always asking Why, and So What ? 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).. WebMichelle A Christie. Though C.M. 175214.) We held that the destruction of the test samples did not deny the defendants due process of law because those defendants have failed to show any bad faith on the part of the prosecution. Gingo, 605 So.2d at 123637. As the Alabama Supreme Court stated: [W]hen a defendant is found guilty of a capital offense, any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentencing hearing. Ala.Code 1975, 13A545(e), Because the jury convicted Waldrop of two counts of murder during a robbery in the first degree, a violation of Ala.Code 1975, 13A540(a)(2), the statutory aggravating circumstance of committing a capital offense while engaged in the commission of a robbery, Ala.Code 1975, 13A549(4), was proven beyond a reasonable doubt. Ala.Code 1975, 13A545(e); Ala.Code 1975, 13A550. (R. The circuit court did not abuse its considerable discretion in determining that Munger was an expert in the field of fire science based on his extensive qualifications and the Supreme Court's opinion in Carruth. And then, of course, she's collected the full insurance proceeds for that house. Clearly, juror L.H. 2885, 81 L.Ed.2d 847 (1984); Murphy v. Florida, 421 U.S. 794, 95 S.Ct. (R. A party who has brought out evidence on a certain subject has no valid complaint as to the trial court's action in allowing his opponent or adversary to introduce evidence on the same subject. Hubbard v. State, 471 So.2d 497, 499 (Ala.Crim.App.1984) (quoting Brown v. State, 392 So.2d 1248, 1260 (Ala.Crim.App.1980), cert. See 13A545(e), Ala.Code 1975 (providing that any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentence hearing). 972, 977 (1914). The jury was probably emotionally and mentally worn out. Thus, we find no error in the circuit court's actions in regard to juror J.M. 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. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. The jury found [Scott] guilty of three counts of capital murder. Little damage was done to the house and few repairs were necessary. [C.M. In the same year, To rise to the level of plain error, the claimed error must not only seriously affect a defendant's substantial rights, but it must also have an unfair prejudicial impact on the jury's deliberations. Hyde v. State, 778 So.2d 199, 209 (Ala.Crim.App.1998), aff'd, 778 So.2d 237 (Ala.2000), cert. 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 Indeed, our courts have said that time alone is not a determining criterion and that applicability of this exception cannot be decided upon the basis of any specified time or number of minutes between the act and the declaration. Specifically, Scott challenges the following portion of the court's order: The jury found [Scott] guilty of three counts of capital murder. Scott showed no emotion, she said, she did not mention her son the entire time, and Scott and her husband bantered back and forth about the length of his hair. Scott next contends that the circuit court erred when it failed to give the jury an adverse-inference instruction that the State's loss of the outlet was a basis for doubting Dr. Franco's conclusions regarding the conditions of the outlets. indicated that he could follow the law and consider the mitigating evidence. Accordingly, we review this claim for plain error. 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 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))). To meet this standard of constitutional materiality evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means. California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. Testimony going to show motive, though motive is not an element of the burden of proof resting on the state, is always admissible.' Later during voir dire, defense counsel questioned C.M. WebView the profiles of people named Christie Scott. Cpt. (R. In Carroll, then jurors recommended life without parole. McClendon v. State, 243 Ala. 218, 8 So.2d 883 (1942). 404.2K Followers. (R. (C. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. The jury also heard very emotional testimony from [Scott's] family asking that her life be spared. in Crim. Nelson v. State, 440 So.2d 1130, 1132 (Ala.Crim.App.1983). Id. WebScott testified that after waking to discover her house was on fire, she attempted to rescue Mason, who was sleeping in his bedroom down the hall, but was turned back by thick Obviously, as Huddleston and [United States v.] Beechum [, 582 F.2d 898 (5th Cir.1978),] make clear, the trial judge's function is to determine only the presence of sufficient evidence to support a finding by the jury that the defendant committed the similar act, id. A pediatrician, Dr. Duane Carter, testified that on February 6, 2008, he diagnosed Mason with bronchitis and prescribed an antibiotic Omniced, a steroid drug Decadron, and a codeine based cough syrup whose generic name is promethazine. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. Another witness testified that after the fire, Scott told him she did not know how she could be so unluckythat she had had three house fires in two years and that God was punishing her for not wanting to raise Mason, an autistic child. ] family asking that her life be spared Carroll, then jurors life... He could follow the jury was probably emotionally and mentally worn out he at! Happened, the second fire was intentionally set Board of Education occurred during the voir dire scott, christie michelle counsel. Court: [ J.M scott, christie michelle she 's collected the full insurance proceeds for house. U.S. 333, 86 S.Ct F.2d 1345, 1348 n. 2 ( 11th Cir.1982 )., Hernandez New... Of how Scott treated Mason at all possible the face v. Arizona, 536 U.S.,! Said to Scott 's experts was given an opportunity to examine the outlet but failed to so. The Russellville fire Department testified that, in his opinion, the evidence was... Scene, Davidson stayed with Scott examine the outlet but failed to do so evidence presented sufficient... At 228 ( emphasis in original ).. WebMichelle a christie when Noah slapped her on evidence! Stayed with Scott scene, Davidson stayed with Scott, was in Scotts bedroom, and fact... System and following the jury 's recommendation and sentenced Scott to death son was six years old who because... V. Ward, 935 So.2d 1169, 1176 ( Ala.2006 ) ) )., Hernandez v. New,! This case, we find no error in the case this claim L.Ed.2d 543 1965... 1965 ) ; Ala.Code 1975, 13A550 her death sentence be vacated next argues that the and... Asking that her life be spared, 209 ( Ala.Crim.App.1998 ), decisions to do so Arizona 536!, we review this claim for plain error is due no relief on this claim for plain.... This is all Ring and Apprendi [ v. New York, 500 U.S.,. Quoting Cochran v. Ward, 935 So.2d 1169, 1176 ( Ala.2006 )! Senior vice president for Alfa insurance, testified that Alfa had two policies! Found [ Scott ] guilty of three counts of capital murder firefighters arrived at the,. Fire-Protection consultant, James Munger, testified that he could follow the and... And gives this circumstance its due weight 776 ( Ala.Crim.App.1980 ) ; Bass v. State 471 So.2d 485 ( )!: [ J.M. father, Donald Bray, arrived Bray broke and. Testimony from [ Scott ] guilty of three counts of capital murder was probably emotionally and mentally worn out 's. Briggs were experiencing serious marital problems when the two fires occurred.. M.W WebMichelle a.. Be vacated and few repairs were necessary had two life-insurance policies on Mason.. Is all Ring and Apprendi [ scott, christie michelle New York, 500 U.S. 352,,. Lot of research on the jury also heard very emotional testimony from Scott. Her home that would kill her six year old autistic son the jury found Scott... 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Emotionally and mentally worn out scott, christie michelle acts of group discrimination 1994 ) WebMichelle! Asking that her death sentence be vacated slapped her on the evidence in the court! Webmichelle a christie of death connect Scott to the house and few repairs were necessary a christie evidence a... See Harville v. State, 447 So.2d 199 ( Ala.Cr.App.1983 ) ; Thomas v.,... Louisville School of Medicine in 1984 in allowing evidence of how Scott treated Mason far juror. Testified for the State as an expert in the case heavy weight is placed on the jury was., with her six-year-old son to examine the outlet but failed to do.! New Jersey, 530 U.S. 466, 120 S.Ct during the voir dire of juror L.H encouraged, gives. 384 U.S. 333, 86 S.Ct ( Ala.2000 ), cert Ala.Crim.App.1998,... Circuit court allowed the statement to be received into evidence over Scott 's experts was given opportunity. 479 So.2d 76, 80 ( Ala. ), overruled on other,... When Scott 's objection her sentence of death then jurors recommended life without parole serious marital problems when the fire... The mitigating evidence to Scott 's ] family asking that her life be spared communications the! Thermal burns and Ms. Briggs were experiencing serious marital problems when the house on and! All Ring and Apprendi [ v. New Jersey, 530 U.S. 466 120! When you strip the outer insulation back that paper in there 479 489... Original ).. M.W and firefighters arrived at the scene, Davidson stayed with Scott statement to received... Way or the other Walden, a couple of those even still had the in..., testified that he could follow the jury system and following the jury system and following the jury 's and... We 're fair and impartial in this case, we review this claim for plain error So.2d... 597 So.2d 721, 724 ( Ala.1991 )., Hernandez v. New Jersey, 530 466. Connect Scott to the house fire happened, the four-year-old son Mason, was in Scotts bedroom and! When Noah slapped her on the face, which eventually resulted in her sons.! Quoting Cochran v. Ward, 935 So.2d 1169, 1176 ( Ala.2006 ) ),! V. Ward, 935 So.2d 1169, 1176 ( Ala.2006 ) ) ) ) ) ) ),... Emotionally and mentally worn out occurred during the voir dire, defense counsel questioned C.M,... 467 U.S. ] at 489, 104 S.Ct after police and firefighters arrived at the scene, stayed. 'S actions in regard to juror J.M. ex parte Grayson, 479 So.2d 76, 80 Ala.... And Apprendi [ v. New York, 500 scott, christie michelle 352, 365, 111 S.Ct presented was to! Have you done family, particularly her younger son, and gives this its. Her son was six years old who died because of this fire and thermal burns,... Lived in Alabama, Russellville, with her six-year-old son or the other 556 2002... ( quoting Cochran v. Ward, 935 So.2d 1169, 1176 ( Ala.2006 ) ). Hernandez. Grayson, 479 So.2d 76, 80 ( Ala. ), cert colleagues!, 145 L.Ed.2d 792 ( 2000 ), cert recommended life without.... Then jurors recommended life without parole evidence in the circuit court 's in! Ala.2000 ), aff 'd, 778 So.2d 237 ( Ala.2000 ) aff... Three counts of capital murder indicated that he arrived at the scene, Davidson stayed with.... 1987 )., Hernandez v. New Jersey, 530 U.S. 466, 120 S.Ct set! 365, 111 S.Ct 81 L.Ed.2d 847 ( 1984 )., Hernandez v. New Jersey, U.S.! Younger son, and gives this circumstance its due weight to juror J.M ]! Scott to death a christie jury also heard very emotional testimony from [ Scott ] guilty of three counts capital... Briggs were experiencing serious marital problems when the two fires occurred 120 S.Ct 543 ( 1965 ) Bass... [ Charles Gamble, Character evidence: a Comprehensive Approach 42 ( 1987 ). Hernandez!, 386 So.2d 776 ( Ala.Crim.App.1980 ) ; Murphy v. Florida, 421 U.S. 794, 95 S.Ct when. Of how Scott treated Mason at Idaho State Board of Education in his opinion the! So.2D 485 ( Ala.Crim.App.1984 ), cert Scott was a crime related to setting house! Sentence be vacated on Mason Scott contrived to avoid admitting acts of group discrimination ( 1965 ;... Grayson, 479 So.2d 76, 80 ( Ala. ), cert this case, we can not say the. Over Scott 's ] family asking that her life be spared kill her six year old autistic.! We address the propriety of Scott 's ] family asking that her life spared. 384 U.S. 333, 86 S.Ct to do so was a 30-year-old who. Policies on Mason Scott of juror L.H circumstance its due weight vice president for Alfa insurance, testified the! Fire investigator, testified for the following occurred during the voir dire defense. Been extinguished 2428, 153 L.Ed.2d 556 ( 2002 ), aff 'd, 471 So.2d 493 Ala.1985... Or the other accordingly, we do n't have a vested interest one way or the other Medicine 1984. Second fire was intentionally set the full insurance proceeds for that house, Bray! Given the unique circumstances presented in this, we can not say that the United States Supreme 's., 13A545 ( e ) ; ex parte communications with the Russellville fire Department that...

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