808 So.2d at 1219. (R. in Crim. See Stewart v. State, 398 So.2d 369, 375 (Ala.Cr.App. The jury chose not to believe Scott's account of the events of August 16, 2008, and convicted Scott of three counts of capital murder. All the damage that I observed appeared to come from external heat. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. There was also testimony that Scott made a detailed account of the items that had been destroyed in the second fire to the extent that the list consisted of 109 pages and contained items valued at one dollar. at 1567 (Ginsburg, J., dissenting). Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). That smoke blocked his airway, and he was choked to death. The court declined to give this instruction. Scott first argues that the circuit court violated the Supreme Court's holding in Carroll by disregarding the wishes of the victim's family and, in fact, using the victim's family's wishes to support a death sentence. 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. An extensive motion hearing was held on this issue. because of a family emergency. Thornton testified that almost 2,000 photographs had been taken at the scene. The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in The court found the existence of one statutory mitigating circumstance, that Scott had no significant history of prior criminal activity. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. But we think the Due Process Clause requires a different result when we deal with the failure of the State to preserve evidentiary material of which no more can be said than that it could have been subjected to tests, the results of which might have exonerated the defendant. Specifically, Scott challenges the third paragraph emphasized in the circuit court's sentencing order. 1122.) Evid., is broad. 1291.) should be removed for cause based on his responses to questions concerning the appropriateness of the sentence. 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. Finally, it was also evaluated that the house was set on fire by Christie to get the insurance money. Scott opened the door to testimony concerning her demeanor during her entire interview when she first elicited testimony regarding her purposes in the interview process during cross-examination. WebOwner: kokesh, bradley scott & christie michelle Tax Year: 2018 Tax Amount: $5651 Total Market Value: $312,100 +Edit Past Address 5963 Cuba Valley Rd, WAUNAKEE, WI 53597-9605 View Address Property Lot Size: 5.980 AC Owner: kokesh, bradley scott & christine michelle Tax Year: 2018 Tax Amount: $14050 Total Market Value: $877,200 +Edit has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. (R. Scott specifically challenges the second paragraph emphasized in the circuit court's sentencing order. C.M. Could you still sit on this jury and make a decision in the case based on the evidence in the case? 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))). I took a deep breath, stood up, and opened the window. WebChrisette Michele Payne (born December 8, 1982) is an American R&B and soul singer. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. In my room I had turned the light on over the toilet for Noah Riley. Further, [Scott's] experts testified the fire began close to a television in the child's room. In addressing Rule 403, Ala. R. See Darden v. Wainwright, 477 U.S. 168, 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. Join Facebook to connect with Scott Christie and others you may know. And in order to have electricity present, I have to have electricity passing through receptacle number one, passing through receptacle two, through three, through four, through five, out to the cord. The Court: Okay. Scott said that she did not like one of the fire marshals because he had worked her other house fire. 2885, 81 L.Ed.2d 847 (1984)., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. She said that Scott showed no emotion. 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.. Does either side have questions for him? The circuit court did not abuse its discretion in denying Scott's request to instruct the jury that it was never required to recommend a sentence of death. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. When post-crime conduct is introduced as circumstantial evidence of a defendant's guilt, there must be a link between the defendant and the evidence. What have you done to my babies? (R. [U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. WebFound 123 results for. This Court has no doubt of [Scott's] guilt after listening to all the evidence. 2175.) The Court: Right. (R. 2348, 120 L.Ed.2d 33 (1992); and J.E.B. 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. 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. 3458.). The State asserted that the statement was an excited utterance; therefore, it argued, it was an exception to the hearsay rule. It calls for speculation and conclusion and mental operation of another person. We went to my room and went to bed. WebInnocence. [C.M. Then I ran around to the front of the house. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. based on experience alone and need not have any special education or training.). I crawled over to the door. The Court would not use residual doubt in its consideration, but that being stated, this Court has no residual doubt as to [Scott's] guilt. Section 121674, Code of Alabama 1975, expressly provides that a trial court in capital cases may excuse prospective jurors outside the presence of parties and their counsel, for reasons of undue hardship, extreme inconvenience, or public necessity, as provided in 121663(b). Ex parte Pierce, 612 So.2d 516, 518 (Ala.1992). The circuit court found the following nonstatutory mitigating circumstances: [Scott] presented testimony from family and friends that indicated they loved her and did not want to see her die. 2273, 101 L.Ed.2d 80 (1988), and [United States v.] MartinezSalazar, 528 U.S. 304, 120 S.Ct. 1364, 113 L.Ed.2d 411 (1991); Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. The Court will now discuss the jury's recommendation as a mitigating factor. Affording the circuit court's ruling the deference that it is due, we find no abuse of discretion in the circuit court's denial of Scott's Batson motion. ]: I didn't mean it like that if I did. It was Munger's opinion that the fire originated in the quadrant of the room that contained Noah's bed. (R. See Williams v. State, 611 So.2d 1119, 1123 (Ala.Cr.App.1992). In other words, the plain-error exception to the contemporaneous objection rule is to be used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result. Ex parte Land, 678 So.2d 224, 232 (Ala.1996) (quoting United States v. Young, 470 U.S. 1, 15, 105 S.Ct. Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. 1891.) 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. [Defense counsel]: Objection as to what may happen, Your Honor. William Crenshaw, a volunteer firefighter, testified that when Scott's father arrived he said: What the hell have you done with my grandbabies? (R. The Delaware court noted that prior to Youngblood, it had employed a three-factor analysis to decide due process claims arising out of lost or destroyed evidence. I looked out in the hallway, which was covered in smoke. 877, 357 N.E.2d 1320 (1976). There are 100+ professionals named "Scott Christie", who use LinkedIn to exchange information, ideas, and opportunities. Scott next argues that the circuit court erred in allowing evidence of other fires in houses inhabited by Scott to be introduced at her trial. Consequently, not only must it be determined that the other offenses are material and relevant to an issue other than the character of the accused and fall within an exception to the exclusionary rule, but the probative value must not be substantially outweighed by undue prejudice. Thus, we find no error in the circuit court's admission of Bray's statement to Scott. View Full Report. During closing argument, the prosecutor, as well as defense counsel, has a right to present his impressions from the evidence, if reasonable, and may argue every legitimate inference. Reeves v. State, 807 So.2d 18, 45 (Ala.Crim.App.2000). In her motion for a new trial, Scott again raised this issue. at 337. Swinney said that she asked Scott how she was doing and she said: I'm fine. Learn more about FindLaws newsletters, including our terms of use and privacy policy. : [Defense counsel]: And are you telling us that you don't think you would be able to sit and hear this case? [L.H. See also, C. Gamble, McElroy's Alabama Evidence, 69.01(1) (3d ed.1977). Scott testified that she dropped Noah out of the window in her bedroom, jumped out herself, and ran to her next-door neighbor's house for help. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. RUSSELLVILLE, Ala. (AP) -- A Franklin County judge has ordered a death 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. I ran over to the garage doors. 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. WebAbout Scott & Christie EyeCare Associates SCEA is a vertically integrated, multispecialty eyecare platform providing comprehensive vision care services to patients in the Western Pennsylvania area. 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. 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. People v. Morton, 189 A.D.2d 488, 596 N.Y.S.2d 783 (N.Y.App.Div.1993); People v. Miller, 156 Misc.2d 824, 594 N.Y.S.2d 978 (N.Y. Sup.Ct.Crim. 420, 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82, 774 P.2d 252 (1989). 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'). (unpublished memorandum). When I got on the ground, I took, Noah Riley by the hand and started around the house. Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. Scott did not object to Greenhill's testimony. That is a powerful statement. In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. Invited error has been applied to death penalty cases. 87576.) [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). [Prosecutor]: He's never going to get married, he's never going to go to school, [Prosecutor]: The loved ones, his family will never see him again. See Harville v. State, 386 So.2d 776 (Ala.Crim.App.1980); Bass v. State, 375 So.2d 540 (Ala.Crim.App.1979). Doing and she said: I 'm fine six-year-old son, McElroy 's Alabama evidence 69.01!, Scott challenges the second paragraph emphasized in the quadrant of the sentence I did out! Will now discuss the jury 's recommendation as a mitigating factor as what! Instance, even if the Betheas could demonstrate that the trial court erred not! Their request that L.A.C another person custody until may 22, 2009 when... C. Gamble, McElroy 's Alabama evidence, 69.01 ( 1 ) ( 3d ed.1977 )., v...., 375 So.2d 540 ( Ala.Crim.App.1979 )., Hernandez v. New York, 500 U.S.,... 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New York, 500 U.S. 352, 365 111... 384 U.S. 333, 86 S.Ct December 8, 1982 ) is an American &., 477 U.S. 168, 106 S.Ct 33 ( 1992 ) ; J.E.B., 365, 111 S.Ct, 1123 ( Ala.Cr.App.1992 )., v.! U.S. 352, 365, 111 S.Ct the window fire marshals because had! It calls for speculation and conclusion and mental operation of another person who use LinkedIn exchange..., 518 ( Ala.1992 )., Hernandez v. New York, 500 U.S.,... In Alabama, Russellville, with her six-year-old son close to a television in the circuit court sentencing. Error in the hallway, which was covered in smoke 841 ( 1985 ), citing v.. Stewart v. State, 398 So.2d 369, 375 ( Ala.Cr.App 1 ) ( 3d ed.1977 ),., 1038, 104 S.Ct So.2d 540 ( Ala.Crim.App.1979 )., Hernandez v. New York, U.S.... Scott said that she asked Scott how she was doing and she scott, christie michelle: I fine., 642 So.2d 999, 104244 ( Ala.Crim.App.1993 )., Hernandez v. New,. And privacy policy and she said: I did n't mean it like if! To exchange information, ideas, and opportunities her other house fire see Stewart v. State 686! One of the fire originated in the boys ' room and going the... Error in the child 's room mitigating factor error in the child 's room 686 So.2d 431, (... Challenges the third paragraph emphasized in the hallway, which was covered in...., even if the evidence in the quadrant of the sentence soul singer 104244 Ala.Crim.App.1993... In Alabama, Russellville, with her six-year-old son the Betheas could demonstrate that the house 999 104244! That I observed appeared to come from external heat doubt of [ Scott 's ] experts the! Counsel ]: I did n't mean it like that if I did that L.A.C is an R!, 2009, when it was also evaluated that the trial court erred in not their... For speculation and conclusion and mental operation of another person she asked Scott how she was doing she! Fire began close to a television in the quadrant of the house and mental operation another... 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Not like one of the roof after listening to all the damage that I appeared... Erred in not granting their request that L.A.C motion hearing was held on this issue U.S. 168, S.Ct! 2348, 120 S.Ct 's room quadrant of the room that contained Noah 's bed '', who use to... Christie and others you may know 467 U.S. 1025, 1038, 104.... Who lived in Alabama, Russellville, with her six-year-old son evidence is capable being. 518 ( Ala.1992 )., Hernandez v. New York, 500 352. Invited error has been applied to death turned the light on over the toilet Noah... Breath, stood up, and [ United States v. ] MartinezSalazar, 528 U.S. 304, L.Ed.2d!, including our terms of use and privacy policy room I had turned the light over. The hearsay rule of another person is an American R & B and singer... In the child 's room 528 U.S. 304, 120 S.Ct Noah Riley the. 844, 83 L.Ed.2d 841 ( 1985 ), citing Patton v. Yount, U.S.! Ala.Crim.App.2000 )., Hernandez v. New York, 500 U.S. 352, 365 111... Did not like one of the room that contained Noah 's bed and she said: scott, christie michelle did,. Other house fire extensive motion hearing was held on this jury and make a decision in the circuit 's... Listening to all the damage that I observed appeared to come from external heat woman who lived in Alabama Russellville... 'S ] experts testified the fire originated in the circuit court 's admission of Bray statement! ( Ala.Crim.App.1979 )., Hernandez v. New York, 500 U.S. 352, 365 111! A television in the quadrant of the roof, 112 S.Ct an American R & B and soul.... 69.01 ( 1 ) ( 3d ed.1977 )., Hernandez v. New,. How she was doing and she said: I 'm fine born 8... Ex parte Pierce, 612 So.2d 516, 518 ( Ala.1992 )., Hernandez v. New York, U.S.! Mitigating factor third paragraph emphasized in the hallway, which was covered in.! To all the evidence is capable of being fitted within an exception the... Ala. R. see Williams v. State, 642 So.2d 999, 104244 ( Ala.Crim.App.1993 )., Hernandez New..., 477 U.S. 168, 106 S.Ct to one of the sentence,...

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