The jury recommended a life I just want y'all to know that I do know this man and his family. Evidence of the two fires that occurred in February 1987 was properly admissible in the present case as tending to prove that the appellant was the person who set the house fire. And that is one of the reasons she was indicted in this case. Sgt. 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.). WebChristie Michelle Scott has been sentenced to death for setting the fire that killed her 6-year-old son. The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. [Prosecutor]:and apply the law to the facts as you see them? Accordingly, the circuit court did not abuse its discretion in denying Scott's motions for a change of venue. Turner v. State, 160 Ala. 55, 57, 49 So. She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). [J.M. However, our analysis does not end here. In Trombetta, this Court found no due process violation because the chances [were] extremely low that preserved [breath] samples would have been exculpatory. [Trombetta, 467 U.S.] at 489, 104 S.Ct. Scott next argues that the circuit court erred in denying her motion to remove juror A.K. A person's post-crime behavior often is considered relevant to the question of guilt because the particular behavior provides clues to the person's state of mind. The final nonstatutory mitigating factor is the jury's recommendation of life without parole, 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. The prosecutor's questions were within the proper scope of rebuttal examination. 1758, 90 L.Ed.2d 137 (1986). 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. The circuit court allowed the statement to be received into evidence over Scott's objection. Murder for purposes of the capital-murder statute is defined in 13A62, Ala.Code 1975: (a) A person commits the crime of murder if he or she does any of the following: (1) With intent to cause the death of another person, he or she causes the death of that person or of another person . The outlet was extensively photographed and documented. Best Match Powered by Whitepages Premium AGE -- Michael R Christie Atlanta, GA (Dunwoody) Aliases Christie Michael View Full Report Addresses Adair Ln, Atlanta, GA The record clearly shows that the venire was not biased based on any pretrial publicity. 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. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. She set her house on fire, and smoke inhalation became the reason for her sons death. Id.. The circuit court's instructions on weighing the mitigating circumstances and the aggravating circumstances were consistent with Alabama law. ], once again it comes down to two things on him. stated that she could sit on the case and make a decision based on the evidence and that she would not be swayed by what she had heard. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011); Stanley v. State, [Ms. CR062236, April 29, 2011] So.3d (Ala.Crim.App.2011); Doster v. State, 72 So.3d 50 (Ala.Crim.App.2010); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). And for what (inaudible) I've heard so much. concurring and dissenting]. Evid., provides that evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. (Emphasis added.) Scott asserts that juror C.M. Michael Haynes with the State Fire Marshal's Office testified that there was no indication that any hydrocarbon accelerant had been used. 1291.) Scott presented the testimony of more than 20 family members, friends, and clergy members. Therefore, we conclude that the multiple errors on the part of the trial court in improperly denying GM's challenges for cause were not harmless, whether or not it could have been shown that the jury ultimately seated was unbiased and impartial. 3893.) [T]he law [is] that even though a party introduces evidence that may be immaterial or illegal, his opponent has the right to rebut such evidence and this right is unconditional. Clark v. State, 54 Ala.App. Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. See State v. Day, 51 Wash.App. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. 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. On cross-examination, defense counsel asked Deputy Edwards whether he used kinesic interview techniques when he conducted interviews and he asked Deputy Edwards to define those techniques. 2528, 2532, 81 L.Ed.2d 413 (1984),] that [w]henever potentially exculpatory evidence is permanently lost, courts face the treacherous task of divining the import of materials whose contents are unknown and, very often, disputed. Part of it stems from our unwillingness to read the fundamental fairness requirement of the Due Process Clause, see Lisenba v. California, 314 U.S. 219, 236, 62 S.Ct. Melissa Lucios Daughter Death May Have Been Accidental. And I don'tas the person I know him to be, I know him to be fair. The record shows that Carolyn Scott, the owner of Hello Gorgeous, a hair salon used by the Scotts, testified that she had seen Scott yell at Mason and spank him when they were in the salon. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). The court declined to give this instruction. Id. The jury recommended a life sentence, but 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. Deputy Edwards read Scott's statement to the jury. Outlet number 3 was in Cpt. Dr. Kalin testified that he identified the following drugs in Mason's system: amphetamines, codeine, and promethazine, an antihistamine typically used to treat nausea in postoperative patients. 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 Davidson also testified that Scott was fully dressed and that at one point while they were in the ambulance Scott patted her pant pocket and pulled out a cell phone and said: I had my cell phone the whole time. 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. A party's case is always damaged by evidence that the facts are contrary to his contention; but that cannot be ground for exclusion. Ex parte Carroll, 852 So.2d 833 (Ala.2002), outlines as factors in determining whether to override a jury's recommendation. ], there's been several law enforcement people that have indicated to us that juror [B.H.] A ring, valued at $14,750, was added to the insurance policy in November 2005. After several appeals, the case is still the same, and she is still on death row. Wilson v. State, 777 So.2d 856, 918 (Ala.Crim.App.1999). [Defense counsel]: We object to what is usually inferred. 369.) The email address cannot be subscribed. 2562.) Justice Ginsburg and Justice Souter dissented from the main opinion, arguing that Kentucky's protocol lacks basic safeguards used by other States to confirm that an inmate is unconscious before injection of the second and third drugs. Baze, [553 U.S. at 114], 128 S.Ct. 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. 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). Outlet number 1, the outlet behind Mason's bed, was misplaced at the scene, and Russellville firefighters sifted through the debris for 8 to 10 hours to try and locate the outlet, but were unsuccessful. (3) Prejudice to Scott. Christie Michelle Scott is on Alabama Death Row for the murder of her child. Layne v. State, 54 Ala.App. (R. 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. Douglas James Carpenter, a fire-protection engineer, stated that he examined the fire scene and the evidence. Clearly, juror L.H. The Alabama Supreme Court in Ex parte Belisle held that Alabama's method of imposing death by lethal injection, a three-drug protocol, did not violate the Eighth Amendment to the United States Constitution. When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. Conflicting evidence presents a jury question not subject to review on appeal, provided the state's evidence establishes a prima facie case. 1260. for cause because, she argues, K.B. A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. The television had been plugged into outlet number 5. CasesReport No. (R. P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. Dr. Kalin further testified that this was the first case where he had seen codeine used in conjunction with promethazine and that both substances would induce sleepiness and drowsiness. The outlet was put in a bag and left at the scene. The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. 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. The Court has tried cases involving circumstantial evidence, cases based on confessions, and cases involving direct eyewitness testimony. WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. In this case, evidence showed that the clothes burned in the first of the two February 1987 fires had been in a closet in Ms. Briggs's home immediately before the fire, and that the appellant was the only one in the house at that time. The record shows that Scott moved to dismiss the charges at various times throughout the course of the trial. 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. I mean, obviously, one of them was the electrical. Scott did not object to McKinney's testimony. Neither is Scott's death sentence disproportionate nor excessive as compared to the penalties imposed in similar cases. Scott next argues that the circuit court erred in considering nonstatutory aggravating circumstances when overriding the jury's verdict. 3667.) 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). It cited a number of cases with multiple victimsall of which involved fewer than six victimsin which the trial courts overrode the juries' recommendations for life in prison without the possibility of parole. 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). ), cert. The Court: Yes, I do remember that, but she said that she, personally, could follow the judge's instructions. The record shows that the State called Munger to testify concerning the origin of the fire. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). In particular, this Court followed the jury's recommendation of death in the case of Jodey Waldrop, where the facts were less heinous, atrocious, and cruel than the facts of this case. Vanpelt, 74 So.2d at 89. The admission or exclusion of evidence is a matter within the sound discretion of the trial court. Taylor v. State, 808 So.2d 1148, 1191 (Ala.Crim.App.2000). Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. RUSSELLVILLE, Ala. (AP) -- A Franklin County judge has ordered a death ), The State presented numerous witnesses who testified concerning Scott's behavior immediately after the fire, which was inconsistent with a grieving parent. C.M. Find Out Here, The Most Horrific Serial Killer Robert Hansen, Doctor Death: Harold shipman serial killer Killed, Dora Buenrostro Mother Is Arrested In. WebView the profiles of people named Christie Scott. 2348, 147 L.Ed.2d 435.) I could see flickering that I thought at the time was coming from the laundry room. After reviewing the record in its entirety, as well as the context in which the allegedly inappropriate comments were made, we find that there is no reasonable possibility that the jury was misled, misinformed, or confused as to its critical role in sentencing under Alabama law. Price [v. State, 725 So.2d 1003, 1027 (Ala.Crim.App.1997) ], quoting Taylor v. State, 666 So.2d 36, 51 (Ala.Cr.App.1994). See, e.g ., Note, The Role of Police Culpability in Leon and Youngblood, 76 Va.L.Rev. 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). [T]he evidence focused on four circumstantial elements of guilt: presence at the scene, conduct before and after the fire, proof that the fire was intentionally set, and motive. Christie is related to Keith Eugene Scott and Dianne Edith Scott as well as 3 additional people. At the time of the fire, Scott and her four-year-old son Noah were sleeping in Scott's bedroom, Mason was in the boys' bedroom, and Jeremy Scott, Scott's husband, was not at home and had been out of town for several weeks. 267, 277, 384 N.E.2d 1159 (1979).]. This Court reversed the circuit court's suppression order on the authority of Youngblood. 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. As this Court stated in Ward v. State, 440 So.2d 1227 (Ala.Crim.App.1983): Appellant contends that the trial court erred in failing to exclude testimony of the prior unrelated fire of November 2, 1981, at his and his wife's residence. Thus, the requested instruction was more stringent than Alabama law. The circuit court's order was consistent with the provisions of 13A547(e), Ala.Code 1975, and with our holding in Harris v. State, 2 So.3d 880 (Ala.Crim.App.2008). 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. To override the jury's recommendation, Ex parte Carroll directs the trial court to try to discern why the jury made their recommendation. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. v. Jernigan, 883 So.2d 646 (Ala.2003), the Supreme Court revisited its holding in Bethea and found reversible error in the trial court's failure to remove five prospective jurors for cause. Scott gave the following account of the events of August 16: I went back to watch TV. (R. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. [Defense counsel]: Objection as to what may happen, Your Honor. B.H. That is a powerful statement. Christopher Aaron Nichols, an officer with the Russellville Police Department, testified that Scott's family was very, very emotional and that when her father approached her he screamed, What did you do to my grandbaby? (R. The United States Supreme Court held that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. 488 U.S. at 58, 109 S.Ct. WebAbout Scott & Christie EyeCare Associates SCEA is a vertically integrated, multispecialty eyecare platform providing comprehensive vision care services to patients in the Western Pennsylvania area. denied, 502 U.S. 928, 112 S.Ct. 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).. denied, 387 So.2d 283 (Ala.1980). 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. Von Villas, supra.. Bragwell further testified that Scott told her that her nice wedding ring was not in the house at the time of the fire but was at her mother's house. denied, 423 U.S. 951, 96 S.Ct. [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. We can't show you that.. Thus, the court committed no error in denying Scott's motion to strike A.K. If you will, speak up so he can take it down. 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. At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. Dr. Franco further testified that if a fire had started in outlet number 1, you would expect to see bare copper wire and melted insulation, which was not present in that receptacle. 2348, 147 L.Ed.2d 435 (2000),] require., Ring and Apprendi do not require that the jury make every factual determination; instead, those cases require the jury to find beyond a reasonable doubt only those facts that result in an increase in a defendant's authorized punishment or expose[ ] [a defendant] to a greater punishment Ring, 536 U.S. at 602, 604, 122 S.Ct. 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. See 12316, Ala.Code 1975. However, when detailing the aggravating circumstances in its sentencing order, the circuit court correctly found the existence of two aggravating circumstances: that the murder was committed for pecuniary gain and that the murder was especially heinous, atrocious, or cruel when compared to other capital murders. They focused only on the overall balancing question. See In re Std. On relocating to California in the 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. 2175.) The Thomas Court stated: The trial court cannot merely accept the specific reasons given by the prosecutor at face value. WebMichelle Scott-Christ Chief Financial Officer - SRWP Bellevue, Iowa, United States 985 followers 500+ connections Join to follow Starved Rock Wood Products University of 504, 580 N.E.2d 130 (1991). In fact, our research has uncovered only a very few cases in which relief was granted on the basis of presumed prejudice. Coleman v. Kemp, 778 F.2d at 1490.. Do you believe the death penalty should be imposed in some of those kind of cases every time? See also Phelps v. State, 435 So.2d 158, 163 (Ala.Crim.App.1983). Hatcher v. State, 646 So.2d 676, 679 (Ala.1994) quoting Bowden v. State, 538 So.2d 1226, 1235 (Ala.1988). See generally State v. Steffes, 500 N.W.2d 608 (N.D.1993), wherein the court observed: Relying upon state constitutional law, some states hold that even in situations where defendants cannot show bad faith on the part of the state in failing to preserve material evidence, defendants may nonetheless be entitled to an adverse-inference instruction, dismissal, or new trial if they can make a sufficient showing of substantial prejudice. Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). The jury had already spent over four weeks hearing testimony in this case. It may, however, be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.. But we think the Due Process Clause requires a different result when we deal with the failure of the State to preserve evidentiary material of which no more can be said than that it could have been subjected to tests, the results of which might have exonerated the defendant. 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. 1260.) had talked to her daughter about the case. He makes two separate arguments in support of this claim. Join Facebook to connect with Christie Scott and others you may know. ARIZONA 1297, 122 L.Ed.2d 687 (1993).. They have also lived in Bronxville, NY. Rule 403, Ala. R. 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. The name Michael Christie has over 306 birth records, 33 death records, 117 criminal/court records, 1138 address Read More Michael Thomas Christie , 54 Lives in Huntsville, UT 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. I do not, however, join the Court's opinion because it announces a proposition of law that is much broader than necessary to decide this case. Scott further argues that the circuit court used information unavailable to the jury as a basis for increasing the weight it gave to one of the aggravating circumstances. It's literally impossible for me to have a fire over here in receptacle one that started over here. Fire investigators believed that the fatal fire was actually set in her children bedroom. 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. We believe that, at least, the 2006 cases we have numerous witnesses that can testify to her actions in that case and that the similarities between the cases would show motive, identity, plan, as well as absence of mistake in this case. After police and firefighters arrived at the scene, Davidson stayed with Scott. It was orange. Scott cannot establish that the State suppressed evidence, that that evidence was favorable to Scott, or that the evidence was material to Scott's defense. 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. ). ], e.g., Note, the case is still on Row... Penalty is never a required punishment judge 's instructions on weighing the mitigating circumstances the! Noah slapped her on the face: and apply the law to the insurance in.: We object to what is usually inferred for me to have a over... Edith Scott as well as 3 additional people in Russellville, Alabama, on September 16, 2008 of... The record shows that the fatal fire was actually set in her children bedroom proper of... Russellville, Alabama, on September 16, 2008 cases involving circumstantial,... Involving direct eyewitness testimony taylor v. State, [ 553 U.S. at 114 ], 128 S.Ct Eugene and... 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