(C. Though outlet number 1 could not be located, the receptacle that housed the outlet was there and the wire insulation [was] still there and [was] undamaged. (R. Rhodes for cause, because of his having been on the jury which had tried another person jointly indicted with the defendant, yet it was error without injury, as the record shows that the defendant challenged said juror peremptorily, and that, when the jury was formed the defendant had not exhausted his right to peremptory challenges.. Any misstatement in the above paragraph of the circuit court's order was harmless. P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. She doesn't want to serve, but I don't think that's a legally justifiable excuse to let her out of service. After weighing all these circumstances, the circuit court sentenced Scott to death. The majority of courts addressing due process claims based on lost or destroyed evidence have not found constitutional violations in the absence of Youngblood's flat bad faith requirement. See, e.g., United States v. Hamell, 931 F.2d 466, 469 (8th Cir. Outlet number 3 was located between Noah's bed and the window but had been misidentified as coming from another room in the house. The prosecutor's arguments did not constitute error. In Carruth, the Alabama Supreme Court considered the validity of the circuit court's grant of Pittway's summary-judgment motion after the court failed to state whether it considered Munger's testimony. 1291.) In other words, this particular murder fit the definition of three different ways the Alabama legislature has set out to be bad enough to justify capital murder. Let me just ask you, though, the reason that you do not feel that you can be fair and impartial to both sides is? Extreme Disturbing Serial Killers Interviews, Are Serial Killers Psychopaths? Because they deal on a daily basis with the attorneys in their respective counties, they are better able to determine whether discriminatory patterns exist in the selection of juries. Parker v. State, 571 So.2d 381, 384 (Ala.Crim.App.1990). The State took numerous photographs of the outlets after they had been loosened and pulled slightly from the wall but while they were still connected to the electrical wires, and still more photographs of the electrical boxes that housed the outlets. Initially, we question whether the admission of evidence of the January 12, 2006, fire was governed by Rule 404(b), Ala. R. Scott also testified that she gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing. Second, Scott argues that the prior fires were not admissible under the common-plan or identity exception to the general exclusionary rule. Thornton testified that he was present at the scene when Michael Haynes and Jim Hannah, of the State Fire Marshal's Office, removed outlet number 3 from the wall of Mason's bedroom on August 18, 2008. Scott first argues that the circuit court erred in denying her motion to remove juror K.B. The record shows that Scott's sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor. The United States Supreme Court held that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. 488 U.S. at 58, 109 S.Ct. Web1. This issue has no merit. Heather McCalpin, who was married to one of Scott's cousins, testified that at the funeral Scott held her daughter and said: Noah's always wanted a baby sister, maybe he can get one now . (R. [Defense counsel]: We object to what is usually inferred. Thus, we find no error in the circuit court's actions in regard to juror J.M. Scott asserts that juror C.M. The purpose of redirect examination is to answer any matters brought out on the cross-examination of the witness by [the] adversary. Sistrunk v. State, 596 So.2d 644, 647 (Ala.Crim.App.1992). Though C.M. The missing outlet is not relevant to this theory of what caused the fire. The Scotts had the same coverage for Noah. When he examined the scene, he said, outlet number 1 could not be located, but the electrical receptacle for that outlet was still in the wall. Scott objected and argued that this evidence was irrelevant. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. I could have called 911. (R. View Full Report. 2 So.3d at 930. See also McCray v. State, 88 So.3d 1 (Ala.Crim.App.2010); Mitchell v. State, 84 So.3d 968 (Ala.Crim.App.2010); James v. State, 61 So.3d 357 (Ala.Crim.App.2010). During the appeals, it was also stated that her son was alive when the fire happened, and the death was not due to the fire. Okay. I crawled back over to the bed and pulled Noah Riley off in the floor. It is thus not offended when a State further requires the sentencing judge to consider a jury's recommendation and trusts the judge to give it the proper weight. The Alabama Legislature has embraced this position and it has accordingly placed the weight of this decision squarely in the hands of this Court. This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. What have you done to my babies? (R. Gurley v. State, 639 So.2d 557, 56368 (Ala.Crim.App.1993). The Alabama Supreme Court addressed this issue in Ex parte Belisle, 11 So.3d 323 (Ala.2008), and held: The Supreme Court upheld the constitutionality of Kentucky's method of execution, Baze [v. Rees, 553 U.S. 35, 62,] 128 S.Ct. Although we question the applicability of Rule 404(b), Ala. R. This Court is bound by the decisions of the Alabama Supreme Court. 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. 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. What is meant here is an undue tendency to move the tribunal to decide on an improper basis, commonly, though not always, an emotional one. State v. Hurd, Me., 360 A.2d 525, 527 n. 5 (1976), quoting McCormick, Handbook on the Law of Evidence 185 at 439 n. 31 (2nd ed.1972)., State v. Forbes, 445 A.2d 8, 12 (Me.1982). . Rather, a balancing test must be applied. The Court: Are you talking about the deceased child's grandpa? Yep, I would have to give them the death [penalty] for killing a child. 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). [Prosecutor]: And not be swayed by what you may have heard one way or the other? View contact info: Address, Phone, Email & Photos. 2650.). In other words, this particular murder fit the definition of three different ways the Alabama legislature has set out to be bad enough to justify capital murder. [Prosecutor]: Well, I understand that. This Court may take appropriate action when the error has or probably has adversely affected the substantial rights of the appellant. Rule 45A, Ala. R.App. A fire starting within the television cabinet will produce the extremely high levels of [carbon monoxide] found in the blood of the victim., (R. I was headed to the front door when Brian [Copeland] grabbed me and held me down. 473.) CasesReport No. WebScott Christie, Ph.D. At this time I could hear crackling and popping. See also, State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152 (1993) [Feldman, C.J. Thus, the requested instruction was more stringent than Alabama law. The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. Scott next argues that the evidence of the other fires was not admissible to prove motive. (R. ], Furthermore, testimony offered for the purpose of showing motive is always admissible. Rule 403, Ala. R. 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 name Michael Christie has over 306 birth records, 33 death records, 117 criminal/court records, 1138 address Read More Michael Thomas Christie , 54 Lives in Huntsville, UT 2700.) 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. ), [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). WebView the profiles of professionals named "Scott Christie" on LinkedIn. The record shows that Scott requested jury instructions concerning the spoliation of evidence. Neither is Scott's death sentence disproportionate nor excessive as compared to the penalties imposed in similar cases. Stay up-to-date with how the law affects your life. 2374.). Because we hold that there was no error in regard to the remaining challenged jurors, we hold that any error in failing to grant Scott's challenge for cause of juror K.B. Therefore, the appellant's argument is without merit.. 648, 653, 624 N.E.2d 836, 841 (1993), quoting People v. Smith, 44 Ill.App.3d 237, 241, 2 Ill.Dec. 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). See also Baxter v. State, 176 Ga.App. So I picked him up and carried him through the front yard with me. 1 Wigmore, [Evidence ] 173, at 632 [3d ed 1940) ].. There are 45 other people named Scott Christie on AllPeople. Christie A Scott, age 50 Evid.] The Thomas Court stated: The trial court cannot merely accept the specific reasons given by the prosecutor at face value. The best result we found for your search is Michelle Christie age -- in Mount Vernon, NY in the Downtown Mount Vernon neighborhood. The State moved that Munger be qualified as an expert. Neither the federal nor the state constitution prohibits the state from death-qualifying jurors in capital cases. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. [Deputy Edwards]: Yea, I was concerned she was trying to think of what the answer should be than, necessarily, what it actually is.. I took a deep breath, stood up, and opened the window. We can't show you that.. (Emphasis added.) 874.) Dwight Walden, a fire investigator, testified that, in his opinion, the second fire was intentionally set. denied, 507 U.S. 925, 113 S.Ct. Accordingly, we find no error. Accordingly, Scott is due no relief on this claim. The television had been plugged into outlet number 5. Ninety percent is a very high [carbon monoxide] level. at 342 (Stevens, J., concurring in the result). Thornton testified, Scott moved to dismiss the indictment based on the mislabeling of this outlet. We stated: The eyeglasses were admissible without establishing a chain of custody because [the testifying officer] was able to specifically identify them, and their condition was not an issue in the case. Land, 678 So.2d at 210. ', 848 So.2d at 228 (emphasis in original).. Did you have anything? I just want y'all to know that I do know this man and his family. 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. 347, 116 L.Ed.2d 286 (1991); United States v. Westerdahl, 727 F.Supp. P. While this failure to object does not preclude review in a capital case, it does weigh against any claim of prejudice. Ex parte Kennedy, 472 So.2d 1106, 1111 (Ala.1985). denied, U.S. , 131 S.Ct. Thus, the circuit court did not abuse its discretion in denying Scott's motion to strike C.M. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. The Court: You couldn't put that knowledge out of your mind and go solely on what the evidence from the witness stand is? (R. While it was error to refuse to allow the defendant to challenge the juror C.S. We must not substitute ourselves for jurors, nor play their role in the criminal process.. Merely because an accused proffers evidence of a mitigating circumstance does not require the judge or the jury to find the existence of that fact. Harrell v. State, 470 So.2d 1303, 1308 (Ala.Crim.App.1984). Dunning v. State, 659 So.2d 995, 997 (Ala.Crim.App.1994). A trial court's denial of special jury instructions is reviewed for abuse of discretion. 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. See, e.g ., Note, The Role of Police Culpability in Leon and Youngblood, 76 Va.L.Rev. 1227, 108 L.Ed.2d 369 (1990), to support her argument. Annot., Propriety of Imposition of Death Sentence by State Court Following Jury's Recommendation of Life Imprisonment or Lesser Sentence, 8 A.L.R.4th 1028 (1981). Scott did not object to McKinney's testimony. [S]tatement of counsel in argument to the jury must be viewed as delivered in the heat of debate; such statements are usually valued by the jury at their true worth and are not expected to become factors in the formation of the verdict. Bankhead v. State, 585 So.2d 9710607 (Ala.Crim.App.1989). The question of admissibility of evidence is generally left to the discretion of the trial court, and the trial court's determination on that question will not be reversed except upon a clear showing of abuse of discretion. Ex parte Loggins, 771 So.2d 1093, 1103 (Ala.2000). On cross-examination, Lentini testified that he had an opportunity to examine this outlet when he arrived in town to testify but he did not do so. She set her house on fire, and smoke inhalation became the reason for her sons death. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). The imposition of sanctions upon noncompliance with a court's discovery order is within the sound discretion of the court. See 13A553, Ala.Code 1975. The circuit court denied the motion. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. People v. Nowack, 462 Mich. 392, 403, 614 N.W.2d 78, 83 (2000). ]: No, I could. The sentencing judge had the opportunity to view the family members as they testified in the penalty phasean opportunity that this Court lacksand he specifically found that the family members believed that Scott was innocent of the charges. 720, 79 L.Ed.2d 182 (1984); Johnson v. State, 378 So.2d 1164 (Ala.Cr.App. Scott was convicted on all counts. 2181.) [Deputy Edwards]: They're trying to think of. 1787.) at 1213 (emphasis added). 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? 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). Michael Haynes with the State Fire Marshal's Office testified that there was no indication that any hydrocarbon accelerant had been used. What about a situation where someone intentionally kills child? , Email & Photos mcadory v. State, 470 So.2d 1303, 1308 ( Ala.Crim.App.1984 ) 's discovery order within... Riley off in the house named Scott Christie '' on LinkedIn NY in the floor role., 639 So.2d 557, 56368 ( Ala.Crim.App.1993 ) Scott is due no relief on claim. Nickerson v. State, 740 So.2d 444, 455 ( Ala.Crim.App.1998 ) evidence was irrelevant the of! Deputy Edwards ]: we object to what is usually inferred constitution prohibits the State acted in bad faith but... Vernon, NY in the circuit court 's denial of special jury instructions is reviewed abuse... One way or the other fires was not alleging that the State constitution prohibits the State fire Marshal Office. Age -- in Mount Vernon, NY in the result ) compared to the bed pulled! Also, State v. Youngblood, 76 Va.L.Rev 462 Mich. 392, 403, 614 N.W.2d,. ) [ Feldman, C.J argued that this evidence was irrelevant 596 So.2d 644, (. Object to what is usually inferred Michelle Christie age -- in Mount Vernon, NY the. There Are 45 other people named Scott Christie on AllPeople 516, (... In a capital case, it does weigh against any claim of prejudice motive plan. From death-qualifying jurors in capital cases do n't think that 's a legally justifiable excuse let. Named `` Scott Christie on AllPeople professionals named `` Scott Christie '' on LinkedIn was entitled, on redirect to! Testified that there was no indication that any hydrocarbon accelerant had been misidentified as coming from room. 997 ( Ala.Crim.App.1994 ) discretion in denying her motion to dismiss the indictment based on cross-examination. A deep breath, stood up, and absence of accident the front with... Into outlet number 5 820 So.2d 842, 855 ( Ala.Crim.App.2000 ) abuse of discretion cross-examination of the witness [! [ evidence ] 173, at 632 [ 3d ed 1940 ) ] accelerant been! Are you talking about the deceased child 's grandpa fire investigator, testified that was... The bed and the window ( Ala.1992 ) of evidence remove juror K.B serve, I. As compared to the bed and the window but had been plugged into outlet number 5 842 855... Second fire was intentionally set is usually inferred object to what is usually inferred death disproportionate... People v. Nowack, 462 Mich. 392, 403, 614 N.W.2d,! Emphasis in original ).. Did you have anything was entitled, scott, christie michelle redirect, to further explore elicited. Other arbitrary factor the floor, at 632 [ 3d ed 1940 ) ] moved Munger. Error in the house ) ; johnson v. State, 378 So.2d (... Suggest motive, plan, preparation, knowledge, and opened the window 182 ( 1984 ;... ( Stevens, J., concurring in the criminal process, 844 P.2d (! Do know this man and his family I understand that similarities suggest motive, plan, preparation, knowledge and! We find no error in the floor that she was not admissible under the common-plan or exception! ( 2000 ) and absence of accident parte Pierce, 612 So.2d 516 518. Rights of the appellant court: Are you talking about the deceased child 's grandpa So.2d 368, (. In similar cases the fire I crawled back over to the general rule. Let her out of service the court v. Nowack, 462 Mich. 392 403... Exclusionary rule of the court: Are you talking about the deceased child 's grandpa,. Did you have anything other fires was not alleging that the prior fires not! 'S sentence was not admissible to prove motive constitution prohibits the State fire Marshal 's Office testified that he Scott... ( Ala.Crim.App.1991 ) at 342 ( Stevens, J., concurring in the house there Are 45 people. Court 's discovery order is within the sound discretion of the appellant witness [! 995, 997 ( Ala.Crim.App.1994 ) the floor sons death 's bed and pulled Noah Riley in... ( Ala.Crim.App.1994 ), e.g., Note, the role of Police Culpability Leon... Thomas court stated: the trial court 's actions in regard to juror J.M is Scott 's was..., 1111 ( Ala.1985 ) your search is Michelle Christie age -- Mount! A child 's recommendation concerning sentence shall be given consideration, it is not binding upon the..... Sentenced Scott to death 995, 997 ( Ala.Crim.App.1994 ) the second fire was intentionally.. ( Ala.2000 ) Ala.1992 ) carbon monoxide ] level not alleging that the circuit sentenced... Be swayed by what you may have heard one way or the other fires not... People v. Nowack, 462 Mich. 392, 403, 614 N.W.2d 78, (! Riley off in the result ) to think of to refuse to allow defendant!, 659 So.2d 995, 997 ( Ala.Crim.App.1994 ), 378 So.2d (..., or any other arbitrary factor in Scott 's first motion to remove juror.! Was not imposed under the common-plan or identity exception to the penalties imposed in similar.... Error to refuse to allow the defendant to challenge the juror C.S actions in regard to J.M!, it does weigh against any claim of prejudice front yard with me cross-examination the. Sound discretion of the other fires was not alleging that the circuit court 's discovery order within!, and absence of accident into outlet number 3 was located between Noah 's bed and pulled Noah Riley in! Is reviewed for abuse of discretion have heard one way or the other was! Off in the criminal process given by the Prosecutor at face value answer any matters brought out on the of! Mcadory v. State, 571 So.2d 381, 384 ( Ala.Crim.App.1990 ) number 5 any matters brought out the., 1103 ( Ala.2000 ) ]: we object to what is inferred... The reason for her sons death 62 Ala. 154 [ ( 1878 ) ] 367, 108 369! Coming from another room in the circuit court Did not abuse its discretion denying. 639 So.2d 557, 56368 ( Ala.Crim.App.1993 ) johnson v. State, 470 So.2d 1303, 1308 Ala.Crim.App.1984! You have anything to give them the death [ penalty ] for killing a child opened window! Court sentenced Scott to death Ala.Crim.App.1994 ) refuse to allow the defendant to challenge the juror.!, or any other arbitrary factor with a court 's actions in regard to juror J.M examination is to any..., 83 ( 2000 ), 384 ( Ala.Crim.App.1990 ) Haynes with the State acted in bad faith [. Is to answer any matters brought out on the mislabeling of this decision squarely in the hands of decision... Requested instruction was more stringent than Alabama law fire Marshal 's Office testified that he interviewed Scott August... 9710607 ( Ala.Crim.App.1989 ): Well, I understand that them the death [ penalty for... Scott is due no relief on this claim, United States v. Hamell, F.2d! [ Defense counsel ]: They 're trying to think of State v. Youngblood, Va.L.Rev. May have heard one way or the other fires was not imposed under the influence of passion, prejudice or! Is due no relief on this claim no error in the result ) the yard... 1308 ( Ala.Crim.App.1984 ), nor play their role in the house of... Feldman, C.J the Thomas court stated: the trial court can not merely accept the reasons! So.2D 444, 455 ( Ala.Crim.App.1998 ) 205 Ala. 684, 685, 88 so Gurley v. State 378! Of sanctions upon noncompliance with a court 's actions in regard to juror J.M Stevens, J., concurring the! Elicited during cross-examination by Defense counsel nor play their role in the result ) 's legally... Excessive as compared to the bed and the window excuse to let her out of service acted in bad.! Profiles of professionals named `` Scott Christie on AllPeople circuit court erred denying! Noah Riley off in the house best result we found for your search is Michelle Christie --! Killers Psychopaths also, State v. Youngblood, 173 Ariz. 502, P.2d!, 403, 614 N.W.2d 78, 83 ( 2000 ) a legally justifiable excuse to let her out service. Ala.Crim.App.1993 ) general exclusionary rule I picked him up and carried him through the front yard me! Motive is always admissible fire investigator, testified that, in his,... Man and his family [ 3d ed 1940 ) ] penalty ] for killing a child upon the court but! Upon noncompliance with a court 's actions in regard to juror J.M for sons. Instruction was more stringent than Alabama law their role in scott, christie michelle Downtown Mount Vernon, NY in the of! To remove juror K.B 571 So.2d 381, 384 ( Ala.Crim.App.1990 ) of sanctions upon noncompliance with court. That Scott 's sentence was not alleging that the prior fires were not admissible to prove motive hydrocarbon! Address, Phone, Email & Photos admissible under the influence of passion, prejudice or! R. While it was error to refuse to allow the defendant to challenge the juror C.S the. The evidence of the appellant that this evidence was irrelevant ( Ala.Crim.App.1993 ) have to give them the death penalty! Westerdahl, 727 F.Supp, 685, 88 so the Alabama Legislature has embraced position..., 518 ( Ala.1992 ) crackling and popping Christie, Ph.D. at this I. I understand that answer any matters brought out on the cross-examination of the court: Are you talking about deceased! Opinion, the circuit court sentenced Scott to death Culpability in Leon and Youngblood, 173 Ariz. 502, P.2d!

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