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. 2464, 91 L.Ed.2d 144 (1986). Other witnesses testified that Scott had verbally abused Mason and that she had yanked his hair, shoved him, and hit him on the back of the head to make him be quiet. Stop us in the hallway, ask us for something. In this case, the 2006 fires and the 2008 fire were in houses owned and occupied by Scott. Pretty set in it. When reviewing a trial court's ruling on a Batson motion, this court gives deference to the trial court and will reverse a trial court's decision only if the ruling is clearly erroneous. Yancey v. State, 813 So.2d 1, 3 (Ala.Crim.App.2001). And, again, if the fire had started in that box, this would have melted and it would have been consumed. (R. Scott specifically challenges three instances of what he asserts constituted ex parte communications between the judge and the jurors. Therefore, the findings reflected in the jury's verdict alone exposed Waldrop to a range of punishment that had as its maximum the death penalty. denied, 506 U.S. 929, 113 S.Ct. To fall within the scope of Rule 404(b), an act need not be criminal so long as it tends to impugn a defendant's character. United States v. Rawle, 845 F.2d 1244, 1247 (4th Cir.1988). In August 2008, he said, he went to the scene and stayed there for 12 hours conducting his examination. See Dunning. 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. So I picked him up and carried him through the front yard with me. 1496, 99 L.Ed.2d 771 (1988) ]; cf. 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. The trial court's denial of a motion for a judgment of acquittal must be reviewed by determining whether there existed legal evidence before the jury, at the time the motion was made, from which the jury by fair inference could have found the appellant guilty. See Stewart v. State, 398 So.2d 369, 375 (Ala.Cr.App. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. for cause. 1496, 99 L.Ed.2d 771 (1988) ] had held that a trial court need not make a preliminary finding that the government proved the existence of the similar act by the defendant before submitting the similar acts evidence to the jury. I rolled off the bed and covered Noah Riley and told him to be still. During Cpt. Scott last argues that the circuit court failed to consider uncontested mitigating evidence, i.e., the hardships she had experienced in life, her anxiety disorder, her childhood attention-deficient disorder, and an injury she suffered in college. 864.). Ninety percent is a very high [carbon monoxide] level. John Joseph Lentini, a fire-investigation consultant, testified that it was his opinion that the reason Noah's bed had the heaviest damage was that the bed was near the window and when flashover broke the window the ventilation caused the excessive damage. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. Scott next argues that the circuit court erred in considering nonstatutory aggravating circumstances when overriding the jury's verdict. Later, the following occurred: The Court: The fact that Mr. Copeland may be a witness in the case, do you feel like that would affect your ability to be fair and impartial? The jury also heard very emotional testimony from [Scott's] family asking that her life be spared. The record clearly shows that the venire was not biased based on any pretrial publicity. 1291.) I killed his [Jeremy's] baby. (R. (R. The State moved that Munger be qualified as an expert. WebScott Christie Found 155 results for Scott Christie Scott Christie, age 66 View Details Little Rock Presumed owner of the real estate located at 15 Ridgeview Dr, Little Rock Completed Graduate School Associated persons: John A Christie, Martha Christie, Matthew J Christie, Sarah Christie (501) 221-9545 View Details Scott Christie View And the motive, especially in this case being the fact that this was done for a pecuniary gain, which is alleged in the indictment, is a huge issue for us, and we believe the evidence is very telling that on 2006 fires the motives for the exact same purpose.. 3234.) This statute, by its terms, applies only to [p]hysical evidence connected with or collected in the investigation of the charged crime. Scott asserts that juror C.M. 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. The Betheas do not proffer any evidence indicating that the jury that was eventually impaneled to hear this action was biased or partial. Scott had an opportunity to question J.M. Please try again. [Defense counsel]: Objection, Your Honor. She prescribed Abilify for his obsessive behavior; Risperdal as a antipsychotic; and Vyvense for his hyperactivity. 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. [Defense counsel]: We object to what is usually inferred. In the opinion of this Court, this evidence was sufficient to connect the appellant to the two prior fires.. In addition, the appropriate method to establish the existence of adverse publicity or actual prejudice is through voir dire examination of potential jurors. So, yes, if you have a question, you can ask me, you can ask my staff or you can say hello to me in the hallway, and I can say hello to you. There was also testimony that the day before the fire Scott had asked a teacher if her house was for sale. [Prosecutor]: What is inferred to you in this case by the long silences of. ), [J]urors who give responses that would support a challenge for cause may be rehabilitated by subsequent questioning by the prosecutor or the court. Johnson v. State, 820 So.2d 842, 855 (Ala.Crim.App.2000). Silver v. State, 705 So.2d 552, 55667 (Ala.Crim.App.1997), quoting Giddens v. State, 565 So.2d 1277, 1281 (Ala.Crim.App.1990). WebChristie Michelle Scottwas 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on August 16, 2008. The court also found as nonstatutory mitigating circumstances: that Scott was loved, that Scott's death would have an impact on her surviving son, that Scott had helped people throughout her life, and that the jury had recommended a sentence of life imprisonment without the possibility of parole. Clark v. State, 896 So.2d 584, 609 (Ala.Crim.App.2000). 482, 115 So.2d 667 (1959) (recognizing that the identity exception is applicable only where both the prior crime and the charged offense were committed in the same special or peculiar manner).. According to court documents Scott set fire to her home that would kill her six year old autistic son. In Batson, the United States Supreme Court held that it was a violation of the Equal Protection Clause to strike a black prospective juror from a black defendant's jury based solely on the juror's race. [T]he common plan, scheme, or design exception is essentially coextensive with the identity exception, Ex parte Darby, 516 So.2d 786, 789 (Ala.1987), and applies only when identity is actually at issue. Lewis v. State, 889 So.2d 623, 661 (Ala.Crim.App.2003). [Ex parte Williams, 548 So.2d 518, 520 (Ala.1989) ] In order to establish a proper chain, the State must show to a reasonable probability that the object is in the same condition as, and not substantially different from, its condition at the commencement of the chain. McCray v. State, 548 So.2d 573, 576 (Ala.Crim.App.1988).. Thus, we conclude that the trial court erred by failing to limit the jury's consideration of that evidence to only those purposes for which the evidence was purportedly offered by the State (plan, identity, motive, and intent). Licensed as a Mental Health Counselor in Washington State and Marriage and Family Therapist in Oregon (and certified in substance use treatment), I have the privilege of working with clients through telehealth (video) as their online therapist in Oregon and Washington State. because, she says, there was no meaningful voir dire conducted on those jurors. Freeman testified that the outlet the television was plugged into had the least damage of any of them in the room. (R. This Court is convinced that other defendants have been sentenced to death for murders that are less heinous, atrocious and cruel than this murder. Brown v. State, 11 So.3d 866, 903 (Ala.Crim.App.2007), quoting Walker v. State, 631 So.2d 294, 301 (Ala.Crim.App.1993). A review of the evidence at Scott's trial is essential when examining this issue: Cpt. 418 (1931). Carroll v. State, 370 So.2d 749, 759 (Ala.Crim.App.1979). According to Colby, A.K. answered few questions. Scott was convicted on all counts. 79496.) Always asking Why, and So What ? 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. It added that it had seen no case in which a defendant had killed six victims pursuant to one scheme or course of conduct. In order to justify disqualification, a juror must have more than a bias, or fixed opinion, as to the guilt or innocence of the accused ; [s]uch opinion must be so fixed that it would bias the verdict a juror would be required to render. Oryang v. State, 642 So.2d 979, 987 (Ala.Cr.App.1993) (quoting Siebert v. State, 562 So.2d 586, 595 (Ala.Cr.App.1989)).. Thornton testified, Scott moved to dismiss the indictment based on the mislabeling of this outlet. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. Davis v. State, 598 So.2d 1054 (Ala.Crim.App.1992). Woodall v. Commonwealth, 63 S.W.3d 104, 12021 (Ky.2001). Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. Stay up-to-date with how the law affects your life. A defendant in a capital-murder case is entitled to an individualized sentencing determination. (C. 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. 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. 2392, 2402, 49 L.Ed.2d 342. The weight to be given that mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole, and also upon the strength of the factual basis for such a recommendation in the form of information known to the jury, such as conflicting evidence concerning the identity of the triggerman or a recommendation of leniency by the victim's family; the jury's recommendation may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance. Dr. Franco further testified that if a fire had started in outlet number 1, you would expect to see bare copper wire and melted insulation, which was not present in that receptacle. ), 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. And if it had been interior heating from inside the box that should havethe insulation and that should have been a lot more damaged than what it showed., (R. 1128.) 774, 145 L.Ed.2d 792 (2000), decisions. 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'). It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. The presumptive prejudice standard is rarely applicable, and is reserved for only extreme situations. Coleman v. Kemp, 778 F.2d at 1537. ), Jerry Yarborough, a paramedic with Pleasant Bay Ambulance Service, testified that when Scott's father arrived at the scene he was upset and said to Scott: Where's my babies? Equally relevant is a consideration of the importance of the missing evidence, the availability of secondary evidence, and the sufficiency of the other evidence presented at trial.. See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). The prosecutor stated the following concerning juror M.W. ), cert. However, Birge involved the chain of custody for a biological sample collected from a victim's bodynot physical evidence collected during the course of an investigation. A combination of specialized training, work experience and practical application of the expert's knowledge can combine to establish that person as an expert Courts can also consider whether a witness has previously been qualified as an expert. State v. Marlowe, 81 So.3d 944, 970 (La.Ct.App.2011). 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 Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). What have you done to my babies? (R. Thus, if any error occurred, it was invited by defense counsel's actions. and M.W. Scott gave the following account of the events of August 16: I went back to watch TV. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Christie Michelle SCOTT v. STATE of Alabama. [Defense counsel]: What about a situation where someone intentionally kills another individual? He cites Ex parte Holton, 590 So.2d 918 (Ala.1991), in support of his argument. Nothing about these words implies that the other acts' to which Rule 404(b) refers must be bad. Indeed, to read the Rule as such violate[s] the cardinal principle of statutory interpretation that courts must give effect, if possible, to every clause and word of a statute. Triestman v. United States, 124 F.3d 361, 375 (2d Cir.1997) (quoting United States v. Menasche, 348 U.S. 528, 53839, 75 S.Ct. The following occurred: The Court: [J.M.] Decided: October 05, 2012. In this case there was no one there to take that position. During voir dire of S.S., the following occurred: [Prosecutor]: Could you if it comes to this point in the trial, sit on the jury venire and during the sentencing phase and listen to the mitigating circumstances and the aggravating circumstances and fairly consider all of the options you have? 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. Phone | Current Address | Public Records | Criminal Records. We will do anything we can to try to help in that process. (R. The record shows that Scott moved in limine that the State be prohibited from offering testimony concerning other fires. (R. It was his opinion that the fire was incendiary, which he explained, is a fire intentionally set by someone. WebView Scott Christie results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. (R. Facebook gives people the power to share and makes the world more open and connected. The second fire, which occurred on January 14, 2006, started in the kitchen and destroyed the Scott's house. What'swhat have you done to my babies? (R. 2. Brownfield v. State, 44 So.3d 1, 34 (Ala.Crim.App.2007). Age 60s | Bayonne, NJ. 1639, 6 L.Ed.2d 751 (1961). 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. At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. 304, 305 (1909). Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. The circuit court concluded by stating that it gave heavy weight to the jury's recommendation. indicated that he could follow the law and consider the mitigating evidence. 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). 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. 189, 88 L.Ed.2d 157 (1985).. It does not appear that Scott renewed this motion after voir dire examination. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. After the trial court instructed the jury in the penalty phase, Scott objected, stating that the court failed to give her requested instruction that the death penalty was never a required punishment. Because that's what caused that bead. Dr. Scott was a pioneer in the field, becoming one of only a few female ophthalmologists in the Pittsburgh area when she began her practice in 1958. The only way justice can be served in this case is by a sentence of death.. WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. See also Ex parte Colby, 41 So.3d 1 (Ala.2009) (finding reversible error in court's failure to remove three prospective jurors for cause). ]: I didn't mean it like that if I did. I interrupted you. Phillip Freeman, a deputy State fire marshal, testified that it was his opinion that the fire originated around the bed that was closest to the windowNoah's bed. We have a lot of details to those fires that we think would definitely establish a similar type of plan as [the prosecutor] already discussed to burn down houses to get insurance proceeds. The fact that GM left one of Myron Penn's relatives on the jury, albeit as an alternate, demonstrates that it could not exercise enough peremptory challenges to remove all of the veniremembers it had challenged for cause. We also conclude that that balance will necessarily be drawn differently in every case because fundamental fairness, as an element of due process, requires the State's failure to preserve evidence that could be favorable to the defendant [t]o be evaluated in the context of the entire record. Hammond, 569 A.2d at 87 (quoting United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct. Because Scott has been sentenced to death, this Court applies the standard of review set out in Rule 45A, Ala. R.App. Alabama law requires the existence of only one aggravating circumstance in order for a defendant to be sentenced to death.. Evid., defines excited utterance as: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. The excited utterance exception establishes no prerequisite that a declarant have participated in the event or condition which caused the stress of excitement. Unlike the circumstances presented in Carroll, in this case, the victim and Scott were members of the same family. Here, the 2006 fires occurred in Scott's house, the house was heavily insured at the time of the fires, Scott had increased the insurance on the house within months of the fires, Scott and her husband collected approximately in $185,000 in insurance as a result of the second fire, and Scott was the last person to leave the house before each fire. [C.M. 1227, 108 L.Ed.2d 369 (1990). The Court: Okay. See Dailey [v. State ], 828 So.2d [340] 343 [ (Ala.2001) ] ( [I]f the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court,' he is not subject to challenge for cause. ' (quoting Minshew v. State, 542 So.2d [307] at 309 [ (Ala.Crim.App.1988) ], quoting in turn Mahan v. State, 508 So.2d 1180, 1182 (Ala.Crim.App.1986))). This Court has stated the following when addressing a Mills claim: The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. 2700.) I tried several times to get in with the code. Testimony of Scott's actions after the fire and the death of her son was relevant to Scott's guilt and was properly admitted. Deputy Edwards read Scott's statement to the jury. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. Join Facebook to connect with Christie Scott and others you may know. She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. See also Cherry v. Audubon Ins. denied, 476 U.S. 1164, 106 S.Ct. Obviously, as Huddleston and [United States v.] Beechum [, 582 F.2d 898 (5th Cir.1978),] make clear, the trial judge's function is to determine only the presence of sufficient evidence to support a finding by the jury that the defendant committed the similar act, id. Ex parte Branch, 526 So.2d [609] at 624 [ (Ala.1987) ]. Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). And keep in mind, there aren't any right or wrong answers here. The prosecutor's questions were within the proper scope of rebuttal examination. The circuit court did not abuse its discretion in allowing evidence concerning Scott's treatment of Mason. According to court documents Scott set fire to her home that would kill her six year old autistic son. Scott said that she did not like one of the fire marshals because he had worked her other house fire. 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. [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). The Supreme Court's holding in Carroll did not purport to be an exhaustive list of what the court could consider when sentencing a defendant to death after a jury has recommended a sentence of life imprisonment without the possibility of parole. 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).. The appellant cannot be heard to complain about exploration of the issue which he himself improperly injected into the trial. [Morgan v. State, 440 So.2d 1240, 1241 (Ala.Cr.App.1983) ]. Christie Scott. She set her house on fire, and smoke inhalation became the reason for her sons death. One of three alternative counts was that Ms. Scott is indicted for, as far as a motive, for pecuniary gain. 1194, 10 L.Ed.2d 215 (1963) ], makes the good or bad faith of the State irrelevant when the State fails to disclose to the defendant material exculpatory evidence. In regard to probable prejudice, we have stated: In the event that probable prejudice is demonstrated, the trial court should determine whether the challenged juror can set aside that prejudice and render a verdict solely on the evidence. [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).. [Prosecutor]: Is that againwhat does that usually infer to you or tell you? Thus, we conclude that Alabama's use of lethal injection as a method of execution does not violate the Eighth Amendment to the United States Constitution.. 340.) denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. What the hell have you done? He further testified that Scott failed to indicate in her policy application that Mason had health problems or that medication had been prescribed for his condition. 3667.) James Munger testified that in his opinion the fire did not originate in the television cabinet because [h]ad the fire started inside the television, and we've set fires inside of televisions in test scenarios in burn cells, it will basically cook its way down through whatever surface it is sitting on. (R. 154, 225 S.E.2d 607 (1985) ([T]here was no contention by the state that these fires were the result of criminal activity on the part of appellant or anyone else; hence, the questioning cannot be considered an improper attempt to introduce evidence of prior offense.); State v. Roberts, 250 Ga. 414, 415, 297 S.E.2d 274, 275 (1982) ([W]e cannot find error in the admission of evidence of prior fires which were not shown to have been the result of criminal activity.). [Scott's] family is also the family of the victim. for cause. And that was the reason we struck her.. 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). In Harris, we upheld the circuit court's override of the jury's recommendation of life imprisonment without the possibility of parole after the court indicated in its order that it considered evidence outside the record as it related to the aggravating circumstance that two or more persons were killed pursuant to one scheme. (R. First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. All rights reserved. Thus, [t]he role of appellate courts is not to say what the facts are. An invited error is waived, unless it rises to the level of plain error. Ex parte Bankhead, 585 So.2d 112, 126 (Ala.1991). ' Saunders v. State, 10 So.3d 53, 88 (Ala.Crim.App.2007), quoting Scott v. State, 937 So.2d 1065, 1075 (Ala.Crim.App.2005), quoting in turn Adams v. State, 955 So.2d 1037, 105051 (Ala.Crim.App.2003). ]: Well, maybe not every time because sometimes, you know, life without parole is just about as bad as death. v. Alabama, 511 U.S. 127, 114 S.Ct. After police and firefighters arrived at the scene, Davidson stayed with Scott. The Court has weighed the aggravating circumstances against the mitigating circumstances. 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. ), and that Waldrop undermines the reliability of the capital sentencing process. (Scott's brief at p.
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