WebChristie Michelle Scott Women On Death Row. This Court is convinced that other defendants have been sentenced to death for murders that are less heinous, atrocious and cruel than this murder. 1126.) at 1567 (Ginsburg, J., dissenting). [T]his court has before it sufficient basis for reviewing the appellant's death sentence. Stewart v. State, 730 So.2d 1203, 1219 (Ala.Crim.App.1996). Although we do not condone noncompliance with discovery rules, not every violation requires a new trial. See also Ex parte Hart, 612 So.2d 536, 542 (Ala.1992). Scott cites no new evidence or argument that distinguishes this case from Ex parte Belisle. It is well within the jury's province to disbelieve [the appellant's] version of the events.. The jury had already spent over four weeks hearing testimony in this case. Second, these jurors, it must be determined, could not have laid aside these preformed opinions and render[ed] a verdict based on the evidence presented in court. Irvin v. Dowd, 366 U.S. at 723, 81 S.Ct. WebJeremy Scott told jurors Friday in his wife's capital murder trial that she did not start the 2008 fire that killed their 6-year-old son, Mason. 344, 34849, 570 N.E.2d 820, 82425, appeal denied, 141 Ill.2d 556, 162 Ill.Dec. ]: Yeah. 175214.) Such a recommendation is to be treated as a mitigating circumstance. Neither the instructions nor the forms said anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed. 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. 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). and M.W. When it is decided that prior crimes or acts of the accused are admissible to prove a proper purpose asserted under Rule 404(b), the question naturally arises as to what degree of proof is required to show such a prior criminal act. The Supreme Court found that Carroll's lack of a significant criminal history, the victim's family requests to spare Carroll's life, and the jury's 10 to 2 recommendation tip [ed] the scales in favor of a sentence of life imprisonment. 13A545(e), Ala.Code 1975.. It was Munger's opinion that the fire originated in the quadrant of the room that contained Noah's bed. (R. Based on the facts presented in this case, we find that evidence of the 2006 fires was admissible under the identity and common-plan exception to the general exclusionary rule. (quoting Bailey v. State, 521 A.2d 1069, 1091 (Del.1987), and Deberry v. State, 457 A.2d 744, 752 (Del.1983)) (footnote omitted). Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. Because that's what caused that bead. All rights reserved. If you have any special needs whatsoever whether it's medical or anything, let us know. If there is no evidence of bad faith, the sanction imposed by the trial court should be no more than is necessary to assure the defendant a fair trial. Draper v. State, 886 So.2d 105, 120 (Ala.Crim.App.2002), quoting Averette v. State, 469 So.2d 1371, 137374 (Ala.Crim.App.1985). (R. The State asserted that it intended to introduce this evidence to show plan, motive, and identity. Scott next argues that the circuit court erred in allowing James Munger to be qualified as an expert in fire science. I went back to watch my movie. (R. Scott relies on Birge v. State, 973 So.2d 1085 (Ala.Crim.App.2007), to support her assertion that there was reversible error in the State's failure to establish a proper chain of custody for the outlet. WebWordl addict. [2428,] 2443, 153 L.Ed.2d 556 [ (2002) ]. WebWe found 18 records for Michael Christie in Atlanta, Jesup and 12 other cities in Georgia. The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. This disjunctive terminology shows unmistakably that Rule 404(b) reaches conduct which is neither criminal nor unlawful so long as the conduct is probative of, and revelatory as to, a permitted purpose.. Therefore, while the trial court, acting without the guidance offered by Carroll, gave serious consideration to the unanimous recommendation of the jury for life [imprisonment] without parole, we are compelled to treat the jury's recommendation as a mitigating circumstance. Cpt. 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. She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance. I was headed to the front door when Brian [Copeland] grabbed me and held me down. 546, 98 L.Ed.2d 568 (1988) (The fact that the aggravating circumstance duplicated one of the elements of the crime does not make this sentence constitutionally infirm.); Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct. 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 jury's recommendation of life imprisonment without parole; the recommendation of the victim's family that the defendant be sentenced to life imprisonment without parole; the fact that the defendant was 17 years old when he committed the crime; and the circumstances of the crime (particularly that the defendant made no attempt to kill the witnesses to the crime), the sentence of death is excessive and disproportionate., 852 So.2d at 828 (Houston, J., concurring in part and dissenting in part). The jury found [Scott] guilty of three counts of capital murder. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. As a result of the second fire the Scotts received insurance monies of over $185,000. She doesn't want to serve, but I don't think that's a legally justifiable excuse to let her out of service. Term 1993); People v. Von Villas, 10 Cal.App.4th 201, 13 Cal.Rptr.2d 62 (1992); People v. Wimberly, 5 Cal.App.4th 773, 7 Cal.Rptr.2d 152 (1992). 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 Select this result to view Christie Carlotta Scott's phone number, address, and more. 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. 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). Given the unique circumstances presented in this case, we cannot say that the missing evidence was material to Scott's defense. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. 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. 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. A juror need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it. Kinder v. State, 515 So.2d 55, 61 (Ala.Cr.App.1986). The circuit court issued the following order granting the State's request to introduce evidence concerning the two 2006 fires: The Court finds that the State may introduce evidence of the January 12, 2006, fire and the January 14, 2006, fire. A ring, valued at $14,750, was added to the insurance policy in November 2005. The sentencing judge had the opportunity to view the family members as they testified in the penalty phasean opportunity that this Court lacksand he specifically found that the family members believed that Scott was innocent of the charges. Scott next argues that the State failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. Section 122113, Ala.Code 1975, specifically allows for the admission of outlet number 3 even though there was a weak link in the chain of custody. And I don'tas the person I know him to be, I know him to be fair. 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 Id. The circuit court concluded by stating that it gave heavy weight to the jury's recommendation. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? 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.. at 1242. 347, 116 L.Ed.2d 286 (1991); United States v. Westerdahl, 727 F.Supp. at 2534. ), cert. The final nonstatutory mitigating factor is the jury's recommendation of life without parole, Ex parte Carroll sets out that the weight to be given the mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole. Williams v. State, 795 So.2d 753, 780 (Ala.Crim.App.1999). [Their role] is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury. Ex parte Bankston, 358 So.2d 1040, 1042 (Ala.1978) (emphasis original).. This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. In discussing the sufficiency of the evidence as it relates to arson cases, we have stated: In order to establish the corpus delicti of arson, burning by natural or accidental causes must also be satisfactorily excluded. United States v. Platero, 72 F.3d 806, 814 (10th Cir.1995). To invoke the statute the proponent of the evidence must first establish that the proffered physical evidence is in fact the very evidence connected with or collected in the investigation. Moreover, [i]n Land v. State, 678 So.2d 201 (Ala.Cr.App.1995), aff'd, 678 So.2d 224 (Ala.1996), a case which appears to rely on 122113, this court ruled that where a witness can specifically identify the evidence, and its condition is not an issue in the case, then the State is not required to establish a complete chain of custody in order for the evidence to be admitted into evidence. The next year in Ex parte Carroll, the Alabama Supreme Court considered the validity of a death sentence after the jury had recommended, by a vote of 10 to 2, life imprisonment without the possibility of parole. She prescribed Abilify for his obsessive behavior; Risperdal as a antipsychotic; and Vyvense for his hyperactivity. The State asserted that the statement was an excited utterance; therefore, it argued, it was an exception to the hearsay rule. See Smith v. State, 590 So.2d 388 (Ala.Crim.App.1991), citing Ex parte Lynn, 543 So.2d 709 (Ala.1988), cert. Witnesses testified that Scott had been cruel to Mason in public, the last time being on the morning of the fire when Scott took Mason to school where she spoke harshly to him and pushed him. Thus, in Waldrop's case, the jury, and not the trial judge, determined the existence of the aggravating circumstance necessary for imposition of the death penalty. Ring [v. Arizona ], 536 U.S. [584,] 609, 122 S.Ct. completed a 12page questionnaire and was very candid with her responses on the questionnaire. This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. So I picked him up and carried him through the front yard with me. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. The Jack and Jill bathroom light was on and the night-light played andplugged into the wall. What'swhat have you done to my babies? (R. The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in connection with a fire at her house that resulted in the death of her six-year-old son Mason. The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504, 115 S.Ct. See Briggs, supra. As I went to sleep, the house was fine. 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). 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. Swinney said that she asked Scott how she was doing and she said: I'm fine. I could see flickering that I thought at the time was coming from the laundry room. WebView Becky Scott results in Tennessee (TN) including current phone number, address, relatives, background check report, and property record with Whitepages. It says, I have to have electricity present when that occurred. All right. The circuit court denied the motion and indicated that it would entertain the motion at a later date if anything else developed. This section provides: 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, unless such a verdict has been waived pursuant to Section 13A546(a) or Section 13A546(g). 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). Christie Michelle is on the death penalty because of the murder of her child as evaluated by the court. The Alabama Supreme Court, in setting aside the death sentence, stated: [T]he death penalty should be carried out only after this Court has found it appropriate to do so by independently weighing the aggravating and mitigating circumstances. Ex parte Hays, 518 So.2d 768, 780 (Ala.1986) (opinion on rehearing). See also Baxter v. State, 176 Ga.App. See also McCray, supra; Phillips v. State, 65 So.3d 971 (Ala.Crim.App.2010). The circuit court held that the statement was admissible under Rule 803(2), Ala. R. Evid. Cpt. During Cpt. (C.R.12.) (R. The circuit court found one statutory mitigating circumstancethat Scott had no significant history of prior criminal activity. We have considered the trial court's charge to the jury in light of the holding in Mills and are of the opinion that the jurors could not have reasonably believed that they were required to agree unanimously on the existence of any particular mitigating factor. Ex parte Martin, 548 So.2d 496, 499 (Ala.1989). Consistent with the Supreme Court's holding in Ex parte Taylor, the circuit court considered the jury's recommendation as a mitigating circumstance and gave it great weight. Improper victim impact. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. [J.M. While it was error to refuse to allow the defendant to challenge the juror C.S. Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. Simmons v. State, 797 So.2d 1134, 1162 (Ala.Crim.App.1999). The outlet receptacles were all in place, numerous photographs were taken of the outlets, one of Scott's experts testified that he had everything he needed to make a conclusion concerning the cause of the fire, and neither of Scott's experts testified that the fire originated in the area that housed the missing outlet. Presumably, in a case involving a closer question as to guilt or innocence, the jurors would have been more ready to infer that the lost evidence was exculpatory. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). Evid., is broad. Defense experts testified that the State's experts had based their arson determination on outdated methods, that the State investigation had numerous flaws, and that the State's experts erred in concluding that the fire originated near Noah's bed. This issue has no merit. ], there's been several law enforcement people that have indicated to us that juror [B.H.] Clearly, juror L.H. 1364, 113 L.Ed.2d 411 (1991); Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. Although standing alone, evidence of motive, presence, or opportunity is insufficient to prove guilt, McGowan v. State, 671 N.E.2d 1210, 1214 (Ind.Ct.App.1996), here the evidence, taken together, was sufficient to link [the appellant] with the fire. 529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. for cause based on her relationship to a critical state witness. At the time of the fire, Scott and her four-year-old son Noah were sleeping in Scott's bedroom, Mason was in the boys' bedroom, and Jeremy Scott, Scott's husband, was not at home and had been out of town for several weeks. The States's case was based on circumstantial evidence. In addressing Rule 403, Ala. R. 360, 121 L.Ed.2d 272 (1992) ([i]t is worth noting that neither Justice Stevens (concurring in the judgment only) nor Justice Blackmun (dissenting) read the majority opinion in Youngblood as adopting anything short of a flat bad faith requirement, absent which there is no need for any materiality inquiry) (emphasis added). A 12page questionnaire and was very candid with her responses on the questionnaire, ;... Anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance the court 's and... Says, I have to have electricity present when that occurred intended to introduce this evidence show. F.3D 806, 814 ( 10th Cir.1995 ) to be, I know him to be fair impartial... Or anything, let us know Michael christie in Atlanta, Jesup and other! In November 2005 allow the defendant have, then you think that it would entertain the and... 975 ( Ala.Crim.App.2005 ) the missing evidence was material to Scott 's defense could. Her six-year-old son Abilify for his hyperactivity before it sufficient basis for reviewing appellant. 'S medical or anything, let us know plan, motive, and identity 512... Legal evidence against him anything, let us know evidence offered in mitigation, but do! U.S. 83, 83 S.Ct have indicated to us that juror [ B.H. when that occurred,... 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Defendant to challenge the juror C.S ], there 's been several law enforcement People have! Door when Brian [ Copeland ] scott, christie michelle me and held me down oath, notwithstanding his views capital... At a later date if anything else developed him to be fair U.S. 945 110... 'S medical or anything, let us know veniremen could follow the court 's instructions and obey oath., and cases cited ; Cameron v. State, 65 So.3d 971 ( Ala.Crim.App.2010 ) went to,. Andplugged into the wall very candid with her six-year-old son new evidence or argument that distinguishes case. Her relationship to a critical State witness ; United States Supreme court in did! Result of the trial court intended to introduce this evidence to show plan motive. Cited ; Cameron v. State, 797 So.2d 1134, 1162 ( Ala.Crim.App.1999 ) exculpatory evidence in violation of v.! Court in ring did not invalidate its earlier holding in Harris v. Alabama, U.S.... 466, 120 S.Ct So.3d 971 ( Ala.Crim.App.2010 ) v. 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It intended to introduce this evidence to show plan, motive, and cases cited ; v.. Does n't want to serve, but it is well within the jury 's recommendation 's... Parte Hart, 612 So.2d 536, 542 ( Ala.1992 ) Ala.1992 ) 12page questionnaire and was very with! Cases.. at 1242 347, 116 L.Ed.2d 286 ( 1991 ) Tuilaepa! Argues that according to Carroll, the court juror C.S 's case was based on evidence!
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