(R. 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. 308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. 220607.) Scott argues that the circuit court erred in denying her motion for a change of venue because, she says, the community was so saturated with prejudicial pretrial publicity that she was prevented from obtaining a fair and impartial trial. Id. Dr. Emily Ward, a pathologist with the Alabama Department of Forensic Sciences, testified that Mason died from smoke in his airway and thermal burns. Because that's what caused that bead. See State v. Hester, 324 S.W.3d 1, 80 (Tenn.2010) ([W]e find that Mr. Hester has not offered a persuasive argument for revisiting this Court's previous decisions upholding the constitutionality of Tennessee's lethal injection protocol.); Henyard v. State, 992 So.3d 120, 130 (Fla.2009) (We have previously concluded in Lightbourne [v. McCollum, 969 So.2d 326 (Fla.2007),] and Schwab [v. State, 969 So.2d 318 (Fla.2007),] that the Florida protocols do not violate any of the possible standards, and that holding cannot conflict with the narrow holding in Baze. [Prosecutor]:and apply the law to the facts as you see them? Testimony indicates that they feel [Scott] is not guilty. United States v. Koopmans, 757 F.2d 901, 906 (7th Cir.1985); United States v. Saitta, 443 F.2d 830, 831 (5th Cir.1971); Hansen v. United States, 393 F.2d 763, 770 (8th Cir.1968). Evid.] denied, 423 U.S. 951, 96 S.Ct. Scott next argues that the circuit court erred in denying her motion to remove juror A.K. Firefighters testified that after extinguishing the fire they searched the house several times before they were able to identify Mason's badly charred body. ), cert. ], Furthermore, testimony offered for the purpose of showing motive is always admissible. Scott moved that juror A.K. These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. In Huddleston v. United States, 485 U.S. 681, 687, 108 S.Ct. Bragwell further testified that Scott told her that her nice wedding ring was not in the house at the time of the fire but was at her mother's house. [Deputy Edwards]: They're trying to think of. 2181.) Although motive is not an element of first-degree murder, it is evidence of intent. See Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. I would ask you not to talk to anyone at home about the case tonight .. and M.W. The email address cannot be subscribed. [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). The life the prosecutor posited for the victim if she had lived was a conventional one. 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. As such, the prior fire cannot be said to constitute an offense to which the general exclusionary rule applies.. 239940.) 1260. Scott asserts that the admission of this evidence violated Rule 404(b), Ala. R. Evid. In this case, the jury has already performed this calculus based on its understanding of the evidence introduced at trial. There are 100+ professionals named "Scott Christie", who use LinkedIn to exchange information, ideas, and opportunities. 323 .) at 1242. That approach is based on the premise that 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. [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). [Deputy Edwards]: I'm sorry, could you repeat it one more time? P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. Davis v. State, 718 So.2d 1148, 1157 (Ala.Crim.App.1995) (footnote omitted). 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.. In the same year, Any witness that has been listed by the State on its notice pertaining to these two fires will be permitted to testify. 1194, 10 L.Ed.2d 215 (1963). Jeremy and Christie Scott were the beneficiaries of the policies, Robinson said. The State asserted that it intended to introduce this evidence to show plan, motive, and identity. Christie Michelle is on the death penalty because of the murder of her child as evaluated by the court. 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. [C.M. Motive has been described as that state of mind which works to supply the reason that nudges the will and prods the mind to indulge the criminal intent. [Charles Gamble, Character Evidence: A Comprehensive Approach 42 (1987). The actual prejudice standard is defined as follows: To find the existence of actual prejudice, two basic prerequisites must be satisfied. Christie Michelle SCOTT v. STATE of Alabama. Cpt. 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. Cpt. The prosecutor's argument was a legitimate inference that could have been drawn from the evidence and did not so infect the trial with unfairness that Scott was denied due process. Anna Kay Greenhill, an employee of Hello Gorgeous, testified that on Saturday at around 2:00 p.m. on the day of the fire Scott and Jeremy came to the salon for Jeremy to get a haircut. Youngblood, 488 U.S. at 5961, 109 S.Ct. 304 (1909) ] all involved only one juror, those cases can be distinguished. Evidence of prior [or subsequent] bad acts of a criminal defendant is presumptively prejudicial to the defendant. Bolden v. State, 595 So.2d 911, 913 (Ala.Crim.App.1991), cert. P., which states: In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.. ); Goff v. State, 14 So.3d 625, 665 (Miss.2009) (Goff's claim that Mississippi method of inflicting death by lethal injection constitutes cruel and unusual punishment was dispositively rejected in favor of the State by the United States Supreme Court's holding in Baze v. Rees and by this Court's holding in Bennett v. State [, 990 So.2d 155 (Miss.2008) ].); O'Kelley v. State, 284 Ga. 758, 770, 670 S.E.2d 388, 399 (2008) ([W]e conclude that O'Kelley failed to meet the standard as enunciated by the United States Supreme Court for finding a state's lethal injection procedures cruel and unusual, in that he has not demonstrated that Georgia's procedures create a substantial risk of serious harm. ). Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. The following occurred: The Court: [J.M.] Join Facebook to connect with Scott Christie and others you may know. 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. Gunn v. State, 387 So.2d 280 (Ala.Cr.App. WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. Kirk Berryman, a former agent with Farm Bureau Insurance, testified that in February 2005 he sold the Scotts insurance for their home on Steel Frame Road in the amount of $116,000. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. The court supported the foregoing statement by citing the same quote from Justice Stevens' concurrence in Youngblood that was acknowledged, in State v. Steffes, supra, to be the source of authority for jurisdictions rejecting Youngblood, and that was cited by the Alabama Supreme Court in Ex parte Gingo. Neither is Scott's death sentence disproportionate nor excessive as compared to the penalties imposed in similar cases. Juror S.S. indicated that she could follow the law and the evidence. ), and that Waldrop undermines the reliability of the capital sentencing process. (Scott's brief at p. [Prosecutor], anything? It could be, yes. After Cpt. Brian Shackelford of the City of Russellville Police Department testified that when Scott's family arrived at the scene of the fire, Scott got out of the ambulance to meet them. Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. 874.) View contact info: Address, Phone, Email & Photos. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. Testimony of Scott's actions after the fire and the death of her son was relevant to Scott's guilt and was properly admitted. 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. Therefore, the clothing could not be subjected to tests the results of which might have exonerated the accused. Accord, Donahoo v. State, 505 So.2d 1067 (Ala.Cr.App.1986). 2175.) [C.M. After weighing all these circumstances, the circuit court sentenced Scott to death. They have also lived in Bronxville, NY. [Prosecutor]: I'll rephrase the question. 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. We note: A trial court has broad discretion when formulating its jury instructions. And looking at that, you know, I can basically say none of those receptaclesI didn't have any problem with any of those receptacles. 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. And of course, that would be a big concern since the Russellville Police Department is front and center in this case. at 337. This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. Accordingly, Scott failed to establish a Brady violation. How are you? (R. 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). 1895.) [Defense counsel]: I don't have anything else, Your Honor. The circuit court denied the motion and indicated that it would see what happened during the voir dire examination. 76 Va.L.Rev. (C. 360, 121 L.Ed.2d 272 (1992) ([i]t is worth noting that neither Justice Stevens (concurring in the judgment only) nor Justice Blackmun (dissenting) read the majority opinion in Youngblood as adopting anything short of a flat bad faith requirement, absent which there is no need for any materiality inquiry) (emphasis added). The record clearly shows that the venire was not biased based on any pretrial publicity. Scott next asserts that the circuit court should have removed juror S.S. for cause based on her views toward the death penalty and because she knew State witness Brian Copeland. See also Cherry v. Audubon Ins. 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)).. Scott objected and requested that she be allowed to voir dire Munger. The process of rejecting a jury's recommended sentence is not an undertaking that most trial judges relish. In this case, unlike Bethea, the jurors who ultimately were selected fell in the category of jurors who would likely have been the subject of peremptory challenges had such challenges been available. 1489.) Davidson telephoned 911 again to inform them that a child was still in the house. Scott next argues that the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. This holding has been extended to protect white defendants from racial discrimination in jury selection, to prohibit gender-based discrimination, and to prohibit defense counsel from discriminating during jury selection. ]: Certain crimes just make me sick, you know. It was in 2004 that a previously unidentified fingerprint recovered from Michelle Schofields abandoned vehicle (in 1987) was matched to convicted killer Jeremy Scott, connecting him to the whole case. And for what (inaudible) I've heard so much. The weight to be given [a jury's recommendation of life imprisonment without the possibility of parole] should depend upon the number of jurors recommending a sentence of life imprisonment without parole.' 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. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). A psychiatrist, Dr. Rebecca Dailey, testified that Mason was brought to her for an evaluation in April 2007. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.. Later, in Ex parte Tomlin, 909 So.2d 283 (Ala.2003), the jury unanimously recommended that Tomlin be sentenced to life imprisonment without the possibility of parole and the court's only explanation for overriding its recommendation was that Tomlin's codefendant had been convicted of capital murder and sentenced to death. 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, 440 So.2d at 1229. Ex parte Davis, 718 So.2d 1166, 117172 (Ala.1998). Initially, this Court notes that, [i]f the accused's commission of another crime is otherwise competent and admissible under one of the exceptions to the general exclusionary rule, the state may prove his guilt of the other crime by the same kind of evidenceboth circumstantial and directthat would be admissible if the accused were being tried for the other crime. McElroy's Alabama Evidence, supra, at 69.02(5). (R. 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). 1628, 14 L.Ed.2d 543 (1965); Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. State v. Daigle, 440 So.2d 230, 235 (La.Ct.App.1983). 1896.) More than 70 witnesses testified for that, and the death case in chief reviewed the evidence as well. Id. The second best result is Christie Lesley Scott age 50s in Boaz, AL. Christie Scott. 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. See also McCray, supra; Phillips v. State, 65 So.3d 971 (Ala.Crim.App.2010). 344, 34849, 570 N.E.2d 820, 82425, appeal denied, 141 Ill.2d 556, 162 Ill.Dec. See Vanpelt v. State, 74 So.3d 32 (Ala.Crim.App.2009); Smith v. State, 908 So.2d 273 (Ala.Crim.App.2000); Sockwell v. State, 675 So.2d 4 (Ala.Crim.App.1993). Cpt. WebScott Christie has prior experience at Foresters Financial, Protective Life, Liberty Mutual Insurance and works in Cincinnati. Thus, we find no error in the circuit court's admission of Bray's statement to Scott. Turner v. State, 924 So.2d 737, 754 (Ala.Crim.App.2002). The Jack and Jill bathroom light was on and the night-light played andplugged into the wall. 342, 352, 812 A.2d 1050, 1056 (2002). 1126.) A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. Appellant relies on Moreland v. State, 373 So.2d 1259 (Ala.Cr.App.1979), which states: of a person for the alleged commission of a particular crime, evidence of other acts which of themselves constitute distinct and independent offenses is not admissible [B]efore evidence of a second fire is introduced, there must be some legitimate evidence which would at least furnish a reasonable inference of the involvement of the accused., Appellant cites to this court a correct proposition of law, but one that is inapplicable to the case at bar. Home Christie Michelle Scott Women on Death Row in United States. See Phillips v. State, 39 So.3d 296, 304 (Fla.), cert. 2031, 20352036, 44 L.Ed.2d 589 (1975). Ex parte Grayson, 479 So.2d 76, 80 (Ala.1985). Can you do that? The movie went off around 11:00 p.m. 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. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? Copeland said that Scott told him that all the doors were locked and there was no way to get inside the house, that Scott did not enter any numbers in the keypad to open the garage door in his presence, that he did not enter any numbers in the keypad, and that he did not have to restrain Scott to prevent her from going into the house. 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). [Defense counsel]: Objection, Your Honor. Following Youngblood, this court decided State v. Gingo, 605 So.2d 1233 (Ala.Cr.App.1991). 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. Deputy Edwards read Scott's statement to the jury. See Rule 45A, Ala. R.App. The particular instructions that you presented me in regard to intentional, I'm not going to present. We will do anything we can to try to help in that process. (R. Noah was still up and she had him come to bed with her. The next thing I remember is something hitting my face. Killing your own child for money by burning him alive is too much to overcome. An attitude of mistrust expressed on a juror questionnaire should be given the same weight as an attitude of mistrust or bias expressed by a juror on voir dire examination.. 2374.). 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. indicated that he could follow the law and consider the mitigating evidence. Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549(6), Ala.Code 1975. [Defense counsel]: We object to what is usually inferred. answered that she only had some faith in the Russellville Police Department, that her brother had been convicted of assault, and that she had a family member or friend who had been murdered. There is no reason to disturb the jury's verdict in this case. Carden v. State, 621 So.2d 342, 347 (Ala.Crim.App.1992). 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). Cpt. Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. But compare United States v. White, 766 F.Supp. Lee Janacek, director of claims for the Woodmen of the World Insurance Company, testified that on August 16, 2008, Scott obtained a third life-insurance policy on Mason in the amount of $100,000. Alabama Courts have consistently held likewise. That is a powerful statement. First, Scott argues that evidence of the two 2006 fires was not admissible because, she says, the State failed to establish sufficient evidence of Scott's connection to the fires. indicated that he was biased based on his knowledge of the case. I crawled over to the door. quashed, 378 So.2d 1173 (Ala.1979).. Already performed this calculus based on that preexisting information that you presented me in regard intentional!, 109 S.Ct 318, 450 A.2d 913, 919 ( 1982 ) ( footnote omitted ) Arizona, U.S.. Was brought to her for an evaluation in April 2007 30-year-old woman who lived in Alabama,,. Inform them that a child was still in the circuit court erred in denying her motion to remove A.K! 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