Only one aggravating circumstance must exist in order to impose a sentence of death. Her son was six years old who died because of this fire and thermal burns. [T]he Alabama Supreme Court in Ex parte Taylor, specifically held that it is a valid consideration to consider the emotionalism of the jury when overriding a jury's recommendation. 808 So.2d at 1219. Doster v. State, 72 So.3d 50, 121 (Ala.Crim.App.2010). Even in cases where a potential juror has expressed some preconceived opinion as to the guilt of the accused, the juror is sufficiently impartial if he or she can set aside that opinion and render a verdict based upon the evidence in the case. Scott Christie is on Facebook. The Court: Okay. Evidence of the two fires that occurred in February 1987 was properly admissible in the present case as tending to prove that the appellant was the person who set the house fire. Thus, [t]he role of appellate courts is not to say what the facts are. Dr. Franco testified: That bead tells me that it's on the TV power cord. See also Kenneth J. Rampino, J.D., Propriety and Prejudicial Effect of Prosecutor's Remarks as to Victim's Age, Family Circumstances, or the Like, 50 A.L.R.3d 8 (1973). [1639,] 1645, [6 L.Ed.2d 751, 75859 (1961) ]. [Prosecutor]: Is that againwhat does that usually infer to you or tell you? [C.M. He testified that when Scott's father, Donald Bray, arrived Bray broke down and said to Scott: What have you done? (R. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? WebChrisette Michele Payne (born December 8, 1982) is an American R&B and soul singer. 1419, 128 L.Ed.2d 89 (1994). WebChristie Michelle Scott Women On Death Row. An extensive motion hearing was held on this issue. The circuit court denied the motion. Last, as required by Rule 45A, Ala. R.App. You would have to put aside your personal opinion that the murder of a child should always require the death penalty. And then, of course, she's collected the full insurance proceeds for that house. 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Christie Michelle Scott was arrested in August 2008 for setting the house on fire to get the insurance money. and M.W. at 337. Find Out Here, The Most Horrific Serial Killer Robert Hansen, Doctor Death: Harold shipman serial killer Killed, Dora Buenrostro Mother Is Arrested In. at 1571 (Ginsburg, J., dissenting). Moreover, the trial court should not impose a sanction which is harsher than necessary to accomplish the goals of the discovery rules. Scott next argues that the evidence of the other fires was not admissible to prove motive. 125.). ), Depending on the degree of the State's culpability for the loss of the evidence, the court may decide that the State should be precluded, on retrial, from introducing any evidence relating to the charred object, see Commonwealth v. Olszewski, 401 Mass. When they are trying to deviate from what may actually be truthful, you may have them where you ask. (R. This three-part analysiswhich weighs culpability, materiality, and prejudiceis what the Alabama Supreme Court seems to have employed in Ex parte Gingo. See Hudson v. State, 992 So.2d 96, 112 (Fla.2008). It cited a number of cases with multiple victimsall of which involved fewer than six victimsin which the trial courts overrode the juries' recommendations for life in prison without the possibility of parole. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. Web788k Followers, 4,238 Following, 1,086 Posts - See Instagram photos and videos from @chrisettemichele The post-crime conduct of the defendant shows his or her state of mind which has been characterized by our courts as consciousness of guilt, and may be admitted as circumstantial evidence of guilt. In fact, our research has uncovered only a very few cases in which relief was granted on the basis of presumed prejudice. Coleman v. Kemp, 778 F.2d at 1490.. 239940.) I crawled over to the door. Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. Based on our discussion above, we find no evidence that Scott suffered any prejudice as a result of the lost evidence, given that it was not material to Scott's defense. Always asking Why, and So What ? WebChristy Scott - @christyscott5934 I am a young singer/songwriter hailing from the North East coast of Scotland. was harmless. 860 (1919). The Scott's neighbor, Jennifer Davidson, testified that her doorbell rang around 2:30 a.m. on August 16, 2008. The next thing I remember is something hitting my face. The Court finds that these fires can be used in regard to show plan, motive, and identity. Scott next argues that the court's instructions erroneously allowed the jury to believe that it could not consider a mitigating circumstances unless the entire jury agreed upon its existence. Scott cites the case of Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), to support her argument. *Club domestic league appearances and goals, correct as of 15:26, 14 June 2019 (UTC) Scott Christie is a Scottish footballer who last played as a goalkeeper for Kelty Hearts. See State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152, 1161 (1993) (Feldman, C.J., concurring in part and dissenting in part) (The answer [to the question whether the accused had a fundamentally fair trial despite the State's good faith failure to preserve evidence] is fact-intensive and depends on the quality and quantity of the other evidence, the type of evidence that was lost, its potential value for exculpatory purposes, and similar issues'). The jury may have given too much weight to the mitigating factor of the emotional testimony of family and friends of [Scott]. Indeed, our review of the record fails to show that police officers, firefighters, or any other State officials acted in bad faith during the investigation of the fire/homicide. Scott next argues that the circuit court erred in denying her Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 2885, 81 L.Ed.2d 847 (1984)., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. Ex parte Bryant, 951 So.2d 724, 727 (Ala.2002). Rule 907.02, similar to Rule 702, Ala. R. Oh, no, not my babies. [T]he determination of whether or not to grant a motion for change of venue is generally left to the sound discretion of the trial judge because he has the best opportunity to assess any prejudicial publicity against the defendant and any prejudicial feeling against the defendant in the community which would make it difficult for the defendant to receive a fair and impartial trial.. Rule 803(2), Ala. R. At the hearing, the State made the following argument: On the 2006 fire, there's two in 2006 that we have an abundance of evidence including people that were there at the fire, we have the fire marshal's office that investigated that fire, we have the origin and cause examiner from the insurance company that he listed the fire as incendiary. When you strip the outer insulation back that paper in there, a couple of those even still had the paper in there. Scott next argues that the circuit court erred in failing to remove for cause five veniremembers who, she says, had relationships or beliefs that impaired their ability to be impartial and forced her to use her peremptory challenges to remove these jurors. After weighing all these circumstances, the circuit court sentenced Scott to death. 308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. Scott next argues that the State failed to establish a proper chain of custody for an electrical outlet, outlet number 3, that was admitted during Cpt. In this case there was no one there to take that position. 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. WebView the profiles of professionals named "Scott Christie" on LinkedIn. Count I charged that Scott murdered her son Mason for pecuniary gain; Count II charged that Scott murdered Mason during the course of an arson; and Count III charged that Scott murdered Mason, a child under the age of 14. 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. We think that this is such a case., Because it focused on the fact that the test results in Gingo were part of the State's case-in-chief, and were necessary to convict the defendants, 605 So.2d at 1240, the Alabama Supreme Court appears to have aligned itself with the materiality and prejudice analysis' advocated by Justice Stevens, several commentators, and a growing minority of other courts that have rejected Youngblood's single bad faith standard. denied, 507 U.S. 925, 113 S.Ct. One of these jurors was struck for cause. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. It should set off bells and whistles to investigators. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. Web1. This Court has held that once a juror indicates initially that he or she is biased or prejudiced or has deep-seated impressions' about a case, the juror should be removed for cause. Contrary to Vanpelt's assertions, there is no constitutional or statutory prohibition against double counting certain circumstances as both an element of the offense and an aggravating circumstance. In a prosecution for murder, evidence of former acts of hostility between the accused and the victim are admissible as tending to show malice, intent, and ill will on the part of the accused. Kelty Hearts. 2 So.3d at 930. The judge is not required to be convinced beyond a reasonable doubt, by clear and convincing evidence, or by a preponderance of the evidence that defendant committed the extrinsic act. State v. Haskins, 104 N.C.App. We just want to hear how you feel. 1895.) Both homes were heavily insured at the times of the fires, Scott had increased her insurance within months of the fires, the Scotts received over $185,000 in insurance monies as a result of the second 2006 fire and over $250,000 as a result of the 2008 fire, Scott was the only adult present at the time of the fires, the smoke alarms had been disabled at the time of the fires, and the ignition source for each fire could not be determined. She won a Grammy Award for Best Urban/Alternative Performance in 2009 for her song "Be OK" (featuring will.i.am).. She was previously signed to Motown Records, Capitol Records, and Caroline Distribution but was dropped from her label in 2017. be removed for cause without stating any basis for the motion. Whenever a witness in a criminal trial identifies a physical piece of evidence connected with or collected in the investigation of a crime, the evidence shall be submitted to the jury or court for whatever weight the jury or court may deem proper. A person's post-crime behavior often is considered relevant to the question of guilt because the particular behavior provides clues to the person's state of mind. Not only did [Scott] commit the capital murder making her eligible for the death penalty, but three different elements were proven to make her eligible for the death penalty three different ways. This Court is bound by the decisions of the Alabama Supreme Court. Willis v. State, 447 So.2d 199 (Ala.Cr.App.1983); Thomas v. State. 2630, 129 L.Ed.2d 750 (1994) (The aggravating circumstance may be contained in the definition of the crime or in a separate sentencing factor (or in both).); Ex parte Kennedy, 472 So.2d 1106, 1108 (Ala.1985) (rejecting a constitutional challenge to double counting); Brown v. State, 11 So.3d 866 (Ala.Crim.App.2007); Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007); Jones v. State, 946 So.2d 903, 928 (Ala.Crim.App.2006); Peraita v. State, 897 So.2d 1161, 122021 (Ala.Crim.App.2003); Coral v. State, 628 So.2d 954 (Ala.Crim.App.1992); Haney v. State, 603 So.2d 368 (Ala.Crim.App.1991). Here, the record shows that at the conclusion of striking the jury Scott argued that the State had violated Batson when it struck jurors B.H. It may, however, be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.. 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. Accordingly, we find no error. We stated: In its order, the trial court outlined its reasons for overriding the jury's verdict recommending a sentence of life without parole. The Court finds that this is a mitigating factor and gives it is due weight. The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. Also, at 1:04 a.m. on the morning of August 16, 2008, the computer showed that a user accessed the site boaterexam.com. These similarities suggest motive, plan, preparation, knowledge, and absence of accident.); Kinser v. State, 501 N.E.2d 1041, 1043 (Ind.1986) (Here, the challenged evidence revealed prior fires of heavily insured property owned by Appellant, incendiary in nature and showing signs of tampered-with electrical wiring.); Eps v. State, 52 Md.App. And I don'tas the person I know him to be, I know him to be fair. 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. Scott moved that juror L.H. 33 So.3d at 1286. 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. ARIZONA 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 . 513, 99 L.Ed. And that was the reason we struck her.. Scott asserts that because the record showed probable prejudice in regard to juror A.K., the circuit court erred in denying her motion to remove A.K. 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, And of course, that would be a big concern since the Russellville Police Department is front and center in this case. See Huddleston v. United States, 485 U.S. 681, 108 S.Ct. All the damage that I observed appeared to come from external heat. This fire was ruled an accident. P. [A] failure to object at trial, while not precluding our review, will weigh against any claim of prejudice. Ex parte Woodall, 730 So.2d at 657 (citing Kuenzel v. State, 577 So.2d 474 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991)).. The facts, as set out extensively in the beginning of this opinion, were sufficient to present the issue of Scott's guilt to the jury for its consideration. [Defense counsel]: Objection as to what may happen, Your Honor. The prosecutor stated the following concerning juror M.W. ], once again it comes down to two things on him. Keyla McKinney, a hair stylist at Hello Gorgeous, testified that she had seen Scott upset with Mason, that she had seen Scott grab Mason, and that she had seen Scott spank Mason. After police and firefighters arrived at the scene, Davidson stayed with Scott. He cites Ex parte Holton, 590 So.2d 918 (Ala.1991), in support of his argument. Do you believe the death penalty should be imposed in some of those kind of cases every time? (R. The jury found [Scott] guilty of three counts of capital murder. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. 928 So.2d at 107273, quoting Charles W. Gamble, McElroy's Alabama Evidence 265.01(2) (5th ed.1996) (footnotes omitted).3 In deciding whether the declarant remained under the stress of excitement, the trial court may consider the context of the statement itself. McElroy's Alabama Evidence 265.01(2). The imposition of sanctions upon noncompliance with a court's discovery order is within the sound discretion of the court. 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. WebView the profiles of people named Christie Michelle. Even though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge's refusal to grant a motion to strike for cause is not error. Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989). The State gave notice, pursuant to Rule 404(b), Ala. R. (C.R. at 33839 (Stevens, J., concurring in the judgment) (citations to the record omitted). WebChristie Michelle Scott was convicted of capital murder in July 2009. There was sufficient circumstantial evidence from which to conclude that Scott was guilty of murdering Mason during the course of an arson and for pecuniary gain. 2348, 147 L.Ed.2d 435 (2000),] require., Ring and Apprendi do not require that the jury make every factual determination; instead, those cases require the jury to find beyond a reasonable doubt only those facts that result in an increase in a defendant's authorized punishment or expose[ ] [a defendant] to a greater punishment Ring, 536 U.S. at 602, 604, 122 S.Ct. (R. Thornton further testified that outlet number 2, the outlet behind Noah's bed, was never removed from the wall because it was melted out; this outlet was photographed. for cause because, she says, L.H. Tyson v. State, 784 So.2d 328, 351 (Ala.Crim.App.2000). These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. 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 Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. 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. 1122.) There are 45 other people named Scott Christie on AllPeople. Presumably, such jurors would have been struck by GM through the exercise of its peremptory challenges had the full arsenal of such challenges been available against jurors who remained after correct rulings on the challenges for cause. The appellant contends in his brief that he was never charged with the two earlier fires, that no one saw him set them, and therefore that they should not have been allowed into evidence. Davidson also testified that Scott was fully dressed and that at one point while they were in the ambulance Scott patted her pant pocket and pulled out a cell phone and said: I had my cell phone the whole time. The Court: Either side? Alabama Courts have consistently held likewise. 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.. 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. What do you think about that? I picked up Noah Riley, kissed him, told him I loved him, and dropped him out of the window. When discussing this exception to the general exclusionary rule, the Alabama Supreme Court has stated: Rule 404(b) provides that evidence of a collateral act by the defendant is not admissible to prove the bad character of the defendant. The record shows that juror A.K. C. Gamble, McElroy's Alabama Evidence 69.01(8) (5th ed.1996); Ex parte Arthur, 472 So.2d 665 (Ala.1985); and Robertson v. State, 680 So.2d 929 (Ala.Crim.App.1994). See 12316, Ala.Code 1975. The prosecution was entitled, on redirect, to further explore matters elicited during cross-examination by defense counsel. Mangione v. State, 740 So.2d 444, 455 (Ala.Crim.App.1998). 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).. Carpenter testified that the basis for his conclusion was that the victim had a carbon-monoxide level in his blood that was greater than 90 percent which, he said, is extremely high: So in this particular case, a fire starting on the bed will not produce the extremely high levels of [carbon monoxide] found in the blood of the victim. Several years later in Ex parte McNair, 653 So.2d 353 (Ala.1994), the Supreme Court limited its holding in Thomas and stated: McNair did not ask to see, and was not denied access to, the prosecutor's notes that had been prepared by law enforcement officials. Evidence of life insurance on the life of the victim which benefits the accused is relevant in a murder prosecution to show motive. State v. Stenson, 132 Wash.2d 668, 706, 940 P.2d 1239, 1259 (1997). See also Holladay v. State, 549 So.2d 122, 125 (Ala.Cr.App.1988), affirmed, 549 So.2d 135 (Ala.), cert. Copeland ran to the Scott's house to try and find a way inside to help Mason. The circuit court found as aggravating circumstances that the murder was committed for pecuniary gain, 13A549(6), Ala.Code 1975, and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders, 13A549(8), Ala.Code 1975. [Prosecutor]: And not be swayed by what you may have heard one way or the other? Scott called two experts to testify concerning the cause of the fire. denied, 401 So.2d 204 (Ala.1981).. (R. State v. Steffes, 500 N.W.2d at 61112 n. 3. 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). Invited error has been applied to death penalty cases. (1976)) (emphasis added). Age 60s | Bayonne, NJ. 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.. A trial court's denial of special jury instructions is reviewed for abuse of discretion. The circuit court held a separate sentencing hearing, declined to follow the jury's recommendation, and sentenced Scott to death.