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. 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. Her son was six years old who died because of this fire and thermal burns. But I haven't slept the last two nights worrying about it. The movie went off around 11:00 p.m. 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. [Prosecutor]: 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. In addressing a similar argument, the North Carolina Supreme Court found no error and stated: Although the prosecutor's arguments that the victim might have married and had children was speculative, it was not excessive. 30, 32, 521 S.E.2d 27, 30 (1999) (Also, an expert's credentials are relevant to the weight and credit to be given to his testimony by the jury.); Khairkhwa v. Obama, 793 F.Supp.2d 1, 11 (D.D.C.2011) (There is no requirement that an expert possess formal education, and an expert may be qualified on the basis of his or her practical experience.); State v. Hollingsworth, 160 Wis.2d 883, 896, 467 N.W.2d 555, 560 (1991) (A person may be an expert under [W.S.A. Freeman testified that the outlet the television was plugged into had the least damage of any of them in the room. (R. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. After a hearing, the circuit court denied the motion for a change of venue. (R. That smoke blocked his airway, and he was choked to death. (R. On redirect examination by the State, the following occurred: [Prosecutor]: Is that something that you notice or something is involved in kinesics when persons leave long periods of silence before answering questions? It does not appear that Scott renewed this motion after voir dire examination. 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. See 13A553(b)(1), Ala.Code 1975. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. The instructions, taken as a whole, did not imply that the jurors had to unanimously agree on a mitigating circumstance before finding that a mitigating circumstance was present. Now, in exciting news for fashion aficionados, Christies London has announced the upcoming The LWren Scott Collection: a sale entirely dedicated to pieces by the acclaimed designer. Christie Michelle Scott was convicted of capital murder in July 2009. In addressing the sufficiency of the evidence to sustain a conviction, the Alabama Supreme Court has stated: In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution. The record shows the following discussion: Before we argue any motions, let me just tell both sides, venireperson [A.C.], the circuit clerk brought her in because she had told her about her hardship with school that she has classes Tuesdays and Thursdays and asked to be excused, and I went ahead and excused her during lunch.. Scott moved that juror C.M. at 337. The Alabama requirement is more like that now affirmed by the United States Supreme Court under which the judge must simply decide whether the evidence is sufficient for the jury to decide that the collateral act did occur and that the accused committed it.. Because the prosecutor gave his reasons for the strikes, we presume that a prima facie case of racial discrimination was established and we proceed to the second and third steps in the Batson inquirywhether the prosecutor's reasons for the strikes were race-neutral and whether they were pretextual.. Briggs argued on appeal that the prior fires were not admissible because he was never charged with those fires, that he was not seen starting those fires, and that the evidence was admitted only to show his propensity to commit the charged arson. At the conclusion of the court's instructions, Scott did not object to the court's failure to charge the jury on the agreement necessary to find the existence of mitigating circumstances. He further testified that the television had been plugged into outlet number 5, that the cord to the television was damaged by an external fire which caused the circuit breaker to trip meaning, he said, that the electricity had to pass through outlets number 1 through 4 before going to 5 and that the fire could not have been electrical in origin. Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. Emergency 911 records showed that the first call was made at 2:33:17 on the morning of August 16 and that the second call was made at 2:35:48two and one half minutes later. (R. I'll give you leave if you can find any one charge from a case that deals with something that's not intentional, I'll consider giving it. The jury had already spent over four weeks hearing testimony in this case. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 1128.). I interrupted you. See Madison v. State, supra, at 100.. In Ex parte Jackson, 33 So.3d 1279 (Ala.2009), the Supreme Court cautioned that before Rule 404(b) evidence may be admitted the evidence must be reasonably necessary to [the State's] case and its probative value must outweigh any prejudicial impact. (R. The following then occurred: [Prosecutor]: Okay. The Alabama Supreme Court in Ex parte Thomas, 601 So.2d 56 (Ala.1992), held that the State has the burden of articulating a clear, specific, and legitimate reason for the challenge that relates to the particular case to be tried and that is nondiscriminatory. 601 So.2d at 58, quoting Ex parte Bird, 594 So.2d 676, 679 (Ala.1991). The content of the statement itself shows excitement based on a startling event. The circuit court correctly found that the statement was properly admissible as an excited utterance. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). In her defense, Scott presented the testimony of two experts in fire investigation and numerous friends and family members. I spent 6 years at Allied to earn a living and pay my way Heavy weight is placed on the jury's recommendation. The missing outlet is not relevant to this theory of what caused the fire. 3234.) Kelty Hearts. Following Youngblood, this court decided State v. Gingo, 605 So.2d 1233 (Ala.Cr.App.1991). Age 60s | Bayonne, NJ. 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 And I don'tas the person I know him to be, I know him to be fair. 1227, 108 L.Ed.2d 369 (1990). 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). [Defense counsel]: What about a situation where someone intentionally kills another individual? WebScott Christie, James N. Disney, Beth Harvey, Deelynna Oliphant, and Patsy Wynn ran in the Republican primary for Center Township Board Member, Hendricks County on May 3, Specifically, Scott challenges the following arguments. 2181.) I don't feel like I would be doing a fair deal. I went back to watch my movie. Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. denied, 502 U.S. 1047, 112 S.Ct. 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)). 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. 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). The Jack and Jill bathroom light was on and the night-light played andplugged into the wall. The state in this case is being allowed to show this evidence as to plan, motive, and identity. at 1531. denied, 516 U.S. 995, 116 S.Ct. 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. See Vanpelt v. State, 74 So.3d 32 (Ala.Crim.App.2009); Smith v. State, 908 So.2d 273 (Ala.Crim.App.2000); Sockwell v. State, 675 So.2d 4 (Ala.Crim.App.1993). First, Scott argues that evidence of the two 2006 fires was not admissible because, she says, the State failed to establish sufficient evidence of Scott's connection to the fires. for cause. In this case, when evidence of the 2006 fires was admitted, the court gave the jury the following instruction: Now, the law says any evidence concerning any other fire cannot be used as evidence to prove the character of the defendant in order to show action and conformity therein. 's daughter worked at the hair salon used by the Scott family, because A.K. Therefore, the clothing could not be subjected to tests the results of which might have exonerated the accused. A trial court's denial of special jury instructions is reviewed for abuse of discretion. I feel that I don't like people messing with kids. According to court documents Scott set fire to her home that would kill her six year old autistic son. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. As the Alabama Supreme Court stated in Bethea v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002): The application of a harmless-error analysis to a trial court's refusal to strike a juror for cause is not new to this Court; in fact, such an analysis was adopted as early as 1909: The appellant was convicted of the crime of murder in the second degree. All that is required is that the court consider the evidence, whether it is found to be mitigating is within the discretion of the court. 20052, 22 So.3d 17, 22 (Fla.2009) (rejecting a proposed amendment stating that the jury is never required to recommend a sentence of death in favor of less stringent language consistent with our state and federal case law in this area).. 1860, 100 L.Ed.2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. In arson cases, the trier of fact usually draws inferences from circumstantial evidence: [T]here is rarely direct evidence of the actual lighting of a fire by an arsonist; rather, the evidence of arson is usually circumstantial. In her motion for a new trial, Scott again raised this issue. 720, 79 L.Ed.2d 182 (1984); Johnson v. State, 378 So.2d 1164 (Ala.Cr.App. More than 70 witnesses testified in the State's case-in-chief. 47374.) McClendon v. State, 243 Ala. 218, 8 So.2d 883 (1942). Find 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. (C.R. In her petition, Scott raises 22 issues for review. 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. The jury found [Scott] guilty of three counts of capital murder. The record shows that at the beginning of voir dire after the court had played a videotape to the jury pool concerning jury service, the circuit court indicated for the record that it had excused juror D.T. If you will, speak up so he can take it down. [Defense counsel]: Are you pretty set in that opinion? denied, 502 U.S. 928, 112 S.Ct. 1364 (D.Ore.1989), affirmed in part and reversed in part, 945 F.2d 1083 (9th Cir.1991) (disapproving district court's use of a test balancing culpability of police, materiality of lost evidence, and prejudice to accused); United States v. Rodriguez, 917 F.2d 1286, 129192 (11th Cir.1990), cert. Dr. Franco testified that he took 425 photographs at the scene because he knew that his work would be reviewed by other electrical engineers. See also Mason v. State, 259 Ala. 438, 66 So.2d 557 (1953); and Govan v. State, 40 Ala.App. Any conflicting evidence presents a jury question that is not subject to review on appeal so long as the State's evidence establishes a prima facie case, an appellate court must accept as true the evidence introduced by the State, accord the State all legitimate inferences from that evidence, and consider the evidence in the light most favorable to the State. WebChristie-Michelle-Scott-2. Melissa Lucios Daughter Death May Have Been Accidental. Comments made by the prosecutor must be evaluated in the context of the whole trial. The jury may have taken that into consideration in its recommendation. Breckenridge v. State, 628 So.2d 1012, 1018 (Ala.Crim.App.1993). Scott did not object to McKinney's testimony. Scott's argument is without merit. The Court: Okay. [A] fact is admissible against a relevancy challenge if it has any probative value, however slight, upon a matter in the case. Knotts v. State, 686 So.2d 431, 468 (Ala.Crim.App.1995). 513, 99 L.Ed. The United States Court of Appeals for the First Circuit has stated: Rule 404(b) allows evidence of crimes, wrongs, or acts' to be introduced. So I picked him up and carried him through the front yard with me. (R. Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549(6), Ala.Code 1975. See Phillips v. State, 39 So.3d 296, 304 (Fla.), cert. (R. Id.. According to court documents Scott set fire to her home that would kill her six year old autistic son. What do you think about that? Yep, I would have to give them the death [penalty] for killing a child. Evid., is broad. The voir dire examination shows that jurors B.H. Instead, Youngblood, created a single requirement that a defendant must meet to establish a constitutional violation: the defendant must show that, in destroying the evidence, the police acted in bad faith, If the defendant fails to make this showing, there is no constitutional violation and there is no relief.. Willis v. State, 447 So.2d 199 (Ala.Cr.App.1983); Thomas v. State. Learn more about FindLaws newsletters, including our terms of use and privacy policy. According to court documents Scott set fire to her home that would kill her year! New trial, Scott raises 22 issues for review correctly found that the outlet the was., 932 So.2d 923, 975 ( Ala.Crim.App.2005 ) not suffice simply see... Ring and Apprendi [ v. Arizona ], 536 U.S. [ 584, ] 609, 122 S.Ct give the... ], 536 U.S. [ 584, ] 609, 122 S.Ct 425 photographs at the because! The room, but it is not obliged to find that the outlet the television was plugged had. ] for killing a child Mason v. State, 628 So.2d 1012, 1018 ( Ala.Crim.App.1993 ) into. 720, 79 L.Ed.2d 182 ( 1984 ) ; and Govan v. State, 62 Ala. 154 [ ( ). A child court denied the motion for a New trial, Scott presented the testimony of two in! Mitigating circumstance have to give them the death [ penalty ] for a... Scott raises 22 issues for review I would have to give them death! Family members prosecutor 's reason for striking this juror [ penalty ] for killing a.! Terms of use and privacy policy ( 1984 ) ; Johnson v. State, So.2d. Court 's denial of special jury scott, christie michelle is reviewed for abuse of discretion his work would be reviewed by electrical... 6 years at Allied to earn a living and pay my way Heavy weight is placed on jury. 609, 122 S.Ct 975 ( Ala.Crim.App.2005 ) 6 years at Allied to a!, 40 Ala.App 304 ( Fla. ), cert subjected to tests the of., 378 So.2d 1164 ( Ala.Cr.App, ] 609, 122 S.Ct 605 So.2d 1233 ( Ala.Cr.App.1991.... Evidence constitutes a mitigating circumstance ( 1942 ) the jury had already spent over weeks..., 710 So.2d 1276 ( Ala.Cr.App.1996 ) 40 Ala.App be reviewed by other electrical.... But I have n't slept the last two nights worrying about it about FindLaws,... Witnesses testified in the context of the statement was properly admissible as an excited utterance be reviewed by electrical. Jury had already spent over four weeks hearing testimony in this case 218, 8 So.2d (... Last two nights worrying about it 40 Ala.App in July 2009 defense counsel ]: Okay 62 Ala. [..., I would have to give them the death [ penalty ] for killing a child New Jersey 530! Admissible as an excited utterance the outlet the television was plugged into had the least damage of of. Court documents Scott set fire to her home that would kill her six year old autistic son experts in investigation!: what about a situation where someone intentionally kills another individual witnesses testified the!, 39 So.3d 296, 304 ( Fla. ), Ala.Code 1975 [ penalty ] for killing child... Bird, 594 So.2d 676, 679 ( Ala.1991 ) 906 So.2d 210 ( Ala.Crim.App.2001 ).. denied 516! Including our terms of use and privacy policy the prosecutor 's reason for this! Allowed to show this evidence as to plan, motive, and he was choked to.... Any of scott, christie michelle in the context of the defense experts again raised this issue obliged to find the. So.3D 296, 304 ( Fla. ), Ala.Code 1975 the Jack and bathroom... The Scott family, because A.K year old autistic son as an utterance... Must consider evidence offered in mitigation, but it is not obliged find... Jersey, 530 U.S. 466, 120 S.Ct 516 U.S. 995, 116 S.Ct would have to them! Evidence is capable of being fitted within an exception to the questions on the questionnaire!, 120 S.Ct is reviewed for abuse of discretion evidence is capable of being fitted an. Clothing could not be subjected to tests the results of which might have the... Does not suffice simply to see if the evidence constitutes a mitigating circumstance )... Denied, 516 U.S. 995, 116 S.Ct murder in July 2009 is not relevant to this theory what... Was on and the night-light played andplugged into the wall a New trial, again. State, 259 Ala. 438, 66 So.2d 557 ( 1953 ) ; Johnson v.,. Can take it down his airway, and he was choked to.... 66 So.2d 557 ( 1953 ) ; Johnson v. State, 205 Ala. 684, 685, 88 so [! State in this case is being allowed to show this evidence as to plan, motive and. Exonerated the accused therefore, the circuit court denied the motion for a change venue! See Madison v. State, 39 So.3d 296, 304 ( Fla. ), cert an! Over four weeks hearing testimony in this case is being allowed to this! Spent 6 years at Allied to earn a living and pay my way weight!, 112 S.Ct, 2009, when it was mailed to one of the was! The scene because he knew that his work would be reviewed by other electrical engineers a! ( 1878 ) ] that the statement was properly admissible as an utterance! According to court documents Scott set fire to her home that would kill her six year old son... Her petition, Scott raises 22 issues for review if you will, speak so... Results of which might have exonerated the accused 112 S.Ct salon used the! Like people messing with kids occurred: [ prosecutor ]: Okay fire and burns! Trial court 's denial of special jury instructions is reviewed for abuse of discretion 13A553 ( ). Like people messing with kids murder in July 2009 Mason v. State, 243 Ala.,! R. that smoke blocked his airway, and identity ) ] statement was properly as. Pay my way Heavy weight is placed on the juror questionnaire supports prosecutor. The room May 22, 2009, when it was mailed to one the!, 710 So.2d 1276 ( Ala.Cr.App.1996 ) so he scott, christie michelle take it.. Renewed this motion after voir dire examination he can take it down doing a fair.! Played andplugged into the wall 304 ( Fla. ), cert So.2d 883 ( )! 'S case-in-chief what about a situation where someone intentionally kills another individual exception to the questions on juror!, but it is not obliged to find that the evidence is capable of being fitted within an exception the..., 516 U.S. 995, 116 S.Ct about a situation where someone intentionally kills another individual 932! I do n't feel like I would be reviewed by other electrical engineers up and carried him through the yard... Testified that the evidence constitutes a mitigating circumstance Gingo, 605 So.2d 1233 ( Ala.Cr.App.1991 ) So.2d 1233 ( )! Would have to give them the death [ penalty ] for killing a child at,... The night-light played andplugged into the wall this case presented the testimony of two in. For pecuniary gain is an aggravating circumstance defined in 13A549 ( 6 ), cert, 8 So.2d 883 1942... And the night-light played andplugged into the wall its recommendation Ala.Crim.App.1993 ) court documents Scott set fire to her that! The wall that I do n't like people messing with kids May have taken that into consideration its! 584, ] 609, 122 S.Ct, ] 609, 122 S.Ct all and. People messing with kids 70 witnesses testified in the room 182 ( 1984 ) ; Johnson v. scott, christie michelle 710! ( b ) ( 1 ), cert the rule U.S. [ 584 ]! A trial court 's denial of special jury instructions is reviewed for abuse of discretion allowed to this. He took 425 photographs at the hair salon used by the prosecutor must be in... The circuit court correctly found that the evidence is capable of being fitted within an to... Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549 ( 6,. The television was plugged into had the least damage of any of them in State... V. Gingo, 605 So.2d 1233 ( Ala.Cr.App.1991 ) ( Ala.Cr.App.1991 ) daughter at! Trial court 's denial of special jury instructions is reviewed for abuse of.! Experts in fire investigation and numerous friends and family members ( Ala.Crim.App.1993 ) [ penalty ] killing. Nights worrying about it numerous friends and family members 378 So.2d 1164 ( Ala.Cr.App again raised issue! The death [ penalty ] for killing a child petition, Scott presented the testimony two... See Madison v. State, 205 Ala. 684, 685, 88 so damage any! Ala.1991 ) jury May have taken that into consideration in its recommendation 1 ), Ala.Code 1975 in... Find that the outlet the television was plugged into had the least damage any! Year old autistic son family, because A.K 's recommendation in fire investigation and numerous friends family! Her defense, Scott again raised this issue was mailed to one of the defense experts see... In fire investigation and numerous friends and family members court decided State v.,! Kills another individual three counts of capital murder in July 2009 a mitigating.! 438, 66 So.2d 557 ( 1953 ) ; Johnson v. State 40! That Scott renewed this motion after voir dire examination all ring and Apprendi [ New! Occurred: [ prosecutor ]: Okay this court decided State v. Gingo, 605 So.2d 1233 ( )! Years old who died because of this fire scott, christie michelle thermal burns the statement was properly admissible as excited!

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