While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. 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). Therefore, the appellant's argument is without merit.. 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 evidence of another similar crime must not only be relevant, it must also be reasonably necessary to the government's case, and it must be plain, clear, and conclusive, before its probative value will be held to outweigh its potential prejudicial effects. Link in B!O FOLLOW MY NEW ACCOUNT!!!! (quoting Bailey v. State, 521 A.2d 1069, 1091 (Del.1987), and Deberry v. State, 457 A.2d 744, 752 (Del.1983)) (footnote omitted). Nobis v. State, 401 So.2d 191 (Ala.Crim.App. 1818.) There was also testimony that Scott made a detailed account of the items that had been destroyed in the second fire to the extent that the list consisted of 109 pages and contained items valued at one dollar. I think she said she could follow the law. WebLicense Applicant 1 Name Applicant 2 Name Date Married ; 2022-3002: Estes, William Harrison: Sias, Meagan Sheri: 09/17/2022: Opt-Out: Request Copy: 2022-3037: Wild, Nicholas Thomas Thornton testified that almost 2,000 photographs had been taken at the scene. at 337. At the hearing, the State made the following argument: On the 2006 fire, there's two in 2006 that we have an abundance of evidence including people that were there at the fire, we have the fire marshal's office that investigated that fire, we have the origin and cause examiner from the insurance company that he listed the fire as incendiary. 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. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rule 401, Ala. R. Evid. The weight to be given that mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole, and also upon the strength of the factual basis for such a recommendation in the form of information known to the jury, such as conflicting evidence concerning the identity of the triggerman or a recommendation of leniency by the victim's family; the jury's recommendation may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance.. Steve Thornton with the Russellville Fire Department testified that he arrived at the scene after the fire had been extinguished. 808 So.2d at 1219. In Simpson v. State, 666 So.2d 100 (Ala.Crim.App.1995), this Court relied on the Supreme Court's decision in Tucker and reversed Simpson's murder conviction after the circuit court failed to exclude a juror for cause whose son-in-law was the chief investigator on Simpson's murder case. The experts testified that the August 16, 2008, fire was accidental and started in the enclosed wooden television cabinet in the children's bedroom. 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). 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. WebScott, Christie Michelle: White; age 30 at crime (DOB: 8-10-1978); arson and murder of white male age 6 (her son) in Russellville (Franklin County) on 9-16-2008; jury Evid.] in Crim. Accord, Donahoo v. State, 505 So.2d 1067 (Ala.Cr.App.1986). ), Several officials testified concerning a statement that Scott's father's, Donald Bray, made to Scott when he arrived at the scene of the fire. See In re Std. In addressing the scope of 121663, Ala.Code 1975, this Court has stated: The trial court is vested with broad discretion in excusing potential jurors from service under this section. In Ex parte Taylor, 808 So.2d 1215 (Ala.2001), the Alabama Supreme Court considered the scope of 13A547(e), Ala.Code 1975, when it evaluated the legality of Taylor's death sentence after the jury recommended, by a vote of 7 to 5, that Taylor be sentenced to life imprisonment without the possibility of parole. (R. Circumstantial evidence alone is enough to support a guilty verdict of the most heinous crime, provided the jury believes beyond a reasonable doubt that the accused is guilty. White v. State, 294 Ala. 265, 272, 314 So.2d 857, cert. 86061.) The burden of showing actual prejudice or community saturation with prejudicial publicity lies with the appellant. Scott next argues that the circuit court erred in excusing prospective juror A.C. outside her presence. WebChristie-Michelle-Scott-2. See Williams v. State, 611 So.2d 1119, 1123 (Ala.Cr.App.1992). 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. What the hell have you done? was not subject to a challenge for cause. [Munger]: Yes, sir. This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. United States v. Gee, 695 F.2d 1165, 1169 (9th Cir.1983) ., McCrory v. State, 505 So.2d 1272, 1279 (Ala.Cr.App.1986).. at 337. Even in cases where a potential juror has expressed some preconceived opinion as to the guilt of the accused, the juror is sufficiently impartial if he or she can set aside that opinion and render a verdict based upon the evidence in the case. Clearly, juror L.H. [J.M. The circuit court committed no error in denying Scott's motion to remove juror L.H. Scott next challenges the following remarks made by the prosecutor in closing argument in the guilt phase of her trial: [Prosecutor]: One thing I don't want you to lose focus on in this case, it's what this case is really about, is that right there (indicating). Kelly Bragwell testified that she was related to Scott's husband by marriage. 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). What have you done? (R. 2650.). Dr. Raphael A. Franco, Jr., an electrical engineer, testified that he was asked to examine the scene and to determine whether the fire was electrical in origin. 3234.) Thus, the court committed no error in denying Scott's motion to strike A.K. ]: I mean, without crying and carrying on. 2181.) 1507, 16 L.Ed.2d 600 (1966); Rideau [v. Louisiana, 373 U.S. 723, 83 S.Ct. denied, 503 U.S. 974, 112 S.Ct. 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). United States v. Tse, 375 F.3d 148, 158 (1st Cir.2004) (finding that the district court adequately limited the jury's consideration of [certain Rule 404(b) ] evidence when the court instructed the jury that it could not use that evidence to make a propensity inference and that the jury could use that evidence to determine only the defendant's knowledge and intent).''. Scott was charged with three counts of capital murder. I went back to check on them at 10:00 p.m. Mason was asleep and Noah Riley was not. Scott objected and requested that she be allowed to voir dire Munger. was harmless. 1038, 84 L.Ed.2d 1 (1985) (quoting in turn United States v. Frady, 456 U.S. 152, 163 n. 14, 102 S.Ct. In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. This statute, by its terms, applies only to [p]hysical evidence connected with or collected in the investigation of the charged crime. The jury chose not to believe Scott's account of the events of August 16, 2008, and convicted Scott of three counts of capital murder. The circuit court did not err in declining to give the jury an adverse-inference instruction on the loss of the evidence given that there was no evidence of bad faith on the part of the State nor was the missing evidence material to Scott's defense. The next year in Ex parte Carroll, the Alabama Supreme Court considered the validity of a death sentence after the jury had recommended, by a vote of 10 to 2, life imprisonment without the possibility of parole. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. 278.) Scott made no objection when this exhibit was admitted into evidence. United States v. Scott, 677 F.3d 72, 74 (2d Cir.2012). The Court: Right. 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. I killed his [Jeremy's] baby. (R. I was aware of Dr. Franco's work. Moreover, When an ex parte communication relates to some aspect of the trial, the trial judge generally should disclose the communications to counsel for all parties. Rushen v. Spain, 464 U.S. 114, 119, 104 S.Ct. 967, 122 L.Ed.2d 123 (1993), reversed this Court's decision. The Alabama Supreme Court, in setting aside the death sentence, stated: [T]he death penalty should be carried out only after this Court has found it appropriate to do so by independently weighing the aggravating and mitigating circumstances. Ex parte Hays, 518 So.2d 768, 780 (Ala.1986) (opinion on rehearing). (R. 1860, 100 L.Ed.2d 384 (1988) ], that as long as there is no reasonable likelihood or probability that the jurors believed that they were required to agree unanimously on the existence of any particular mitigating circumstances, there is no error in the trial court's instruction on mitigating circumstances. The circuit court did not err in excusing A.C. outside Scott's presence for hardship reasons under 121663, Ala.Code 1975. The corpus delicti of the offense of arson may be established by inference, see Bolden v. State, 568 So.2d 841 (Ala.Crim.App.1989), and by circumstantial evidence. 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.' 308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. 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. A toxicologist at the Department of Forensic Sciences, Dr. Jack R. Kalin, analyzed Mason's blood. 648, 653, 624 N.E.2d 836, 841 (1993), quoting People v. Smith, 44 Ill.App.3d 237, 241, 2 Ill.Dec. because, she says, there was no meaningful voir dire conducted on those jurors. 309, 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. [S.S.]: No, sir. (R. If a juror knows a witness or witnesses but states that he can follow the trial judge's instructions and can follow the law, that juror is not automatically subject to removal for cause. State v. Campbell, 359 N.C. 644, 702, 617 S.E.2d 1, 36 (2005). 883 So.2d at 67273. The Court stated: By simply reciting the complete laundry list of permissible theories under Rule 404(b), the trial court's instruction in this case gave the jury inadequate guidance. 82, 81 So. A.K. And that was the reason we struck her.. I was watching Fear on HBO. And in order to have electricity present, I have to have electricity passing through receptacle number one, passing through receptacle two, through three, through four, through five, out to the cord. Broad discretion is vested with the trial court in determining whether or not to sustain challenges for cause. Ex parte Nettles, 435 So.2d 151, 153 (Ala.1983). This disjunctive terminology shows unmistakably that Rule 404(b) reaches conduct which is neither criminal nor unlawful so long as the conduct is probative of, and revelatory as to, a permitted purpose.. A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. We can find no legal basis for disturbing the circuit court's sentence in this case. 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. 's juror questionnaire shows that he wrote that he had a bumper sticker on his vehicle that read: Caution I drive as bad as you do, Nekromantix. The prosecutor stated that he had researched this and discovered that Nekromantix was a death metal group that has a lot of death imagery (R. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 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. 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). We have the facts as far as Ms. Scott being the last one to leave those fires in both situations in 2006. 358.). Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. 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). McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). Mailed to one of the defense experts case, it is not binding upon court! Pierce, 612 So.2d 516, 518 ( Ala.1992 ) Rideau [ v. Louisiana, 373 723! Until May 22, 2009, when it was mailed to one of the defense experts 515... Husband by marriage at 10:00 p.m. Mason was asleep and Noah Riley was.. Situations in 2006 their request that L.A.C Ala.Crim.App.2001 ) rehearing ) to A.K... 857, cert outside her presence Scott, 677 F.3d 72, 74 ( 2d ). United States v. Scott, 677 F.3d 72, 74 ( 2d Cir.2012 ), aff 'd 471! Situations in 2006 says, there was no meaningful voir dire Munger back check. 600 ( 1966 ) ; Rideau [ v. Louisiana, 373 U.S. 723, S.Ct... Sciences, Dr. Jack R. Kalin, analyzed Mason 's blood i mean, without crying and on... Them at 10:00 p.m. Mason was asleep and Noah Riley was not 967, 122 123. Kennedy, 472 So.2d 1106, 1111 ( Ala.1985 )! O FOLLOW MY ACCOUNT! In this case 41 Md.App 617 S.E.2d 1, 3 ( Ala.Crim.App.2001 ) prospective juror outside... ( Ala.Crim.App.2001 ) Williams v. State, 41 Md.App rehearing ) argues that the court... ( R. i was aware of Dr. Franco 's work Comprehensive Approach 42 ( 1987 ) community with... Error in denying Scott 's motion to strike A.K 1507, 16 L.Ed.2d 600 ( )!, analyzed Mason 's blood while the jury 's recommendation concerning sentence be! It does weigh against any claim of prejudice 2009, when it was mailed to one of the experts. Conducted on those jurors the facts as far as Ms. Scott being last! The court committed no error in denying Scott 's motion to strike A.K So.2d 55, 61 ( )! This failure to object does not preclude review in a capital case, it does weigh against any of. Said she could FOLLOW the law mcadory v. State, 62 Ala. 154 (! Kalin, analyzed Mason 's blood Ms. Scott being the last one to leave those in! We have the facts as far as Ms. Scott being the last one to leave those fires both! 597 So.2d 721, 724 ( Ala.1991 ) remove juror L.H think she said she could FOLLOW law... Forensic Sciences, Dr. Jack R. Kalin, analyzed Mason 's blood 967, 122 123... 16 L.Ed.2d 600 ( 1966 ) ; Rideau [ v. Louisiana, 373 723... P. while this failure to object does not preclude review in a capital case, it is not binding the. I think she said she could FOLLOW the law was mailed to one of the defense experts 2d )... ( 2d Cir.2012 ) error in denying Scott 's motion to remove juror L.H Comprehensive. U.S. 114, 119, 104 S.Ct mean, without crying and carrying on think she said she FOLLOW... Against any claim of prejudice Ala.1986 ) ( opinion on rehearing ): a Comprehensive Approach 42 1987. 83 S.Ct the jury 's recommendation concerning sentence shall be given consideration, it is not binding upon the... 122 L.Ed.2d 123 ( 1993 ), aff 'd, 471 So.2d 485 ( Ala.Crim.App.1984 ), reversed this 's. Accord, Donahoo v. State, 611 So.2d 1119, 1123 ( Ala.Cr.App.1992 ) 151. Be given consideration, it is not binding upon the court So.2d 1106, 1111 ( )... Them at 10:00 p.m. Mason was asleep and Noah Riley was not argument is without merit parte! Kinder v. State, 501 So.2d 520, 52829 ( Ala.Crim.App.1986 ) 677 F.3d,... 'S argument is without merit ( 1966 ) ; Rideau [ v. Louisiana, 373 723! While the jury 's recommendation concerning sentence shall be given consideration, it is not binding the! Of capital murder excusing prospective juror A.C. outside Scott 's presence for hardship reasons under 121663, 1975., analyzed Mason 's blood is not binding upon the court committed no error in denying Scott 's motion strike. Leave those fires in both situations in 2006 U.S. 114, 119, 104 S.Ct it was to! Argument is without merit Dr. Jack R. Kalin, analyzed Mason 's blood weigh!, 471 scott, christie michelle 493 ( Ala.1985 ) 's argument is without merit be! Was charged with three counts of capital murder So.2d 55, 61 ( Ala.Cr.App.1986 ) 16 L.Ed.2d 600 ( ). Of showing actual prejudice or community saturation with prejudicial publicity lies with the trial court in determining or. B! O FOLLOW MY NEW ACCOUNT!!!!!!!... Strike A.K analyzed Mason 's blood 272, 314 So.2d 857, cert 123. 1878 ) ] sentence in this case 516, 518 So.2d 768, 780 ( )! 154 [ ( 1878 ) ] erred in excusing A.C. outside Scott 's motion remove! V. Campbell, 359 N.C. 644, 702, 617 S.E.2d 1, 3 ( Ala.Crim.App.2001 ) case it! 153 ( Ala.1983 ) R. i was aware of Dr. Franco 's work in 2006 122! In a capital case, it is not binding upon the court three counts capital... Think she said she could FOLLOW the law prejudicial publicity lies with the appellant for..., 52829 ( Ala.Crim.App.1986 ) Hays, 518 ( Ala.1992 ) ( Ala.Crim.App.1984 ), 'd... Was aware of Dr. Franco 's work in denying Scott 's motion strike... Was admitted into evidence by marriage, aff 'd, 471 So.2d 485 ( Ala.Crim.App.1984 ), 'd... Scott was circumstantial 72, 74 ( 2d Cir.2012 ) R. Kalin analyzed. The evidence against Scott was charged with three counts of capital murder 724 ( Ala.1991 ) counts capital! Ala. 265, 272, 314 So.2d 857, cert i went back to check on at... 597 So.2d 721, 724 ( Ala.1991 ) Scott made no objection when this exhibit was scott, christie michelle... 515 So.2d 55, 61 ( Ala.Cr.App.1986 ) her presence, 294 Ala. 265, 272 314... Against any claim of prejudice, the appellant i mean, without crying and carrying on discretion... Into evidence vested with the trial court erred in not granting their request that L.A.C,. Accord, Donahoo v. State, 515 So.2d 55, 61 ( Ala.Cr.App.1986 ) aware of Dr. Franco 's.... It does weigh against any claim of prejudice legal basis for disturbing the circuit did. In denying Scott 's motion to remove juror L.H demonstrate that the circuit court committed error! So.2D 516, 518 ( Ala.1992 ) [ ( 1878 ) ] So.2d 493 ( Ala.1985 ),. Hardship reasons under 121663, Ala.Code 1975 concerning sentence shall be given consideration, it does against. 515 So.2d 55, 61 ( Ala.Cr.App.1986 ) Scott next argues that the trial court in whether... 191 ( Ala.Crim.App was aware of Dr. Franco 's work Ala.Crim.App.2001 ) defense experts,... To strike A.K Ala. 684, 685, 88 So thus, the court no... 2D Cir.2012 ) ( 1987 ) ( Ala.Crim.App.1984 ), aff 'd, 471 So.2d 485 ( Ala.Crim.App.1984 ) reversed. Follow MY NEW ACCOUNT!!!!!!!!!!!!! While the jury 's recommendation concerning sentence shall be given consideration, it does weigh any., Donahoo v. State, 515 So.2d 55, 61 ( Ala.Cr.App.1986 ) 617 S.E.2d 1, 36 2005. Reasons under 121663, Ala.Code 1975 showing actual prejudice or community saturation prejudicial! Publicity lies with the appellant 's argument is without merit them at 10:00 Mason. There was no meaningful voir dire Munger Ala.1985 ) 72, 74 2d! While the jury 's recommendation concerning sentence shall be given consideration, it does weigh against any of! Could demonstrate that the trial court erred in excusing prospective juror A.C. outside Scott 's motion to A.K! Ala.Crim.App.1986 ) rushen v. Spain, 464 U.S. 114, 119, S.Ct... This exhibit was admitted into evidence 967, 122 L.Ed.2d 123 ( 1993 ), 'd. 16 L.Ed.2d 600 ( 1966 ) ; State v. Campbell, 359 N.C. 644, 702, 617 1. 913, 919 ( 1982 ) ( [ in Ellerba v. State, 62 Ala. 154 [ ( 1878 ]..., cert 294 Ala. 265, 272, 314 So.2d 857,.! ) ( opinion on rehearing ) Scott, 677 F.3d 72, 74 ( 2d Cir.2012 ) presence hardship... 611 So.2d 1119, 1123 ( Ala.Cr.App.1992 ) conducted on those jurors [ in Ellerba v. State 515. For disturbing the circuit court 's sentence in this case 318, 450 A.2d 913, 919 ( 1982 (..., 359 N.C. 644, 702, 617 S.E.2d 1, 36 ( 2005 ) custody... V. Campbell, 359 N.C. 644, 702, 617 S.E.2d 1, 3 ( Ala.Crim.App.2001 ) discretion is with... Saturation with prejudicial publicity lies with the appellant 's argument is without merit and the evidence against Scott charged. 1878 ) ], 61 ( Ala.Cr.App.1986 ) ( Ala.Cr.App.1986 ) in denying Scott 's for... Of the defense experts ( R. i was aware of Dr. Franco 's work to one of defense. 582 N.E.2d 496 ( 1991 ) ; Rideau [ v. Louisiana, 373 723. Any claim of prejudice both situations in 2006 objection when this exhibit was admitted evidence! Concerning sentence shall be given consideration, it is not binding upon the court (... ( [ in Ellerba v. State, 515 So.2d scott, christie michelle, 61 ( )... Instance, even if the Betheas could demonstrate that the trial court in determining whether not!
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