scott, christie michelle
The outlets, he said, that had been removed were put back into place, and two outlets had not been removed from the wall. But this did not resolve the case. Outlet number 3 was marked and admitted as State's exhibit number 78. Copeland said that Scott told him that all the doors were locked and there was no way to get inside the house, that Scott did not enter any numbers in the keypad to open the garage door in his presence, that he did not enter any numbers in the keypad, and that he did not have to restrain Scott to prevent her from going into the house. I yelled to her that Mason was still in the house as I headed back to the house. The test to be applied in determining whether a juror should be removed for cause is whether the juror can eliminate the influence of his previous feelings and render a verdict according to the evidence and the law. Section 13A741, Ala.Code 1975, defines the crime of arson in the first degree: (a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when: (1) Another person is present in such building at the time . To argue that the Defense experts might argue a different theory if the outlet was produced, is not credible .. Scott next argues that the circuit court erred in denying her motion to remove juror A.K. Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. [Prosecutor]: What is inferred to you in this case by the long silences of. All right. 82, 81 So. See also McCray v. State, 88 So.3d 1 (Ala.Crim.App.2010); Mitchell v. State, 84 So.3d 968 (Ala.Crim.App.2010); James v. State, 61 So.3d 357 (Ala.Crim.App.2010). The reason why a person's post-crime state of mind may be relevant is because, as Professor Wigmore suggested, the commission of a crime can be expected to leave some mental traces on the criminal. 712, 398 A.2d 1250 (1979), we] recognized that a common scheme or plan exception would have available if there had been evidence that the appellant had started the fires to make and collect insurance claims.). The jury may have given too much weight to the mitigating factor of the emotional testimony of family and friends of [Scott]. 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. denied, 595 So.2d 914 (Ala.1992) (quoting Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)). The Court: Right. 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. WebIn the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. Husband testifies for woman accused of Thus, if any error occurred, it was invited by defense counsel's actions. Thornton said that firefighters sifted through the fire debris for 8 to 10 hours but were unable to locate this missing outlet. The Court finds that these fires can be used in regard to show plan, motive, and identity. denied, 493 U.S. 1012, 110 S.Ct. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. See Madison v. State, 718 So.2d 90, 100 (Ala.Cr.App.1997) (potential juror excused because mother had recently undergone surgery and suffered with Alzheimer's disease; another potential juror excused because juror's mother was terminally ill); Allen v. State, 683 So.2d 38, 42 (Ala.Cr.App.1996) (eight potential jurors were excused, most of whom were students at the University of Alabama with pending final exams); Knotts v. State, 686 So.2d 431, 480 (Ala.Cr.App.1995) (veniremember excused by a court strike because there was an odd number of veniremembers remaining); Giles v. State, supra, at 574 (black potential juror properly excused because she was sole caretaker of an infant and a five-year-old child). The Supreme Court stated: Section 122113, Ala.Code 1975, provides: Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. 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. The TV was off and Noah Riley was still awake. 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. I feel that I don't like people messing with kids. 1038, 84 L.Ed.2d 1 (1985) (quoting in turn United States v. Frady, 456 U.S. 152, 163 n. 14, 102 S.Ct. The Court understands and sympathizes with their position, but it deprives the jury of hearing testimony from someone willing to stand up for the victim. The jury recommended a life Noah was still up and she had him come to bed with her. She said that she tried to put in the code six times. You were also asked some questions about the death penalty. The Court finds that the probative value of this evidence outweighs and prejudicial effect. See also State v. Lowther, 434 N.W.2d 747, 753 (S.D.1989) (There was a similar sequential relationship between the January fire and the December fire. 304 (1909) ] all involved only one juror, those cases can be distinguished. The Court is a great believer in the jury system and following the jury when at all possible. 1628, 14 L.Ed.2d 543 (1965); Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. 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). To invoke the statute the proponent of the evidence must first establish that the proffered physical evidence is in fact the very evidence connected with or collected in the investigation. Moreover, [i]n Land v. State, 678 So.2d 201 (Ala.Cr.App.1995), aff'd, 678 So.2d 224 (Ala.1996), a case which appears to rely on 122113, this court ruled that where a witness can specifically identify the evidence, and its condition is not an issue in the case, then the State is not required to establish a complete chain of custody in order for the evidence to be admitted into evidence. at 337. [Prosecutor]: But my point is, if it comes to that point in the trial, you could sit here and you could make a decision and listen to both sides and seriously consider the death penalty along with the other choice that you might have in the case? Trial courts have properly excused jurors pursuant to this section for a myriad of reasons. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? denied, 387 So.2d 283 (Ala.1980). 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. in Crim. We have repeatedly upheld the practice of death-qualifying prospective jurors in a capital-murder case. 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. WebLiked by Scott Christie I was told working at the same company for 6 years showed stagnation instead of loyalty. Youngblood, 488 U.S. at 5758, 109 S.Ct. 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. According to court documents Scott set fire to her home that would kill her six year old autistic son. However, the inquiry does not end there. Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. and M.W. 3863.). at 1531. Evidence of prior [or subsequent] bad acts of a criminal defendant is presumptively prejudicial to the defendant. Bolden v. State, 595 So.2d 911, 913 (Ala.Crim.App.1991), cert. 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. Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. Keyla McKinney, a hair stylist at Hello Gorgeous, testified that she had seen Scott upset with Mason, that she had seen Scott grab Mason, and that she had seen Scott spank Mason. The circuit court committed no error in denying Scott's motion to remove juror L.H. Even though she says she can be fair, I think that reason suggests otherwise., (R. Scott next argues that the circuit court erred in allowing James Munger to be qualified as an expert in fire science. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. [Defense counsel]: We object to what is usually inferred. Later, in Hale v. State, 848 So.2d 224 (Ala.2002), the Supreme Court reexamined its holding in Holton after the 1995 codification of 122113, Ala.Code 1975. Obviously, as Huddleston and [United States v.] Beechum [, 582 F.2d 898 (5th Cir.1978),] make clear, the trial judge's function is to determine only the presence of sufficient evidence to support a finding by the jury that the defendant committed the similar act, id. The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in at 1643 [6 L.Ed.2d at 756].. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. Neither the instructions nor the forms said anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed. 1128.). (unpublished memorandum). Oh, no, not my babies. So I picked him up and carried him through the front yard with me. In connection with pretrial publicity, there are two situations which mandate a change of venue: 1) when the accused has demonstrated actual prejudice against him on the part of the jurors; 2) when there is presumed prejudice resulting from community saturation with such prejudicial pretrial publicity that no impartial jury can be selected. He'll blame me or he'll try to hurt his self. (R. 873, 884 (E.D.Wash.1991) (a case whose facts are virtually identical to Gingo, wherein the court, without commenting on the materiality of the evidence or the prejudice to the defendant from its loss, held that the destruction of test samples on allegedly hazardous waste material did not amount to a due process violation in the absence of bad faith). But you could, you could do that and you could follow the Court's instructions about that? 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. Dr. Carter testified that the cough syrup would make a child sleepy. 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). (R. [Scott's] family is also the family of the victim. McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). The Alabama Supreme Court in Ex parte Tucker, reversing Tucker's conviction on an unrelated claim, stated: [W]e note that during the qualification of the venire, it was discovered that a potential venireman, Jerry Bradshaw, was the brother of a witness for the State. The sentencing judge had the opportunity to view the family members as they testified in the penalty phasean opportunity that this Court lacksand he specifically found that the family members believed that Scott was innocent of the charges. Scott objected and requested that she be allowed to voir dire Munger. at 2534. Scott asserts that it was error for the prosecutor to make the following argument in closing argument in the guilt phase: Because this is a circumstantial evidence case, we can'twe don't have any eyewitnesses that saw Mason breathing his last [breath] out there in that bedroom. Lee Janacek, director of claims for the Woodmen of the World Insurance Company, testified that on August 16, 2008, Scott obtained a third life-insurance policy on Mason in the amount of $100,000. In Ex parte D.L.H., 806 So.2d 1190 (Ala.2001), the Alabama Supreme Court stated: When one party opens the door to otherwise inadmissible evidence, the doctrine of curative admissibility provides the opposing party with the right to rebut such evidence with other illegal evidence. McElroy's Alabama Evidence, 14.01, p. 49 (5th ed.1996). (R. 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. because of a family emergency. He said that Scott told him that she was alright and that she did not need to go to the hospital. 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. at 1415 (emphasis added). Silver v. State, 705 So.2d 552, 55667 (Ala.Crim.App.1997), quoting Giddens v. State, 565 So.2d 1277, 1281 (Ala.Crim.App.1990). answered few questions. The Court explained its holding as follows: The Due Process Clause of the Fourteenth Amendment, as interpreted in Brady [v. Maryland, 373 U.S. 83, 83 S.Ct. 1 Wigmore, [Evidence ] 173, at 632 [3d ed 1940) ].. 1291.) See also Ex parte Woodall, 730 So.2d 652 (Ala.1998). [Prosecutor]: Okay. Save my name, email, and website in this browser for the next time I comment. Scott moved that juror L.H. According to court documents Scott set fire to her home that would kill her six year old autistic son. 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 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. Dr. Emily Ward, a pathologist with the Alabama Department of Forensic Sciences, testified that Mason died from smoke in his airway and thermal burns. The prosecutor's comments and the trial court's instructions accurately informed the jury of its sentencing authority and in no way minimized the jury's role and responsibility in sentencing. Weaver v. State, 678 So.2d 260, 283 (Ala.Cr.App.1995), rev'd on unrelated grounds, 678 So.2d 284 (Ala.1996).. Scott set fire to her home that would kill her six year old autistic son 14 543! She had him come to bed with her p. 49 ( 5th )... To remove juror L.H her brief, that Alabama 's judicial override is standardless and.... Michelle Scott was declared the murderer of her brief, that Alabama 's judicial override is standardless and.. December 16, 2011 ] So.3d, ( Ala.Crim.App.2011 ) that and you could follow the Court finds that probative. Court committed no error in denying Scott 's ] family is also the of... Scott objected and requested that she tried to put in the code six times sifted... About howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed could follow Court... Riley was still in the house the victim, 730 So.2d 652 ( Ala.1998.! And unconstitutional to show plan, motive, and identity name, email and! 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scott, christie michelle