scott, christie michelle

It was their opinion that the fire was a closed-cabinet fire because of the high level of carbon monoxide in Mason's blood. The circuit court denied the motion and indicated that it would entertain the motion at a later date if anything else developed. Because of Carroll's age at the time of the offense, his lack of a significant criminal history, and the recommendation of the victim's family that he be sentenced to life imprisonment without parole, the jury's 102 recommendation that he not be sentenced to death tips the scales in favor of following the jury's recommendation. 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. We stated: In its order, the trial court outlined its reasons for overriding the jury's verdict recommending a sentence of life without parole. 309, 315 n. 17 (W.D.Wis.1991), affirmed, 965 F.2d 473 (7th Cir.1992), cert. 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. We went to sleep. Indeed, our review of the record fails to show that police officers, firefighters, or any other State officials acted in bad faith during the investigation of the fire/homicide. (R. Douglas James Carpenter, a fire-protection engineer, stated that he examined the fire scene and the evidence. Kinder, at 6061. 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). *Club domestic league appearances and goals, correct as of 15:26, 14 June 2019 (UTC) Scott Christie is a Scottish footballer who last played as a goalkeeper for Kelty Hearts. 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. Evid., because, she argues, there was no evidence that Scott started the other fires. 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. 1583.). for cause because A.K. The process of rejecting a jury's recommended sentence is not an undertaking that most trial judges relish. Moreover, [A] venire member's written answers to a juror questionnaire may provide a valid reason for a peremptory strike. Grant v. State, 325 S.W.3d 655, 660 (Tex.Crim.App.2010). 2651.) Specifically, Scott challenges the following portion of the court's order: The jury found [Scott] guilty of three counts of capital murder. 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. 1507, 16 L.Ed.2d 600 (1966). just came to my office during the break and stated he knew facts from both sides and just does not feel like he can be fair and impartial and set aside that. 531, 133 L.Ed.2d 437 (1995); Holladay v. State, 629 So.2d 673 (Ala.Cr.App.1992), cert. This appeal, which is automatic in a case involving the death penalty, followed. the law would say that there are certain times that even the killing of a child does not warrant the death penalty depending upon aggravating and mitigating circumstances. In Huddleston v. United States, 485 U.S. 681, 687, 108 S.Ct. Williams v. State, 795 So.2d 753, 780 (Ala.Crim.App.1999). We can find no legal basis for disturbing the circuit court's sentence in this case. These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. Dr. Franco testified that there were five electrical outlets in the boys's bedroom, that the wiring ran under the floor, that the outlets were all on one circuit breaker, that he inspected every outlet and receptacle, except outlet number 1, that he took 425 photographs of the scene, that he examined the wiring underneath the house, that he examined the attic, that the night-light was not the cause of the fire, that there was no damage to the underground wiring in the house, that the fire did not originate in outlet number 1 because the electrical box that housed the outlet was intact, and that, in his opinion, the fire was not electrical in origin. A.K. To do so was reversible error. See also Ex parte Woodall, 730 So.2d 652 (Ala.1998). 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. denied, 502 U.S. 1047, 112 S.Ct. Id. at 1571 (Ginsburg, J., dissenting). [Deputy Edwards]: Yea, I was concerned she was trying to think of what the answer should be than, necessarily, what it actually is.. Further, [Scott's] experts testified the fire began close to a television in the child's room. We cannot say that the admission of evidence of the 2006 fires was unduly prejudicial to Scott or that it caused the jury to convict her for improper reasons. If there is no evidence of bad faith, the sanction imposed by the trial court should be no more than is necessary to assure the defendant a fair trial. In her petition, Scott raises 22 issues for review. 544, 552, 754 P.2d 1021 (1988) (testimony that defendant showed no reaction to news of wife's death was properly admitted). 156, 157 (1908).. Scott further argues that the circuit court used information unavailable to the jury as a basis for increasing the weight it gave to one of the aggravating circumstances. In Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. The jury recommended a life Bolden; Smiley v. State, 376 So.2d 813 (Ala.Crim.App.1979).. The evidence was testified from the Forensic Alabama Department. WebChristie Michelle Scott was convicted of capital murder in July 2009. The Court: Yes, I do remember that, but she said that she, personally, could follow the judge's instructions. 2650.). The life the prosecutor posited for the victim if she had lived was a conventional one. B.H. Jury Instr. The fire, he said, originated in Mason's and Noah's bedroom. Young v. State, 283 Ala. 676, 220 So.2d 843 (1969); Willis v. State. Was that appropriate for the death penalty every time? In Carroll, 10 jurors recommended life without parole. This fire was ruled an accident. Kelty Hearts. 808 So.2d at 1219. The following testimony was presented concerning these two fires: A real-estate broker, Willodean Davis testified that in May 2005 her company, Davis Realty and Associates, listed the Scott house on Steel Frame Road for sale. The circuit court's order sentencing Scott to death, states, in part: The final non-statutory mitigating factor is the jury's recommendation of life without parole. On cross-examination, defense counsel asked Deputy Edwards whether he used kinesic interview techniques when he conducted interviews and he asked Deputy Edwards to define those techniques. Texas Has Scheduled Her Execution for April 27. 2428, 153 L.Ed.2d 556 (2002), requires that her death sentence be vacated. Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of objectively intolerable risk of harm that qualifies as cruel and unusual. Baze, [553 U.S. at 50], 128 S.Ct. Both the prosecutor and defense counsel indicated that they had no problems with the circuit court's method of handling the issue. The appellant contends in his brief that he was never charged with the two earlier fires, that no one saw him set them, and therefore that they should not have been allowed into evidence. The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in In the same year, (R. A psychiatrist, Dr. Rebecca Dailey, testified that Mason was brought to her for an evaluation in April 2007. 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. See Dixon v. Hardey, 591 So.2d 3 (Ala.1991); Knop v. McCain, 561 So.2d 229 (Ala.1989); Ex parte Rutledge, 523 So.2d 1118 (Ala.1988); Ex parte Beam, 512 So.2d 723 (Ala.1987); Uptain v. State, 534 So.2d 686, 688 (Ala.Crim.App.1988) (quoting Swain and citing Beam and Rutledge ); Mason v. State 536 So.2d 127, 129 (Ala.Crim.App.1988) (quoting Uptain ). Scott made no objection when this exhibit was admitted into evidence. The circuit court held that based on the Supreme Court's opinion in Carruth v. Pittway Corps, 643 So.2d 1340 (Ala.1994), Munger was a qualified expert in fire science and technology and that Scott could attack Munger's credentials on cross-examination. Any witness that has been listed by the State on its notice pertaining to these two fires will be permitted to testify. Such a recommendation is to be treated as a mitigating circumstance. The trial court erred in denying GM's challenges for cause as to the five veniremembers related to attorneys in this case.. Faircloth v. State, 471 So.2d 485 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). Powe v. State, 597 So.2d 721, 724 (Ala.1991). 453, 78 L.Ed.2d 267 (1983). 2588.). I went back to watch my movie. As the Alabama Supreme Court stated: [W]hen a defendant is found guilty of a capital offense, any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentencing hearing. Ala.Code 1975, 13A545(e), Because the jury convicted Waldrop of two counts of murder during a robbery in the first degree, a violation of Ala.Code 1975, 13A540(a)(2), the statutory aggravating circumstance of committing a capital offense while engaged in the commission of a robbery, Ala.Code 1975, 13A549(4), was proven beyond a reasonable doubt. Ala.Code 1975, 13A545(e); Ala.Code 1975, 13A550. Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. In this case, when evidence of the 2006 fires was admitted, the court gave the jury the following instruction: Now, the law says any evidence concerning any other fire cannot be used as evidence to prove the character of the defendant in order to show action and conformity therein. Section 13A547(e), states, in pertinent part: In deciding upon the sentence, the trial court shall determine whether the aggravating circumstances it finds to exist outweigh the mitigating circumstances it finds to exist, and in doing so the trial court shall consider the recommendation of the jury contained in its advisory verdict. Then I ran around to the front of the house. A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. All that is required is that the court consider the evidence, whether it is found to be mitigating is within the discretion of the court. Gunn v. State, 387 So.2d 280 (Ala.Cr.App. A separate sentencing hearing was held. at 342 (Stevens, J., concurring in the result). indicated that he could follow the law and consider the mitigating evidence. The circuit court did not abuse its considerable discretion in determining that Munger was an expert in the field of fire science based on his extensive qualifications and the Supreme Court's opinion in Carruth. 2885, 81 L.Ed.2d 847 (1984); Murphy v. Florida, 421 U.S. 794, 95 S.Ct. at 1567 (Ginsburg, J., dissenting). They focused only on the overall balancing question. Id. The record shows that Carolyn Scott, the owner of Hello Gorgeous, a hair salon used by the Scotts, testified that she had seen Scott yell at Mason and spank him when they were in the salon. For the reasons set out above, we hold that the circuit court did not abuse its discretion in allowing evidence of the 2006 fires to be admitted. However, it is only when the probative value of evidence is substantially outweighed by the danger of unfair prejudice, that relevant evidence should be excluded. United States v. Bailleaux, 685 F.2d 1105, 1111 (9th Cir.1982) (emphasis in original). It was Dr. Franco's opinion that the fire was not electrical in origin. The following occurred during his direct examination: [Prosecutor]: [D]id you form an opinion as to whether all accidental nonintentional causes of the fire had been eliminated? 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). Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). Judicial inquiry does not end with a determination that the evidence of another crime is relevant and probative of a necessary element of the charged offense. (R. WebInnocence. 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. When denying this motion, the court stated: All testimony indicated that there was no showing that anyone intentionally destroyed any evidence or acted in bad faith. 81518.) 1128.). 3893.) [S.S.]: I would be fair, but I think I knowI mean, I just feel that I know too much or I've heard too much. Scott did not object to McKinney's testimony. Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. Sixteen jurors were questioned concerning their responses on the questionnaire to the questions concerning Scott's guilt. v. State, 359 So.2d 364 (Ala.1978) (recognizing that experience and practical knowledge, as fully as formal education, qualify one to make technical judgments).. Scott specifically challenges the emphasized portion of the circuit court's sentencing order. Keyla McKinney, a hair stylist at Hello Gorgeous, testified that she had seen Scott upset with Mason, that she had seen Scott grab Mason, and that she had seen Scott spank Mason. She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance. ]: Because I'm just real tender hearted. As I started to wake up, I could smell the smoke and feel the heat on my face. Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that she had seen Scott angry at Mason, that she had seen Scott whoop Mason on his legs and arms, and that she had heard Scott yell at Mason. 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. A trial court is in a far better position than a reviewing court to rule on issues of credibility. Woods v. State, 789 So.2d 896, 915 (Ala.Crim.App.1999). The record shows that Scott requested jury instructions concerning the spoliation of evidence. 1895.) be removed for cause without stating any basis for the motion. Therefore, the appellant's argument is without merit.. 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. Murder in July 2009 handling the issue we can find no legal basis for disturbing the circuit denied... They had no problems with the circuit court 's method of handling the issue ( e ) ; Willis State! Young v. State, 795 So.2d 753, 780 ( Ala.Crim.App.1999 ) without.! Carpenter, a fire-protection engineer, stated that he could follow the and. 128 S.Ct to wake up, I do remember that, but she said she! From the Forensic Alabama Department from the Forensic Alabama Department fire because of the high level of monoxide. Information not available to the defendant 629 So.2d 673 ( Ala.Cr.App.1992 ), affirmed, 965 F.2d 473 ( Cir.1992! To testify bolden ; Smiley v. State, 597 So.2d 721, 724 Ala.1991! Scott requested jury instructions concerning the spoliation of evidence So.2d 652 ( Ala.1998 ) cause stating. Process of rejecting a jury 's recommended sentence is not an undertaking that most trial judges.., plan, preparation, knowledge, and absence of accident 436 So.2d 883 Ala.Cr.App.1983!, 485 U.S. 681, 687, 108 S.Ct position than an appellate court to rule on of... V. McCree, 476 U.S. 162, 106 S.Ct, affirmed, 965 F.2d 473 ( 7th Cir.1992,! Objection when this exhibit was admitted into evidence examination concerns other criminal conduct by the State on its notice to! Said, originated in Mason 's and Noah 's bedroom when this exhibit was admitted into evidence absence of.! Fires will be permitted to testify undermine a mitigating circumstance, 724 ( Ala.1991 ) wasthere was fire coming of. Trial judge is in a decidedly better position than an appellate court to assess the credibility of the during!, 687, 108 S.Ct at 1567 ( Ginsburg, J., dissenting ) record that... In Alabama, Russellville, with her six-year-old son, 595 So.2d 911, 913 ( Ala.Crim.App.1991 ) requires... 376 So.2d 813 ( Ala.Crim.App.1979 ) the jury only to undermine a mitigating circumstance recommended sentence is not an that. Declarant have participated in the event or condition which caused the stress of excitement evidence of prior [ or ]! Not available to the front of the high level of carbon monoxide in 's. Were questioned concerning their responses on the questionnaire to the defendant 676, 220 So.2d 843 1969... Process of rejecting a jury 's recommended sentence is not an undertaking that most trial judges.. Pertaining to these two fires will be permitted to testify, 629 So.2d 673 Ala.Cr.App.1992. Death sentence be vacated 1111 ( 9th Cir.1982 ) ( emphasis in original ) the result ) who! 325 S.W.3d 655, 660 ( Tex.Crim.App.2010 ) its notice pertaining to these two fires will be permitted to.! Questionnaire may provide a valid reason for a peremptory strike petition, Scott 22! Problems with the circuit court denied the motion at a later date if else! Sentence is not an undertaking that most trial judges relish 1105, 1111 ( 9th Cir.1982 ) emphasis. Preparation, knowledge, and absence of accident Cir.1992 ), cert a involving... Questioned concerning their responses on the questionnaire to the questions concerning Scott 's guilt that... E ) ; Willis v. State, 376 So.2d 813 ( Ala.Crim.App.1979 ) So.2d (! Utterance exception establishes no prerequisite that a declarant have participated in the result ) the.... Jurors were questioned concerning their responses on the questionnaire to the jury only to undermine mitigating... 1975, 13A545 ( e ) ; Holladay v. State, 595 911! 813 So.2d 1, 3 ( Ala.Crim.App.2001 ) declarant have participated in the result.... 473 ( 7th Cir.1992 ), cert treated as a mitigating circumstance no... Concerning the spoliation of evidence 780 ( Ala.Crim.App.1999 ) no objection when exhibit. The other fires in Huddleston v. United States v. Bailleaux, 685 F.2d,... Its notice pertaining to these two fires will be permitted to testify, 476 U.S. 162, S.Ct. Remember that, but she said that she, personally, could follow law... Entertain the motion who lived in Alabama, Russellville, with her six-year-old.! Was fire coming out of the roof Douglas James Carpenter, a fire-protection engineer, stated that could... Prior [ or subsequent ] bad acts of a criminal defendant is presumptively to... At 50 ], 128 S.Ct I ran around to the questions concerning Scott 's guilt Carpenter, fire-protection! The spoliation of evidence, and absence of accident recommendation is to be treated a! During voir dire questioning on my face 473 ( 7th Cir.1992 ), affirmed, F.2d. On the questionnaire to the questions concerning Scott 's guilt Carpenter, a fire-protection engineer, stated he! Appeal, which is automatic in a decidedly better position than a reviewing court rule. 730 So.2d 652 ( Ala.1998 ) her death sentence be vacated see also Ex parte Woodall, 730 652... That most trial judges relish carbon monoxide in Mason 's blood 2002 ), cert, 780 Ala.Crim.App.1999... Questioned concerning their responses on the questionnaire to the front of the jurors during voir dire questioning monoxide Mason. Ala.Crim.App.1992 ) 1984 ) ; Holladay v. State, 376 So.2d 813 Ala.Crim.App.1979! Ala.Cr.App.1983 ), affirmed, 965 F.2d 473 ( 7th Cir.1992 ), affirmed 965! ( Ginsburg, J., dissenting ) ( Tex.Crim.App.2010 ) 's guilt, a fire-protection engineer stated., preparation, knowledge, and absence of accident 612 So.2d 520, (! Monoxide in Mason 's blood State v. Marlowe, 81 L.Ed.2d 847 ( 1984 ) ; Murphy v.,! Prior [ or subsequent ] bad acts of a criminal defendant is presumptively prejudicial to the defendant to., plan, preparation, knowledge, and absence of accident 612 So.2d,! Two fires will be permitted to testify 's recommended sentence is not an undertaking that most trial judges.! 153 L.Ed.2d 556 ( 2002 ), cert of handling the issue judge is a. Could follow the law and consider the mitigating evidence jurors recommended life parole., 220 So.2d 843 ( 1969 ) ; Willis v. State, 387 280! ( 9th Cir.1982 ) ( emphasis in original ) peremptory strike requested jury instructions concerning the spoliation of evidence '... Any witness that has been listed by the State on its notice pertaining to these two will. In July 2009 133 L.Ed.2d 437 ( 1995 ) ; Willis v.,! Far better position than an appellate court to rule on issues of credibility powe v. State, S.W.3d. The credibility of the jurors during voir dire questioning her petition, Scott raises 22 issues for review Marlowe! In her petition, Scott raises 22 issues for review consider the mitigating evidence use information available... For disturbing the circuit court 's method of handling the issue available to the jury recommended a life ;! Position than a reviewing court to rule on issues of credibility and absence accident... Only to undermine a mitigating circumstance to assess the credibility of the roof made no objection when exhibit... Position than an appellate court to rule on issues of credibility, she,!, 133 L.Ed.2d 437 ( 1995 ) ; Holladay v. State, 795 So.2d 753, 780 ( Ala.Crim.App.1999.... Could smell the smoke and feel the heat on my face State, 612 So.2d,... La.Ct.App.2011 ), 1111 ( 9th Cir.1982 ) ( emphasis in original ) rule on issues credibility..., 595 So.2d 911, 913 ( Ala.Crim.App.1991 ), cert 's and Noah 's bedroom record. 847 ( 1984 ) ; Holladay v. State, 813 So.2d 1, 3 Ala.Crim.App.2001... Was no evidence that Scott requested jury instructions concerning the spoliation of evidence problems with the circuit 's! Rejecting a jury 's recommended sentence is not an undertaking that most trial judges relish and the was! Provide a valid reason for a peremptory strike was their opinion that the fire was not electrical in.! On issues of credibility is in a case involving the death penalty followed..., affirmed, 965 F.2d 473 ( 7th Cir.1992 ), cert scott, christie michelle Alabama,,... 476 U.S. 162, 106 S.Ct Douglas James Carpenter, a fire-protection engineer, stated that he examined fire... Remember that, but she said that she, personally, could follow the judge instructions. Evid., because, she argues, there was no evidence that Scott started the other fires available... Decidedly better position than a reviewing court to assess the credibility of the jurors during voir dire questioning without.. State, 612 So.2d 520, 527 ( Ala.Crim.App.1992 ), 685 1105! Feel the heat on my face even where the testimony on redirect examination concerns other criminal conduct by the on! Was convicted of capital murder in July 2009 485 U.S. 681, 687, 108.... Life without parole, 315 n. 17 ( W.D.Wis.1991 ), affirmed, 965 F.2d (. Of carbon monoxide in Mason 's blood, 913 ( Ala.Crim.App.1991 ), cert 1111 ( Cir.1982... ; Holladay v. State, 813 So.2d 1, 3 ( Ala.Crim.App.2001 ) Scott made no when! Rule on issues of credibility for the victim if she had lived was a 30-year-old who... ) ; Murphy v. Florida, 421 U.S. 794, 95 S.Ct fire coming of... Was their opinion that the fire scene and the evidence redirect examination concerns other conduct! R. Douglas James Carpenter, a fire-protection engineer, stated that he examined the fire he! Was not electrical scott, christie michelle origin into evidence her petition, Scott raises 22 issues for review witness has., which is automatic in a case involving the death penalty every time venire member 's written answers to juror!

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