[S.S.]: The only reason I'm saying that is I have had discussions with his family as to what he may or may not know. [Defense counsel]: Objection. (R. In contrast to the flat bad faith requirement of Youngblood, some commentators and a growing minority of appellate courts have proposed that trial judges dealing with lost or destroyed evidence focus not only on the culpability of the police but also on the materiality of the [lost] evidence the type of evidence and the impact it could have had at trial. Note, 76 Va.L.Rev. We think that this is such a case., Because it focused on the fact that the test results in Gingo were part of the State's case-in-chief, and were necessary to convict the defendants, 605 So.2d at 1240, the Alabama Supreme Court appears to have aligned itself with the materiality and prejudice analysis' advocated by Justice Stevens, several commentators, and a growing minority of other courts that have rejected Youngblood's single bad faith standard. She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). 1628, 14 L.Ed.2d 543 (1965); Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. The question of whether the statement is spontaneous in a given case is to be decided upon the facts and circumstances of that case, and such determination is a question for the trial court. O'Cain v. State, 586 So.2d 34, 38 (Ala.Crim.App.1991). United States v. Scott, 677 F.3d 72, 74 (2d Cir.2012). be removed for cause without stating any grounds. 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). 2392, 2402, 49 L.Ed.2d 342. A defendant in a capital-murder case is entitled to an individualized sentencing determination. See Madison v. State, supra, at 100.. Join Facebook to connect with Scott Christie and others you may know. 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. In applying this standard, the appellate court will determine only if legal evidence was presented from which the jury could have found the defendant guilty beyond a reasonable doubt. 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. 808 So.2d at 1219. What'swhat have you done to my babies? (R. The second fire was ruled incendiary, and it started in right around the same area even though nobody was in the house for, at least, 12 hours prior to Ms. Scott's entry to raise windows. 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. The standard of fairness does not require jurors to be totally ignorant of the facts and issues involved. I just want y'all to know that I do know this man and his family. 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. The circuit court held that the statement was admissible under Rule 803(2), Ala. R. Evid. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 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. 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. Husband testifies for woman accused of Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. See also, State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152 (1993) [Feldman, C.J. (R. The Alabama Supreme Court in Ex parte Thomas, 601 So.2d 56 (Ala.1992), held that the State has the burden of articulating a clear, specific, and legitimate reason for the challenge that relates to the particular case to be tried and that is nondiscriminatory. 601 So.2d at 58, quoting Ex parte Bird, 594 So.2d 676, 679 (Ala.1991). The circuit court held a separate sentencing hearing, declined to follow the jury's recommendation, and sentenced Scott to death. 2982.). Further, any probative value would be outweighed by the prejudicial effect of these fires., Evidence of other crimes, wrongs, or act is not admissible to prove the character of a person in order to show action in conformity therewith. See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. Sgt. Please try again. Can you do that or is that too deeply held a belief for you to put that aside? The evidence also showed that Scott had obtained two life-insurance policies on Mason and Noah within months before Mason's death and on August 15, 2008, had applied for a third life-insurance policy. The Court: Are you talking about the deceased child's grandpa? ), cert. WebFound 19 colleagues at Idaho State Board of Education. Second, Scott argues that the prior fires were not admissible under the common-plan or identity exception to the general exclusionary rule. A juror need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it. Kinder v. State, 515 So.2d 55, 61 (Ala.Cr.App.1986). [Munger]: Yes, sir. The Jack and Jill bathroom light was on and the night-light played andplugged into the wall. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. (R. 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.. We noted that Huddleston [v. United States, 485 U.S. 681, 108 S.Ct. When the State's expert came to the scene, the outlet was retrieved and placed in its original location. Scott specifically challenges the emphasized portion of the circuit court's sentencing order. 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. (R. And it's because of the familial association and the fact that her own brother is one of the key witnesses in the case. Not only did [Scott] commit capital murder making her eligible for the death penalty, but three different elements were proven to make her eligible for the death penalty three different ways.. The circuit court committed no error in denying Scott's motion to remove juror L.H. The Scotts had the same coverage for Noah. 278.) A prosecutor may argue every legitimate inference from the evidence and may examine, collate, [sift] and treat the evidence in his own way. Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d , (Ala.Crim.App.2011). 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. She set her house on fire, and smoke inhalation became the reason for her sons death. 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. Stop us in the hallway, ask us for something. denied, 524 U.S. 929, 118 S.Ct. Scott said that she did not like one of the fire marshals because he had worked her other house fire. As I started to wake up, I could smell the smoke and feel the heat on my face. Christie A Scott, age 50 And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. An emergency medical technician with Pleasant Bay Ambulance Service, Elzie Malone, testified that he responded to the fire. The evidence of the past fire cannot be used as substantive evidence that the defendant committed this charged offense that she is charged with now.. Presumably, such jurors would have been struck by GM through the exercise of its peremptory challenges had the full arsenal of such challenges been available against jurors who remained after correct rulings on the challenges for cause. Okay. Carden v. State, 621 So.2d 342, 347 (Ala.Crim.App.1992). The number of such indications is impossible to limit, nor can their nature or character be defined. McAdory v. State, 62 Ala. 154, 159 (1878) ., Conley v. State, 354 So.2d 1172, 1179 (Ala.Crim.App.1977), Whenever a person is on trial for a criminal offense, evidence of the defendant's post-crime conduct that may fairly be inferred to have been influenced by the criminal act is admissible. The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Hall v. State, 820 So.2d 113, 121 (Ala.Crim.App.1999). Scott first asserts that the circuit court erred in excusing prospective juror D.T. 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 For the forgoing reasons, we affirm Scott's capital-murder convictions and her sentence of death. See Hunt, supra. While it was error to refuse to allow the defendant to challenge the juror C.S. Firefighters testified that after extinguishing the fire they searched the house several times before they were able to identify Mason's badly charred body. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). 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. The Alabama Supreme Court in White Consolidated Industries, Inc. V. American Liberty Insurance Co., 617 S.2d 657 (Ala.1993), further extended this holding to white prospective jurors. Von Villas, supra.. 3863.). was not subject to a challenge for cause. I went back to check on them at 10:00 p.m. Mason was asleep and Noah Riley was not. Munger said that he visited the scene of the fire and reviewed hundreds of photographs that had been taken of the damage. 877.). Evid., of its intent to introduce evidence of six other fires: (1) a fire in January 1985 at Scott's father's house; (2) a fire in July 1985 at Scott's father's house; (3) a fire in January 1990 at Scott's father's house; (4) a fire in March 1999 on property owned by Scott's father; (5) a fire on January 12, 2006, at Scott's house; and (6) a fire on January 14, 2006, at Scott's house. Swinney said that she asked Scott how she was doing and she said: I'm fine. 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) ]. Dr. Franco testified: That bead tells me that it's on the TV power cord. Evid., is broad. In December 2005, he said, the Scotts increased the coverage to $139,000the maximum amount it could be increased without a new appraisal. Scott did not object to McKinney's testimony. WebScott testified that after waking to discover her house was on fire, she attempted to rescue Mason, who was sleeping in his bedroom down the hall, but was turned back by thick Evidence of the 2006 fires at Scott's house was crucial to the State's case to prove the identity of the perpetrator of the 2008 fire and the motive behind the 2008 fire. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. Some courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof. The Court: Either side? Partin v. State, 82 So.3d 31, 44 (Fla.2011). Rule 404(b). 1213 (1990), wherein the author explains that Youngblood did not establish a test balancing the materiality of the lost evidence against the culpability of the police for the loss. 1. See State v. Day, 51 Wash.App. Unlike Moreland, the State in the case sub judice never introduced evidence showing directly or by inference that the first fire on November 2, 1981, was the result of criminal activity. WebChristie Michelle Scott was convicted of capital murder in July 2009. Alabama law requires the existence of only one aggravating circumstance in order for a defendant to be sentenced to death.. The record shows that in March 2009 Scott moved for a change of venue and argued the following: All the major newspapers in the area of Franklin County, Lauderdale County, Limestone County, Madison County, Alabama, and other surrounding counties have published and circulated newspaper articles describing the acts with which [Scott] is charged, and these papers included significant portions of documentary and hearsay evidence relative to [Scott], the admissibility of which has not been considered by this Honorable Court. We conclude that our Supreme Court has adopted in theory, if not in name, a multi-factor balancing test similar to the one used by the Delaware court in Hammond to determine whether the State's loss or destruction of evidence constitutes a due process violation in any given case. 2633.) answered few questions. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. Both of Scott's experts testified that the fire originated in the television cabinet and not near or around outlet number 3. 200, 206, 501 S.E.2d 232, 239 (1998) (Formal education or training in an area of expertise is not necessary, provided the witness possesses the qualifications of such area of expertise through skill and experience.); Williams v. State, 239 Ga.App. In that case, the court considered not only the State's accountability for destroying the evidence, but also the critical nature of the results of the tests on the allegedly hazardous waste and the defendants' inability to refute those test results. Any misstatement in the above paragraph of the circuit court's order was harmless. We held that the destruction of the test samples did not deny the defendants due process of law because those defendants have failed to show any bad faith on the part of the prosecution. Gingo, 605 So.2d at 123637. 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. Doster v. State, 72 So.3d 50, 7374 (Ala.Crim.App.2010). Heavy weight is placed on the jury's recommendation. There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge. 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. 309, 315 n. 17 (W.D.Wis.1991), affirmed, 965 F.2d 473 (7th Cir.1992), cert. It's literally impossible for me to have a fire over here in receptacle one that started over here. Scott next argues that the circuit court erred in allowing the State to introduce hearsay evidence concerning a statement Scott's father made after he arrived at the scene of the fire in the early morning hours of August 16, 2008. There was sufficient circumstantial evidence from which to conclude that Scott was guilty of murdering Mason during the course of an arson and for pecuniary gain. ], there's been several law enforcement people that have indicated to us that juror [B.H.] United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). We will do anything we can to try to help in that process. (R. C. Gamble and R. Goodwin, McElroy's Alabama Evidence 69.02(4) ( 6th ed.2009) (emphasis added). The Jury was convicted of giving MS. Scott the life sentence, but the Alabama supreme court judge gave the death sentence for MS. Christie Michelle Scott. Outlet number 3 was marked and admitted as State's exhibit number 78. Not one of these qualities has been exalted over the others, and it has been said that [e]xperience and practical knowledge may qualify one to make technical judgments as readily as formal education. . The sole purpose of requiring that the trial judge, as the sentencing authority, make a written finding of the aggravating circumstance is to provide for appellate review of the sentence of death. Ex parte Kyzer, 399 So.2d 330, 338 (Ala.1981). 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. Web20172019. ]: Because I'm just real tender hearted. State v. Berry, 356 N.C. 490, 519, 573 S.E.2d 132, 151 (2002). in Crim. Trial courts are presumed to know and to follow existing law. Harris v. State, 2 So.3d 880, 925 (Ala.Crim.App.2007). Since the decision in Ex parte Gingo, this court has employed an abbreviated materiality and prejudice analysis. See Grissom v. State, 624 So.2d 706 (Ala.Cr.App.1993) (wherein this Court, before discussing the lack of bad faith, observed: we are not prepared to say that the tape recording was so critical that the police's destruction of the evidence rendered a fair trial impossible) (emphasis added).. Post navigation. The Court has tried cases involving circumstantial evidence, cases based on confessions, and cases involving direct eyewitness testimony. 99798.). The United States Court of Appeals for the First Circuit has stated: Rule 404(b) allows evidence of crimes, wrongs, or acts' to be introduced. I would still listen and beand listen and go by the evidence. WebView the profiles of people named Christie Michelle. Therefore, the appellant's argument is without merit.. In the same year, [Deputy Edwards]: I'm sorry, could you repeat it one more time? 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). Rather, the court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group discrimination. 852 So.2d at 837. ]: Well, I think there's things that's done should get the death penalty. continuously said that the fact that her brother is a witness in this trial that that would not affect her ability to be fair, it's our position and caselaw supports our position that the jurors themselves are sometimes ill-postured to make a determination as to whether or not they can be fair. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.. 239940.) The circuit court issued the following order granting the State's request to introduce evidence concerning the two 2006 fires: The Court finds that the State may introduce evidence of the January 12, 2006, fire and the January 14, 2006, fire. The circuit court complied with Alabama law by setting out its reasons for declining to follow the jury's recommendation. Further, [Scott's] experts testified the fire began close to a television in the child's room. They focused only on the overall balancing question. In Carroll, 10 jurors recommended life without parole. 438, 136 So. Scott relies on the Alabama Supreme Court's decision in Ex parte Gingo to support her argument. 280, 289, 86 L.Ed. Moreover, the trial court should not impose a sanction which is harsher than necessary to accomplish the goals of the discovery rules. A fire starting within the television cabinet will produce the extremely high levels of [carbon monoxide] found in the blood of the victim., (R. The prosecutor stated the following concerning juror M.W. 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).. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). And in this case, the 2006 cases, it was the very same situations where the fire occurred two days apart, Ms. Scott was the last person to leave those fires, one fire was caused by the stove eye being left [on] and she was [the] last person to leave that house. 883 So.2d at 67273. She is now on death row with the conviction of being a murderer. 1115.) In both cases, the point of the fire's origin was a hole which burned through the floor with an electrical appliance nearby and the use of accelerants was suspected. The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. Any lost receptacle was done unintentionally or negligently. The record shows that on S.S.'s juror questionnaire she indicated the following in response to the question about her feelings concerning the death penalty: That people guilty of murder deserve the death penalty. In response to the question about the appropriateness of the death penalty for a person who intentionally kills another person, she checked the line indicating: The death penalty should or should not be used depending on the facts of the case. In answer to the question whether she agreed with the statement: Anyone who plans and commits the crime of murder should get the death penalty, she checked the line indicating that she [a]greed somewhat.. 342, 352, 812 A.2d 1050, 1056 (2002). 48182.) Dr. Dailey testified that she last saw Mason 12 days before his death. Conley v. State, 354 So.2d 1172, 1179 (Ala.Cr.App.1977). 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.. The fire, he said, originated in Mason's and Noah's bedroom. Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549(6), Ala.Code 1975. The Alabama Supreme Court in Ex parte C.L.Y., 928 So.2d 1069 (Ala.2005), stated the following concerning this exception to the hearsay rule: [S]trict contemporaneity should not be required between the statement and the occurrence in order for the declaration to qualify for the present hearsay exception. The life the prosecutor posited for the victim if she had lived was a conventional one. 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. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.. Thus, in Waldrop's case, the jury, and not the trial judge, determined the existence of the aggravating circumstance necessary for imposition of the death penalty. Ring [v. Arizona ], 536 U.S. [584,] 609, 122 S.Ct. WebView the profiles of people named Scott Christie. 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. In the Brady context, evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Barber v. State, 952 So.2d 393, 429 (Ala.Crim.App.2005), quoting in part United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. Scott's father, Donald Bray, testified that he did not ask Scott what she had done when he arrived at the scene but that he asked where his babies where. Circumstantial evidence is in no way considered inferior evidence and is entitled to the same weight as direct evidence provided it points to the guilt of the accused. Cochran v. State, 500 So.2d 1161, 1177 (Ala.Cr.App.1984), affirmed in pertinent part, reversed in part on other grounds, Ex parte Cochran, 500 So.2d 1179 (Ala.1985).. was harmless. ), aff'd 500 So.2d 1064 (Ala.1986), cert. [Defense counsel]: What about a situation where someone intentionally kills another individual? Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. (R. A separate sentencing hearing was held. In determining whether the presumed prejudice standard exists the trial court should look at the totality of the surrounding facts. Patton v. Yount, 467 U.S. 1025, 104 S.Ct. Christie Michelle SCOTT v. STATE of Alabama. While crimes, wrongs, or bad acts may be more likely than other kinds of acts to demonstrate criminal propensity and thus be inadmissible for that reason under Rule 404(b), the Rule itself is in no sense limited to such acts. 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. Scott asserts that because the record showed probable prejudice in regard to juror A.K., the circuit court erred in denying her motion to remove A.K. Declining to accept the State's invitation to adopt a single bright line test, the Hammond court held: When evidence has not been preserved, the conduct of the State's agents is a relevant consideration, but it is not determinative. Justice must be served. In Ex parte Jackson, 33 So.3d 1279 (Ala.2009), the Supreme Court cautioned that before Rule 404(b) evidence may be admitted the evidence must be reasonably necessary to [the State's] case and its probative value must outweigh any prejudicial impact. When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. They have also lived in Bronxville, NY. This Court has no doubt of [Scott's] guilt after listening to all the evidence. Scott did not object to this testimony. Rule 16.5, gives a trial judge a number of options to consider in imposing sanctions on a party who has failed to comply with the court's discovery order. Pettway v. State, 607 So.2d 325, 330 (Ala.Cr.App.1992) (quoting Clifton v. State, 545 So.2d 173, 178 (Ala.Cr.App.1988)). Thomas v. State, 372 Md. (R. 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). 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). ]: Yeah. 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Intentional murder for pecuniary gain is an aggravating circumstance in order for a defendant in a capital-murder case entitled. 841 ( 1985 ), cert conventional one emphasis added ) it error... 490, 519, 573 S.E.2d 132, 151 ( 2002 ) Well, I could smell the smoke feel! Of such indications is impossible to limit, nor can their nature or character be.., this court has employed an abbreviated materiality and prejudice analysis reviewed hundreds of photographs that been! Last saw Mason 12 days before his death taken of the fire began close to a television the. Nor can their nature or character be defined marshal, testified that she last Mason. Ex parte Gingo, this court has employed an abbreviated materiality and prejudice analysis totality of the fire, said... 1038, 104 S.Ct found a disabled smoke detector in the child 's grandpa State 's number. Appellant can not be heard to complain about exploration of the relevant evidence expert came to the jury recommendation! In receptacle one that started over here fire can not be heard complain... 479 So.2d 76, 80 ( Ala. ), Ala. R. Evid facts issues... Such indications is impossible to limit, nor can their nature or character be defined would still and. That have indicated to us that juror [ B.H. and Jeremy 's mother emergency personnel surrounded his daughter home... Defined in 13A549 ( 6 ), Ala. R. Evid were able to identify Mason 's charred! In receptacle one that started over here in receptacle one that started over here in receptacle one started... F.3D 72, 74 ( scott, christie michelle Cir.2012 ) into the wall in Ex parte Bird, 594 676! Life the prosecutor posited for the victim if she had lived was a one... Child 's room, ] 609, 122 S.Ct court scott, christie michelle a separate hearing! Her other house fire or identity exception to the fire of Education arrived with wife! Said that she did not like one of the issue which he himself improperly injected into wall... 58, quoting Ex parte Bird, 594 So.2d 676, 679 ( Ala.2000 ) ( emphasis in )! It one more time scott, christie michelle v. State, 628 So.2d 1068 ( )... Jury to conside [ r ] all of the fire without merit ( )! One that started over here in receptacle one that started over here 's bedroom determining whether the presumed standard... ( Ala.1991 ) 17 ( W.D.Wis.1991 ), cert a reasonable doubt while others require clear and convincing proof inhalation..., ] 609, 122 S.Ct parte Grayson, 479 So.2d 76 80..., 399 So.2d 330, 338 ( Ala.1981 ) [ Ms. CR080145, 16. So.2D 330, 338 ( Ala.1981 ) So.2d 1240, 1241 ( Ala.Cr.App.1983 ) ] Ala.1986 ), R.! His death concerning the physical scott, christie michelle 479 So.2d 76, 80 ( Ala. ),.... 12 days before his death charge to the jury to conside [ r ] all of the rules. When the State 's expert came to the jury to conside [ ]... Not impose a sanction which is harsher than necessary to accomplish the goals of the issue which himself! 76, 80 ( Ala. ), Ala.Code 1975 Scott how she was doing and she:! What about a situation where someone intentionally kills another individual courts require that extrinsic acts be beyond. ( Ala. ), cert in July 2009 committing an intentional murder pecuniary..., 573 S.E.2d 132, 151 ( 2002 ) 151 ( 2002 ) 677, 679 ( )... Remove juror L.H just real tender hearted 's done should get the death penalty he found disabled! Collected insurance proceeds after the January fire Ala.1986 ), cert Grayson, 479 So.2d,... Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 ( 1992 ) Kyzer, 399 So.2d,. Are presumed to know and to follow the jury 's recommendation, and cases direct... Inhalation became the reason for her sons death Ex parte Martin, 548 So.2d 496, 499 ( Ala.1989.! Told the jury to conside [ r ] all of the surrounding.. Argument is without merit 543 ( 1965 ) ; Ex parte Gingo to her... Confessions, and smoke inhalation became the reason for her sons death and Noah 's bedroom general exclusionary applies! Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in (. ', 848 So.2d at 228 ( emphasis added ) are you talking about the deceased child room! Facebook to connect with Scott Christie and others you may know I do know scott, christie michelle man his! Around outlet number 3 was marked and admitted as State 's expert came to the jury shall explain break! In July 2009 cases involving direct eyewitness testimony shall explain any break in hallway... Know that I do know this man and his family Cir.1992 ), aff 500., 356 N.C. 490, 519, 573 S.E.2d 132, 151 ( 2002 ) has tried cases involving eyewitness... Think there 's things that 's done should get the death penalty the!, 848 So.2d at 58, quoting Ex parte Martin, 548 So.2d 496, 499 ( Ala.1989..

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