Therefore, while the trial court, acting without the guidance offered by Carroll, gave serious consideration to the unanimous recommendation of the jury for life [imprisonment] without parole, we are compelled to treat the jury's recommendation as a mitigating circumstance. We therefore reverse the judgment of the Court of Criminal Appeals as to Carroll's sentence and remand the case for that court to instruct the trial court to resentence Carroll following the jury's recommendation of life imprisonment without the possibility of parole.. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? 1417, 10 L.Ed.2d 663 (1963) ]; Estes v. Texas, 381 U.S. 532, 85 S.Ct. I'm leaving. (R. The content of the statement itself shows excitement based on a startling event. The circuit court correctly found that the statement was properly admissible as an excited utterance. United States v. Platero, 72 F.3d 806, 814 (10th Cir.1995). 1128.). 1260. I don't want him here. (R. 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. 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. The Alabama Supreme Court addressed this issue in Ex parte Belisle, 11 So.3d 323 (Ala.2008), and held: The Supreme Court upheld the constitutionality of Kentucky's method of execution, Baze [v. Rees, 553 U.S. 35, 62,] 128 S.Ct. A ring, valued at $14,750, was added to the insurance policy in November 2005. In each case, this Court upheld the trial courts' decisions to override the juries' recommendations. (2) Materiality of the lost outlet. ); 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. ). Thornton testified, Scott moved to dismiss the indictment based on the mislabeling of this outlet. Partin v. State, 82 So.3d 31, 44 (Fla.2011). 1208, 127 L.Ed.2d 555 (1994).. See In re Std. Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. Join Facebook to connect with Scott Christie and others you may know. These jurisdictions hold that when the state loses or destroys evidence, the state is subjected to a higher due process standard under their state constitutions than the bad faith test as stated in Arizona v. Youngblood. [Defense counsel]: Objection as to what may happen, Your Honor. Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. The record shows that juror A.K. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. 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. With these principles in mind, we review the issues raised by Scott in her brief to this Court. 1895.) 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. [Prosecutor]: He's never going to get married, he's never going to go to school, [Prosecutor]: The loved ones, his family will never see him again. 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. Scott was charged with three counts of capital murder. 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. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. 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. at 2534. The circuit court committed no error in denying Scott's motion to remove juror L.H. 1507, 16 L.Ed.2d 600 (1966). 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. Cpt. In her motion for a new trial, Scott again raised this issue. (R. Scott specifically challenges the emphasized portion of the circuit court's sentencing order. 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. Scott argues that double-counting the aggravating circumstance that the murder was committed for pecuniary gain as both as an aggravating circumstance and as an element of the capital-murder offense violates her rights to due process and to a fair and impartial jury. Christie Michelle SCOTT v. STATE of Alabama. James Edwards, a deputy with the State Fire Marshal's Office, testified that he interviewed Scott at the Russellville Fire Department on August 26. We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. The best result we found for your search is Michelle Christie age -- in Mount Vernon, NY in the Downtown Mount Vernon neighborhood. Second, Scott argues that the prior fires were not admissible under the common-plan or identity exception to the general exclusionary rule. 189, 88 L.Ed.2d 157 (1985); Coleman v. Zant, 708 F.2d 541 (11th Cir.1983). I mean, obviously, one of them was the electrical. In a prosecution for the murder of a wife by her husband, their general relations toward each other and evidence of actual cruelty by the defendant upon his wife prior to the shooting are admissible on the question of whether the shooting was intentional or accidental and on the questions of malice and intent. Akers v. State, 399 So.2d 929, 931 (Ala.Cr.App.1981) (citations omitted).. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. Mason's high level of carbon monoxide did not change his opinion, he said: I feel like that, as I explained, the way the fire built up and ventilated out of that hallway that it probably burned slow early on for several minutes and that allowed [Mason] to breathe a large amount of this carbon monoxide before the room actually built up enough to get flashover, if, indeed, it did. (R.1922. I took a deep breath, stood up, and opened the window. 154, 225 S.E.2d 607 (1985) ([T]here was no contention by the state that these fires were the result of criminal activity on the part of appellant or anyone else; hence, the questioning cannot be considered an improper attempt to introduce evidence of prior offense.); State v. Roberts, 250 Ga. 414, 415, 297 S.E.2d 274, 275 (1982) ([W]e cannot find error in the admission of evidence of prior fires which were not shown to have been the result of criminal activity.). 1260.) McCostlin v. State, 594 So.2d 214, 218 (Ala.Crim.App.1991). One outlet, he said, the outlet that was behind Mason's bed could not be located; however, numerous photographs of this outlet had been made. At the conclusion of the court's instructions, Scott did not object to the court's failure to charge the jury on the agreement necessary to find the existence of mitigating circumstances. See Huddleston v. United States, 485 U.S. 681, 108 S.Ct. Sneed v. State, 1 So.3d 104, 14344 (Ala.Crim.App.2007). [Prosecutor]: I'll rephrase the question. Id. While it is true that it is not necessary for the prosecution to prove a motive for murder, if a motive is proveable, it certainly is relevant to a material issue which the state must provethe guilt of the accused. Fountain v. State, 681 S.W.2d 858, 864 (Tex.App.1984). The jury recommended a life When reviewing a trial court's jury instructions, we must view them as a whole, not in bits and pieces, and as a reasonable juror would have interpreted them. Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000). A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. WebScott Matthew Christie, 55 Resides in San Carlos, CA Lived In Portage MI, Battle Creek MI, Normal IL, Kalamazoo MI Related To Michael Christie, Robert Christie, Matthew Christie, Julie Christie Also known as Christie Scott Includes Address (8) Phone (1) Email (2) See Results Scott Lee Christie, 63 Resides in Austin, TX has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. 323 .) The Court: Either side? 33 So.3d at 1286. ), The State presented numerous witnesses who testified concerning Scott's behavior immediately after the fire, which was inconsistent with a grieving parent. Ex parte Taylor was the first case to hold that when a circuit judge chooses to override a jury's recommendation of life imprisonment without the possibility of parole, the judge must set out specific reasons for giving the jury's recommendation the consideration that it did. Join Facebook to connect with Christie Scott and others you may know. (R. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. At the end of the jury charges, defense counsel objected to the court's failure to charge on spoliation of evidence. Ex parte Carroll sets out that the weight to be given the mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole. On appeal, Pittway argued that Munger's testimony should not have been considered because Munger lacked a four-year college degree, because he was not an engineer, and because he was not a proper expert. Rule 404(b). [I]ntent is a question for the jury Intent, being a state or condition of the mind, is rarely, if ever, susceptible of direct or positive proof, and must usually be inferred from the facts testified to by witnesses and the circumstances as developed by the evidence. Pumphrey v. State, 156 Ala. 103, 47 So. 3375, 87 L.Ed.2d 481 (1985). She said that she retrieved some jewelry out of Scott's home about one week after the fire. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. [Prosecutor]:and apply the law to the facts as you see them? 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. This Court is convinced that other defendants have been sentenced to death for murders that are less heinous, atrocious and cruel than this murder. Given the substantial body of evidence in this case indicating that there was no discriminatory intent on the prosecutor's part, we refuse to extend the holding in Thomas to require a prosecutor, in every case where a Batson objection has been made, to provide an evidentiary foundation for each peremptory strike used against a black member of the venire (e.g., testimony from victims, police officers, or any other individual who may have supplied information about a member of the venire that the prosecutor believes in good faith to be true). More than 70 witnesses testified for that, and the death case in chief reviewed the evidence as well. denied, 502 U.S. 928, 112 S.Ct. Save my name, email, and website in this browser for the next time I comment. Last, in Ex parte Billups, 86 So.3d 1079 (Ala.2010), the Alabama Supreme Court held that the court must instruct the jury on the purpose for which the evidence was admitted and not merely recite to it the laundry list of Rule 404(b) exceptions. All right. 76 Va.L.Rev. What about a situation where someone intentionally kills child? [Ex parte ] Carroll, 852 So.2d [833] at 836 [ (Ala.2002) ]. for cause. [Deputy Edwards]: I'm sorry, could you repeat it one more time? James Munger testified that in his opinion the fire did not originate in the television cabinet because [h]ad the fire started inside the television, and we've set fires inside of televisions in test scenarios in burn cells, it will basically cook its way down through whatever surface it is sitting on. (R. Although motive is not an element of first-degree murder, it is evidence of intent. Christie Michelle Scott was arrested in August 2008 for setting the house on fire to get the insurance money. And if it had been interior heating from inside the box that should havethe insulation and that should have been a lot more damaged than what it showed., (R. Both of Scott's experts testified that the fire originated in the television cabinet and not near or around outlet number 3. Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. She merely stated that arrangements would have to be made. I crawled back over to the bed and pulled Noah Riley off in the floor. See also, State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152 (1993) [Feldman, C.J. McWhorter v. State, 781 So.2d 257, 273 (Ala.Crim.App.1999). Nelson v. State, 440 So.2d 1130, 1132 (Ala.Crim.App.1983). 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 Court: Right. 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. I killed his [Jeremy's] baby. (R. 2630, 129 L.Ed.2d 750 (1994) (The aggravating circumstance may be contained in the definition of the crime or in a separate sentencing factor (or in both).); Ex parte Kennedy, 472 So.2d 1106, 1108 (Ala.1985) (rejecting a constitutional challenge to double counting); Brown v. State, 11 So.3d 866 (Ala.Crim.App.2007); Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007); Jones v. State, 946 So.2d 903, 928 (Ala.Crim.App.2006); Peraita v. State, 897 So.2d 1161, 122021 (Ala.Crim.App.2003); Coral v. State, 628 So.2d 954 (Ala.Crim.App.1992); Haney v. State, 603 So.2d 368 (Ala.Crim.App.1991). 4256.). Alabama recognizes a liberal test of relevancy Haves v. State, 717 So.2d 30, 36 (Ala.Crim.App.1997). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Both homes were heavily insured at the times of the fires, Scott had increased her insurance within months of the fires, the Scotts received over $185,000 in insurance monies as a result of the second 2006 fire and over $250,000 as a result of the 2008 fire, Scott was the only adult present at the time of the fires, the smoke alarms had been disabled at the time of the fires, and the ignition source for each fire could not be determined. Evid., we would find that evidence was correctly admitted for the following reasons. If you will, speak up so he can take it down. Scott asserts that the admission of this evidence violated Rule 404(b), Ala. R. Evid. Concerning outlet number 2, Dr. Franco said: [E]ven though the wire insulation is burned out here, consumed out here near these terminal screws inside that box, I still have wire insulation back here. (C.R.12.) Malone said that Scott then said: How am I going to tell Jeremy that I have let his baby die? (R. 476 U.S. at 173, 106 S.Ct. This standard was defined by the Eleventh Federal Circuit Court of Appeals in Coleman v. Kemp, 778 F.2d 1487 (11th Cir.1985), cert. 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. I was aware of Dr. Franco's work. Neither defense expert testified that faulty outlets were the cause of the fire; rather, they testified that the fire started in the television cabinet in the boys' room. To argue that the Defense experts might argue a different theory if the outlet was produced, is not credible .. Therefore, it is only logical to conclude that a unanimous recommendation like the one here provides even more overwhelming support of such a sentence and, therefore, must be afforded great weight. A verdict of conviction will not be set aside on the ground of insufficiency of the evidence unless, allowing all reasonable presumptions for its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince this court that it was wrong and unjust. [Defense counsel]: Judge, she's one of the teachers that commented yesterday that all teachers should be excluded from the jury because of their close work with children and the fact that a child is involved in this case. 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. [C.M. 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. denied, 474 U.S. 865, 106 S.Ct. This Court is bound by the decisions of the Alabama Supreme Court. Testimony going to show motive, though motive is not an element of the burden of proof resting on the state, is always admissible.' '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. at 1242. WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. In her defense, Scott presented the testimony of two experts in fire investigation and numerous friends and family members. 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. 877, 357 N.E.2d 1320 (1976). Each outlet, he said, was cut at a different length so that the outlet could be matched to the wall receptacle and each outlet was photographed, from a 360degree angle, to document their removal. The record shows the following discussion: Before we argue any motions, let me just tell both sides, venireperson [A.C.], the circuit clerk brought her in because she had told her about her hardship with school that she has classes Tuesdays and Thursdays and asked to be excused, and I went ahead and excused her during lunch.. It was orange. 676, 175 L.Ed.2d 595 (2010), and stated: [T]he instructions did not say that the jury must determine the existence of each individual mitigating factor unanimously. 808 So.2d at 1219. Testimony of Scott's actions after the fire and the death of her son was relevant to Scott's guilt and was properly admitted. See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). I was headed to the front door when Brian [Copeland] grabbed me and held me down. [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. was rehabilitated. 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. Duren v. State, 590 So.2d 360, 364 (Ala.Cr.App.1990), aff'd, 590 So.2d 369 (Ala.1991), cert. Turner v. State, 924 So.2d 737, 754 (Ala.Crim.App.2002). Jana Boyd, a stylist at the WalMart hair salon, testified that a lady came in the store on the Monday after the fire and that Swinney got upset and Boyd had to wait on the customer. (R. It was his opinion that the fire was incendiary, which he explained, is a fire intentionally set by someone. There was evidence indicating that everything else mounted on the walls at the same height as the smoke detectorthe electrical box that housed the smoke detector, a thermostat, a wooden doorbell cover, and a picture framehad sustained serious heat damage or had melted completely. The record clearly shows that the venire was not biased based on any pretrial publicity. In the present case, seven made such a recommendation, the statutory minimum to allow a life without parole recommendation.. McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. ), 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. 1031, 130 L.Ed.2d 1004 (1995), which upheld 13A547(e), Ala.Code 1975commonly referred to as the judicial-override statuteagainst constitutional attack. Tomlin v. State, 909 So.2d 213, 282 (Ala.Crim.App.2002), rev'd on other grounds, 909 So.2d 283 (Ala.2003). Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. WebMichelle A Christie. 876.) WebChristy Scott - @christyscott5934 I am a young singer/songwriter hailing from the North East coast of Scotland. 4063. Scott asserts that juror C.M. Both fires occurred in the early morning hours when the mobile homes were unoccupied. (3) Prejudice to Scott. Sgt. The movie went off around 11:00 p.m. denied, U.S. , 131 S.Ct. denied, 464 U.S. 1047, 104 S.Ct. It should set off bells and whistles to investigators. [Defense counsel]: Objection, Your Honor. Dowdell v. State, 480 So.2d 45 (Ala.Cr.App.1985). The record shows that Melinda Swinney, a stylist in a hair salon at WalMart discount store, testified that on Monday after the Saturday fire she saw Scott. Such a recommendation is to be treated as a mitigating circumstance. 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. This Court reversed the circuit court's suppression order on the authority of Youngblood. 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). WebChristie Michelle Scott v. State of Alabama :: 2012 :: Alabama Court of Criminal Appeals Decisions :: Alabama Case Law :: Alabama Law :: US Law :: Justia. A.K. Cpt. 1496, 99 L.Ed.2d 771 (1988) ]; cf. After Cpt. See Powers v. Ohio, 499 U.S. 400, 111 S.Ct. When the evidence raises questions of fact for the jury and such evidence, if believed, is sufficient to sustain a conviction, the denial of a motion for a judgment of acquittal by the trial court does not constitute error. [Deputy Edwards]: They're trying to think of. See Harville v. State, 386 So.2d 776 (Ala.Crim.App.1980); Bass v. State, 375 So.2d 540 (Ala.Crim.App.1979). Thornton's testimony. A couple of them even had the paper that is inside. Freeman [v. State ], 776 So.2d [160] at 195 [ (Ala.Crim.App.1999) ]. The Court: [C.M.] 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. He said that the amphetamine level in a typical child being treated for ADHD is less than 100 but that Mason's level was 450a level, he said, that was consistent with what you would expect to see in a DUI case. Thornton said that firefighters sifted through the fire debris for 8 to 10 hours but were unable to locate this missing outlet. 2464, 91 L.Ed.2d 144 (1986). The Court does consider the impact on her family, particularly her younger son, and gives this circumstance its due weight. Briggs argued on appeal that the prior fires were not admissible because he was never charged with those fires, that he was not seen starting those fires, and that the evidence was admitted only to show his propensity to commit the charged arson. (R. If the accused was convicted for the former misconduct then, of course, the record of the conviction will generally suffice. The photographs and the electrical boxes were available for examination by defense experts. Christie Michelle Scott was convicted of capital murder in July 2009. In the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. WebView the profiles of people named Christie Scott. ), aff'd 500 So.2d 1064 (Ala.1986), cert. 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. may have a close relationship with some individuals who, either family or friends, with some individuals who have a strong dislike toward the Russellville Police Department. 2392, 2402, 49 L.Ed.2d 342. 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. [Deputy Edwards]: Yes. The judge is not required to be convinced beyond a reasonable doubt, by clear and convincing evidence, or by a preponderance of the evidence that defendant committed the extrinsic act. State v. Haskins, 104 N.C.App. The State moved that Munger be qualified as an expert. GM was forced to use 5 of its 19 peremptory challenges, over 25%, to eliminate potential jurors who should have been struck by the trial court pursuant to GM's challenges for cause. 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. The Delaware court noted that prior to Youngblood, it had employed a three-factor analysis to decide due process claims arising out of lost or destroyed evidence. I began to try to get out of the window, got halfway out and fell. Scott next argues that the circuit court erred in death-qualifying the jurors because, she says, it produced a conviction-prone jury that was more likely to vote for the death penalty. Charged with three counts of capital murder for committing an intentional murder committing! A ring, valued at $ 14,750, was added to the front door Brian... 122 S.Ct the photographs and the death case in chief reviewed the evidence well. 5, that Scott then said: How am I going to tell Jeremy that I have let his die., ] 609, 122 S.Ct connect with Scott Christie and others you may know evidence well... The number one source of free legal information and resources on the death case in chief reviewed the as... To override the juries ' recommendations hours but were unable to locate this missing outlet and this... A mitigating circumstance court is bound by the defendant is admissible to show intent, motive or.... Got halfway out and fell 'm sorry, could you repeat it one more time court reversed the circuit 's! Downtown Mount Vernon neighborhood Ohio, 499 U.S. 400, 111 S.Ct that retrieved. 10Th Cir.1995 ) both fires occurred in the floor, was added to the general exclusionary.. 'S actions after the fire and the electrical boxes were available for examination by Defense experts, 10 663!, 96 S.Ct the indictment based on the mislabeling of this outlet 473 So.2d 1143 1146... 1 So.3d 104, 14344 ( Ala.Crim.App.2007 ), BURKE, and KELLUM BURKE! Ring [ v. Arizona ], 776 So.2d [ 160 ] at 836 [ ( Ala.2002 ) ] ; v.!, 10 L.Ed.2d 663 ( 1963 ) ] quoting United States, 485 U.S. 681 108!, 479 So.2d 76 ( Ala. ), aff 'd, 590 360! Alabama recognizes a liberal test of relevancy Haves v. State, 375 540! Join Facebook to connect with Christie Scott and others you may know circuit court 's suppression on! Were unable to locate this missing outlet Eslava v. State, 82 So.3d 31 44! By a vote of 7 to 5, that Scott be sentenced to imprisonment! Around 11:00 p.m. denied, U.S., 131 S.Ct impact on her family, particularly her younger son named... Effect scott, christie michelle a jury 's recommendation of life imprisonment without the possibility of parole in re Std Cir.1995! Argue a different theory if the accused was convicted for the next time I comment the movie went around. Life imprisonment without the possibility of parole court reversed the circuit court 's sentencing.. Hailing from the North East coast of Scotland circuit court 's suppression order on the web was scott, christie michelle the of! Findlaw.Com, we review the issues raised by Scott in her Defense, Scott again raised this issue,,! Decidedly better position than an appellate court to assess the credibility of the jurors during voir questioning... I 'm sorry, could you repeat it one more time conviction will generally suffice in each,... I was headed to the front door when Brian [ Copeland ] grabbed me and held me down said. Your views on the wall at the time of the statement was properly as... Shows excitement based on any pretrial publicity to 10 hours but were unable to locate missing! Scott specifically challenges the emphasized portion of the statement was properly admitted So.2d 369 ( Ala.1991 ),.. Halfway out and fell a new trial, Scott moved to dismiss the indictment based on mislabeling!, 473 So.2d 1143, 1146 ( Ala.Cr.App.1985 ) evid., we pride ourselves on being the one! 737, 754 ( Ala.Crim.App.2002 ) 1988 ) ], 499 U.S.,! In a decidedly better position than an appellate court to assess the credibility of the conviction will suffice. Scott be sentenced to life imprisonment without the possibility of parole principles mind! 500 So.2d 1064 ( Ala.1986 ), cert on any pretrial publicity 1988 ) ] Supreme court 214! When Brian [ Copeland ] grabbed me and held me down to what may happen, Your.. A vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole facts... A startling event no error in denying Scott 's guilt and was properly admissible as an.... Intentionally kills child [ 160 ] at 195 [ ( Ala.Crim.App.1999 ) 108 S.Ct week!, Eslava v. State, 386 So.2d 776 ( Ala.Crim.App.1980 ) ; Coleman Zant. Electrical boxes were available for examination by scott, christie michelle experts alabama recognizes a liberal of! 99 L.Ed.2d 771 ( 1988 ) ] admitted for the next time I comment of them the... Of recent abuse to the bed and pulled Noah Riley off in the final appeal Christie. The court does consider the impact on scott, christie michelle family, particularly her younger son, named Mason Scott State 1. The prior fires were not admissible under the common-plan or identity exception to the and. Indicated that the statement was properly admissible as an expert and whistles to investigators 386 scott, christie michelle... Ala. R. Evid missing outlet the movie went off around 11:00 p.m. denied U.S.... Ala.Cr.App.1990 ), cert 536 U.S. [ 584, ] 609, 122 S.Ct in her motion a... States, 485 U.S. 681, 108 S.Ct the photographs and the death case in chief reviewed evidence! Which he explained, is not credible the fire raised by Scott in her Defense Scott... ] 609, 122 S.Ct her son was relevant to Scott 's actions the... As you see them opportunity to further explain the effect of a jury 's recommendation of life without! V. Arizona ], 776 So.2d [ 160 ] at 836 [ ( Ala.2002 ) ] ;.!, 362 So.2d 1296 ( Ala.Cr.App.1978 ) ; Bass v. State, 82 So.3d 31, 44 ( Fla.2011.... Headed to the facts as you see them ; Ex parte Grayson, So.2d! Misconduct then, of course, the record clearly shows that the smoke detector would have be... Is not an element of first-degree murder, it is evidence of intent Christie. ), cert, 131 S.Ct ( 1985 ) ; Coleman v. Zant, 708 541. ( Ala.Crim.App.1980 ) ; Bass v. State, 440 So.2d 1130, 1132 ( Ala.Crim.App.1983.... The question began to try to get out of Scott 's home about week. [ 584, ] 609, 122 S.Ct opportunity to further explain the effect of jury... Christie Michelle Scott was charged with three counts of capital murder result we for... A fire intentionally set by someone court does consider the impact on her,... ( Ala.Cr.App.1990 ), aff 'd, 590 So.2d 369 ( Ala.1991,..., 47 So itself shows excitement based on a startling event a new trial, Scott presented the of. Juries ' recommendations the statement itself shows excitement based on any pretrial publicity dire.! Of recent abuse to the facts as you see them the electrical review the issues raised by in... 99 L.Ed.2d 771 ( 1988 ) ] presented the testimony of two experts in fire investigation and numerous friends family..., ] 609, 122 S.Ct a mitigating circumstance windom, P.J., and the electrical evidence! I going to tell Jeremy that I have let his baby die Agurs, 427 U.S. 97 112... 924 So.2d 737, 754 ( Ala.Crim.App.2002 ) [ Prosecutor ]: and apply the to..., 924 So.2d 737, 754 ( Ala.Crim.App.2002 ) the paper that is inside Zant, 708 F.2d 541 11th. 'S motion to remove juror L.H was correctly admitted for the former misconduct then, of,! Burke, and the electrical boxes were available for examination by Defense experts 214 218. Of her son was relevant to Scott 's home about one week the! Boxes were available for examination by Defense experts might argue a different theory if the accused was of... As an excited utterance am I going to tell Jeremy that I have let his baby die emphasized. Recognizes a liberal test of relevancy Haves v. State, 781 So.2d 257, 273 ( Ala.Crim.App.1999 ) we the., 131 S.Ct principles in mind, we pride ourselves on being the number source. House on fire to get out of the statement was properly admitted,. The movie went off around 11:00 p.m. denied, U.S., 131 S.Ct that is inside six-year-old son, Mason... See Harville v. State ], 776 So.2d [ 160 ] at 836 [ ( Ala.Crim.App.1999 ]... V. Platero, 72 F.3d 806, 814 ( 10th Cir.1995 ), 10 L.Ed.2d 663 ( 1963 ]... The law to the court 's failure to charge on spoliation of.! 532, 85 S.Ct her son was relevant to Scott 's home about week... Moved to dismiss the indictment based on a startling event 's guilt and was properly admissible as an expert an... In fire investigation and numerous friends and family members missing outlet be treated as mitigating! Harville v. scott, christie michelle, 681 S.W.2d 858, 864 ( Tex.App.1984 ) on startling! The mobile homes were unoccupied be made [ 160 ] at 195 [ Ala.Crim.App.1999! Ala.Cr.App.1985 ) of capital murder me and held me down, 569 at..., C.J door when Brian [ Copeland ] grabbed me and held me down 104 14344. In chief reviewed the evidence as well get out of the circuit court 's failure charge! Challenges the emphasized portion of the window misconduct then, of course, the record of the fire debris 8. The photographs and the death penalty challenges the emphasized portion of the fire was incendiary, which he explained is! More time, 386 So.2d 776 ( Ala.Crim.App.1980 ) ; Ex parte Grayson, 479 So.2d (. An element of first-degree murder, it is evidence of intent [ v. State, 590 So.2d 369 ( ).