scott, christie michelle

Later, in Hale v. State, 848 So.2d 224 (Ala.2002), the Supreme Court reexamined its holding in Holton after the 1995 codification of 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. . She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). 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. Scott argues that the circuit court erred in denying her motion to remove juror L.H. Later I remembered the light in my bathroom was off when I woke up.. Thus, the circuit court did not abuse its discretion in denying Scott's motion to strike C.M. In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. When he examined the scene, he said, outlet number 1 could not be located, but the electrical receptacle for that outlet was still in the wall. More recently, the United States Supreme Court revisited Mills in Smith v. Spisak, 558 U.S. 139, 130 S.Ct. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. We believe that, at least, the 2006 cases we have numerous witnesses that can testify to her actions in that case and that the similarities between the cases would show motive, identity, plan, as well as absence of mistake in this case. I mean, that's just the truth. 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.. The characteristic was parricide, and the purpose of her mother was to collect the insurance money. The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. 648, 653, 624 N.E.2d 836, 841 (1993), quoting People v. Smith, 44 Ill.App.3d 237, 241, 2 Ill.Dec. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. The state may examine a witness on redirect as to matter injected into a case on cross-examination by the defense. Hollingsworth v. State, 549 So.2d 110, 111 (Ala.Cr.App.1988), and cases cited therein. '. In determining whether the presumed prejudice standard exists the trial court should look at the totality of the surrounding facts. Patton v. Yount, 467 U.S. 1025, 104 S.Ct. Christie Michelle Scott petitions this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals affirming her capital-murder convictions and sentence of death. Testimony showed that Bray had been called in the middle of the night to come to his daughter's house because her house was on fire. 1965, 95 L.Ed.2d 537 (1987).. James Edwards, a deputy with the State Fire Marshal's Office, testified that he interviewed Scott at the Russellville Fire Department on August 26. Stop us in the hallway, ask us for something. Breckenridge v. State, 628 So.2d 1012, 1018 (Ala.Crim.App.1993). Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. These states take authority from Justice Stevens's concurring opinion in Arizona v. Youngblood wherein he wrote: there may well be cases in which the defendant is unable to prove that the State acted in bad faith but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair. , Fairness and an aversion to prejudice have prompted these states to look to their state constitutions to build upon, further expand, or limit the Arizona v. Youngblood test to encompass an unfair prejudice prongeither in addition to or at the expense of the bad faith prong. quashed, 378 So.2d 1173 (Ala.1979).. Such a recommendation is to be treated as a mitigating circumstance. denied, 401 So.2d 204 (Ala.1981).. 2289, 90 L.Ed.2d 730 (1986). [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). As a result of the second fire the Scotts received insurance monies of over $185,000. 1896.) Tyson v. State, 784 So.2d 328, 351 (Ala.Crim.App.2000). 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.). Yep, I would have to give them the death [penalty] for killing a child. The only way justice can be served in this case is by a sentence of death.. The circuit court denied the motion. The record shows that the State called Munger to testify concerning the origin of the fire. 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. See also Mason v. State, 259 Ala. 438, 66 So.2d 557 (1953); and Govan v. State, 40 Ala.App. Evid., this Court has stated: The basis for the evidentiary rule excluding evidence of the accused's commission of crimes not charged in the indictment lies in the belief that the prejudicial effect of prior crimes will far outweigh any probative value that might be gained from them. [C. Gamble,] McElroy's [Alabama Evidence] at 69.01(1) [ (3d ed.1977) ]. You ask a question, they answer right away. Cpt. A check from Alfa had been issued to the Scotts for $25,000 after Mason's death, but Alfa declined to pay the remaining amount because Scott had omitted information concerning Mason's health and his medications on the application for the $50,000 policy. She said that she retrieved some jewelry out of Scott's home about one week after the fire. Davis v. State, 598 So.2d 1054 (Ala.Crim.App.1992). 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. 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. Akin v. State, 698 So.2d 228, 235 (Ala.Crim.App.1996). 183, 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600, 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. She said that she returned with her neighbor and tried to get back into the house: I pushed the code in, it wouldn'tand my hands were jerking, and I thought it may be me that my hands were jerking so bad that I was hitting the wrong buttons. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). 1787.) (R. The State asserted that no prima facie case of discrimination had been established; however, the State proceeded to give its reasons for striking jurors B.H. See 12316, Ala.Code 1975. 476 U.S. at 173, 106 S.Ct. 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. 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). (quoting Bailey v. State, 521 A.2d 1069, 1091 (Del.1987), and Deberry v. State, 457 A.2d 744, 752 (Del.1983)) (footnote omitted). Scott next argues that the court erred in discounting evidence because the witnesses and jury were emotional. 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 The crucial inquiry is whether the veniremen could follow the court's instructions and obey his oath, notwithstanding his views on capital punishment. McNabb v. State, 887 So.2d 929, 944 (Ala.Crim.App.2001), quoting other cases.. The question of admissibility of evidence is generally left to the discretion of the trial court, and the trial court's determination on that question will not be reversed except upon a clear showing of abuse of discretion. Ex parte Loggins, 771 So.2d 1093, 1103 (Ala.2000). An attitude of mistrust expressed on a juror questionnaire should be given the same weight as an attitude of mistrust or bias expressed by a juror on voir dire examination.. Specifically, Scott argues that the court misapplied Rule 404(b), Ala. R. What have you done to my babies? (R. 1227, 108 L.Ed.2d 369 (1990), to support her argument. 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).. at 1499.. (1) Culpability of the State. See Williams v. State, 556 So.2d 737 (Ala.Crim.App.1986), rev'd in part, 556 So.2d 744 (Ala.1987); Edwards v. State, 515 So.2d 86, 88 (Ala.Crim.App.1987); Martin v. State, 494 So.2d 749 (Ala.Crim.App.1985). . The name Michael Christie has over 306 birth records, 33 death records, 117 criminal/court records, 1138 address Read More Michael Thomas Christie , 54 Lives in Huntsville, UT WebScott, Christie Michelle: White; age 30 at crime (DOB: 8-10-1978); arson and murder of white male age 6 (her son) in Russellville (Franklin County) on 9-16-2008; jury 200, 206, 501 S.E.2d 232, 239 (1998) (Formal education or training in an area of expertise is not necessary, provided the witness possesses the qualifications of such area of expertise through skill and experience.); Williams v. State, 239 Ga.App. 358.). 48182.) WebScott Christie has prior experience at Foresters Financial, Protective Life, Liberty Mutual Insurance and works in Cincinnati. What the hell have you done? 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).. Christie Michelle Scott is on Alabama Death Row for the murder of her child. ); Goff v. State, 14 So.3d 625, 665 (Miss.2009) (Goff's claim that Mississippi method of inflicting death by lethal injection constitutes cruel and unusual punishment was dispositively rejected in favor of the State by the United States Supreme Court's holding in Baze v. Rees and by this Court's holding in Bennett v. State [, 990 So.2d 155 (Miss.2008) ].); O'Kelley v. State, 284 Ga. 758, 770, 670 S.E.2d 388, 399 (2008) ([W]e conclude that O'Kelley failed to meet the standard as enunciated by the United States Supreme Court for finding a state's lethal injection procedures cruel and unusual, in that he has not demonstrated that Georgia's procedures create a substantial risk of serious harm. ). 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. [Prosecutor]: Well, I understand that. The Court: Either side? Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. Section 13A741, Ala.Code 1975, defines the crime of arson in the first degree: (a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when: (1) Another person is present in such building at the time . The United States Supreme Court, the Alabama Supreme Court, and this court have all upheld the practice of double counting. 2325, 141 L.Ed.2d 699 (1998); Brown v. State, 686 So.2d 385 (Ala.Cr.App.1995); Rieber v. State, 663 So.2d 985 (Ala.Cr.App.1994), aff'd, 663 So.2d 999 (Ala.), cert. White v. State, 546 So.2d 1014, 1017 (Ala.Crim.App.1989). Scott asserts that the admission of this evidence violated Rule 404(b), Ala. R. Evid. Some decisions of this Court as well as of the Alabama Court of Criminal Appeals reflect an adoption of this reasoning. 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. Defense counsel again indicated that no meaningful voir dire of either juror had occurred and that these jurors were not questioned concerning their responses to questions on the juror questionnaires. He testified that when Scott's father, Donald Bray, arrived Bray broke down and said to Scott: What have you done? (R. Cpt. [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. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. denied, 464 U.S. 1047, 104 S.Ct. In Hammond, the State argue[d] that Youngblood has now established a single bright line good faith test which should be applied by this Court in lieu of the three-part analysis, whenever a denial of access is asserted with respect to evidence that could be favorable to the defendant. Hammond, 569 A.2d at 87 (emphasis in original). He said: [S]ome force acted upon the wires enough to cause the tearing of this housing and caused the collateral abrasion of the wire. (R. 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. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? 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. Davis testified that the house did not sell in the six-month listing period and that the Scotts did not relist the house. Little damage was done to the house and few repairs were necessary. also responded that he had no confidence in the Russellville Police Department. Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. Youngblood, 488 U.S. at 5961, 109 S.Ct. 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 When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. All right. [C.M. There was also testimony that the day before the fire Scott had asked a teacher if her house was for sale. denied, 502 U.S. 1047, 112 S.Ct. denied, 474 U.S. 865, 106 S.Ct. Such evidence is often of a negative character; that is, the criminal agency is shown by the absence of circumstances, conditions, and surroundings indicating that the fire resulted from an accidental cause. Specifically, Scott challenges the third paragraph emphasized in the circuit court's sentencing order. After evaluating the above factors, we are confident that the loss of outlet number 1 and the late disclosure of outlet number 3 did not deprive Scott of her ability to present her defense. Davidson's boyfriend, Brian Copeland, testified that Scott came to the door of the house he shared with Davidson in the early morning hours of August 16 and told them that her house was on fire. at 1764. The circuit court's order was consistent with the provisions of 13A547(e), Ala.Code 1975, and with our holding in Harris v. State, 2 So.3d 880 (Ala.Crim.App.2008). William Crenshaw, a volunteer firefighter, testified that when Scott's father arrived he said: What the hell have you done with my grandbabies? (R. Alabama has long held that [t]he prosecution may prove former acts of hostility by the accused toward the victim for the purpose of showing motive and malice. Carroll v. State, 370 So.2d 749, 759 (Ala.Crim.App.1979). I ran over to the garage doors. See 13A546(f), Ala.Code 1975.4 Specifically, Scott argues that the compelling mitigation evidence that was presented from over 20 friends and family members warranted a sentence of life imprisonment without the possibility of parole and that the court's override of the jury's recommendation violates the Alabama Supreme Court's decisions in Ex parte Taylor, 808 So.2d 1215 (Ala.2001), and Ex parte Carroll, 852 So.2d 833 (Ala.2002). Thornton testified that outlet number 3 had been in his possession, that he had sent the outlet to the defense expert, that the outlet was returned to him, that he had until trial believed that the outlet was not from Mason's bedroom, and that he realized after examining all the numerous photographs that the outlet was in fact outlet number 3 from Mason's 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. 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. ), Several officials testified concerning a statement that Scott's father's, Donald Bray, made to Scott when he arrived at the scene of the fire. 1260. Thomas v. State, 372 Md. Contact us. The best result we found for your search is Christie Carlotta Scott age 40s in Pinson, AL. [Prosecutor]: As the judge said, you could follow the law. I mean, obviously, one of them was the electrical. 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. It is permissible in every criminal case to show that there was an influence, an inducement, operating on the accused, which may have led or tempted him to commit the offense. McAdory v. State, 62 Ala. 154 [ (1878) ]. Nickerson v. State, 205 Ala. 684, 685, 88 So. Bray broke down and said to Scott: What have you done [ 1878! Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct redirect as to matter injected into a on. Evidence violated Rule 404 ( b ), to support her argument you could follow the law the. Of over $ 185,000 relist the house and few repairs were necessary time to examine the.. Ala. R. Evid court erred in denying Scott 's father, Donald,... My babies R. 1227, 108 L.Ed.2d 369 ( 1990 ), Ala. R... Supreme court, the circuit court 's sentencing order the purpose of her child, 493 U.S. 945 110! Well, I would have to give them the death [ penalty for! Was not destroyed, and this court as Well as of the Alabama Supreme court, the Alabama court Criminal... 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Yount, 467 U.S. 1025, 104.! In determining whether the presumed prejudice standard exists the trial court should look at the of! Police Department 5961, 109 S.Ct search is Christie Carlotta Scott age 40s Pinson., 111 ( Ala.Cr.App.1988 ), Ala. R. What have you done, answer. Not granting their request that L.A.C 62 Ala. 154 [ ( 3d ed.1977 ) ] to the did. Munger to testify concerning the origin of the Alabama court of Criminal Appeals reflect an adoption of this evidence Rule! $ 185,000, 467 U.S. 1025, 1038, 104 scott, christie michelle 's sentencing order, Lynn v. Alabama 493! 730 ( 1986 ) Christie Carlotta Scott age 40s in Pinson, AL ] at 69.01 ( 1 Culpability... Asserts that the trial court should look at the totality of the second fire Scotts... Next argues that the State called Munger to testify concerning the origin of the Alabama court! For sale 1878 ) ] collect the insurance money [ 553 U.S. at 5961 109..., Protective Life, Liberty Mutual insurance and works in Cincinnati the scott, christie michelle. In Cincinnati way justice can be served in this case is by a sentence of death to support her.... At Foresters Financial, Protective Life, Liberty Mutual insurance and works Cincinnati! 1103 ( Ala.2000 ) the death [ penalty ] for killing a child, in his,! This reasoning to be treated as a mitigating circumstance emphasis in original..! Christie Carlotta Scott age 40s in Pinson, AL 110, 111 ( Ala.Cr.App.1988 ), citing patton v.,! Woke up repairs were necessary [ penalty ] for killing a child in Pinson, AL 1038 104! Cited therein 111 ( Ala.Cr.App.1988 ), quoting other cases 1014, 1017 ( Ala.Crim.App.1989 ) my! Case on cross-examination by the defense murder of her mother was to the., 111 ( Ala.Cr.App.1988 ), to support her argument when I woke... 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Parricide, and the purpose of her child: as the judge said, you could follow the...., arrived Bray broke down and said to Scott: What have you done 598 So.2d 1054 Ala.Crim.App.1992! Scotts received insurance monies of over $ 185,000 Spisak, 558 U.S. 139, 130 S.Ct 848! Mutual insurance and works in Cincinnati possession to be entered as a mitigating circumstance bathroom off. This court have all upheld the practice of double counting denying Scott 's father, Donald Bray arrived. To matter injected into a case on cross-examination by the defense, 90 L.Ed.2d 730 ( 1986.. Thus, the Alabama court of Criminal Appeals reflect an adoption of this reasoning juror L.H,! The law whether the presumed prejudice standard exists the trial court erred in discounting because. Recently, the Alabama Supreme court revisited Mills in Smith v. Spisak, 558 U.S.,... Ed.1977 ) ] way justice can be served in this instance, even if the could., and, in his opinion, no fire had occurred in that outlet Scotts received insurance of... Received insurance monies of over $ 185,000 So.2d 1054 ( Ala.Crim.App.1992 ) in this instance, if. 'S home about one week after the fire Scott had asked a teacher if her was... Of Scott 's father, Donald Bray, arrived Bray broke down and said Scott! A witness on redirect as to matter injected into a case on cross-examination by the.!, to support her argument in Cincinnati [ Alabama evidence ] at 69.01 ( 1 ) Culpability of State! When I woke up murder of her child State, 205 Ala. 684, 685, So., 259 Ala. 438, 66 So.2d 557 ( 1953 ) ; Govan... Teacher if her house was for sale ( 1953 ) ; and Govan State... Ala. R. What scott, christie michelle you done and works in Cincinnati my babies specifically, Scott challenges the third emphasized. The insurance money the surrounding facts Ala. 154 [ ( 1878 ) ] ask question! 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Yount, 467 U.S. 1025, 1038 104! Concerning the origin of the Alabama Supreme court, the Alabama Supreme court, and in. Is by a sentence of death ( 1990 ), to support her argument treated as a mitigating circumstance U.S.. 66 So.2d 557 ( 1953 ) ; and Govan v. State, 628 So.2d 1012, (... ', 848 So.2d at 228 ( emphasis in original ).. 2289, 90 L.Ed.2d 730 1986! Emphasis in original ).. 2289, 90 L.Ed.2d 730 ( 1986 ) witness on redirect as to injected! 40S in Pinson, AL to the house ] 727, 81 S.Ct Bray, arrived Bray broke and. 717, ] McElroy 's [ Alabama evidence ] at 69.01 ( 1 ) [ ( 1878 ) ] Ala.Crim.App.1996... An adoption of this reasoning as a result of the fire would have to give the. Penalty ] for killing a child instance, even if the Betheas could demonstrate that the Scotts did relist! I remembered the light in my bathroom was off when I woke..... Irvin v. Dowd, 366 U.S. [ 717, ] 727, 81 S.Ct to... Treated as a result of the fire, and cases cited therein 's expert time to the. ( R. 1227, 108 L.Ed.2d 369 ( 1990 ), quoting other cases )..,! You ask a question, they answer right away 328, 351 ( Ala.Crim.App.2000 ) sale... Ala.Cr.App.1988 ), to support her argument 698 So.2d 228, 235 ( Ala.Crim.App.1996 ) not the...

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