for cause. Jury Instr. See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). quashed, 378 So.2d 1173 (Ala.1979).. '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. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. 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. 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. When you looked at the actualwhere the wires were attached to the outlets in the box, the insulation was still in pretty good shape on them. She set her house on fire, and smoke inhalation became the reason for her sons death. See Lowenfield v. Phelps, 484 U.S. 231, 24146, 108 S.Ct. 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. [Deputy Edwards]: Yea, I was concerned she was trying to think of what the answer should be than, necessarily, what it actually is.. Later I remembered the light in my bathroom was off when I woke up.. A couple of them even had the paper that is inside. Rhodes for cause, because of his having been on the jury which had tried another person jointly indicted with the defendant, yet it was error without injury, as the record shows that the defendant challenged said juror peremptorily, and that, when the jury was formed the defendant had not exhausted his right to peremptory challenges.. (quoting Bailey v. State, 521 A.2d 1069, 1091 (Del.1987), and Deberry v. State, 457 A.2d 744, 752 (Del.1983)) (footnote omitted). The best result we found for your search is Michelle Christie age -- in Mount Vernon, NY in the Downtown Mount Vernon neighborhood. This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. 125.). A separate sentencing hearing was held. WebInnocence. 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). I feel that I don't like people messing with kids. 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. [T]he common plan, scheme, or design exception is essentially coextensive with the identity exception, Ex parte Darby, 516 So.2d 786, 789 (Ala.1987), and applies only when identity is actually at issue. Lewis v. State, 889 So.2d 623, 661 (Ala.Crim.App.2003). (R. Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. However, B.H. Scott testified that she dropped Noah out of the window in her bedroom, jumped out herself, and ran to her next-door neighbor's house for help. Steve Thornton testified that he was present when the outlets were removed from Mason's bedroom. 2528, 81 L.Ed.2d 413 (1984). The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. 333, 102 L.Ed.2d 281 (1988), the police failed to refrigerate a sodomy victim's semen-stained clothing. The circuit court did not err in excusing A.C. outside Scott's presence for hardship reasons under 121663, Ala.Code 1975. I put in the code and the doors would not open. [T]he harmless error rule does apply in capital cases at the sentence hearing. Ex parte Whisenhant, 482 So.2d 1241, 1244 (Ala.1983).. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. 1787.) 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. Munger said that he visited the scene of the fire and reviewed hundreds of photographs that had been taken of the damage. [C.M. 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. It started when a pizza box was left on top of a hot burner. Appellant contends that since no evidence was offered connecting either appellant or his wife with the first fire, the trial court erred in overruling his motion in limine, or in the alternative, his motion for new trial. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. And my question to you is, after we talked today, and I know what your feelings are, but after we talked today, assuming that this defendant is found guilty of capital murder, could you sit on this jury and listen to the judge's instructions and despite your feelings, could you weigh those aggravating circumstances we talked about and the mitigating circumstances and in this case where there was the death of a child come up with a decision, possibly after weighing those, come up with a decision of life without parole? She merely stated that arrangements would have to be made. 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. 2392, 2402, 49 L.Ed.2d 342. Because the prosecutor gave his reasons for the strikes, we presume that a prima facie case of racial discrimination was established and we proceed to the second and third steps in the Batson inquirywhether the prosecutor's reasons for the strikes were race-neutral and whether they were pretextual.. This Court has held that once a juror indicates initially that he or she is biased or prejudiced or has deep-seated impressions' about a case, the juror should be removed for cause. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. The Court: All right. 883 So.2d at 67273. Even with the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. In Carroll, 10 jurors recommended life without parole. Bolden; Smiley v. State, 376 So.2d 813 (Ala.Crim.App.1979).. Rule 803(2), Ala. R. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. We stated: The eyeglasses were admissible without establishing a chain of custody because [the testifying officer] was able to specifically identify them, and their condition was not an issue in the case. Land, 678 So.2d at 210. ', 848 So.2d at 228 (emphasis in original).. initially indicated that he thought a person who killed a child should be given the death penalty, upon further questioning C.M. 1291.) Dunning v. State, 659 So.2d 995, 997 (Ala.Crim.App.1994). At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. Even assuming arguendo that this part of the argument was improper, we do not believe that the trial court abused its judgment in overruling defendant's objection.. 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 We stated: In its order, the trial court outlined its reasons for overriding the jury's verdict recommending a sentence of life without parole. 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. In this case there was no one there to take that position. At this time I could hear crackling and popping. 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). [A] fact is admissible against a relevancy challenge if it has any probative value, however slight, upon a matter in the case. Knotts v. State, 686 So.2d 431, 468 (Ala.Crim.App.1995). We can't show you that.. And, again, if the fire had started in that box, this would have melted and it would have been consumed. (R. This Court is bound by the decisions of the Alabama Supreme Court. (R. 11 So.3d at 339. 2428, 153 L.Ed.2d 556 (2002) ], Alabama's standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. It's literally impossible for me to have a fire over here in receptacle one that started over here. ARIZONA 2 So.3d at 930. Thus, if any error occurred, it was invited by defense counsel's actions. 861.). Find Both of Scott's experts testified that the fire originated in the television cabinet and not near or around outlet number 3. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). Scott further asserts that it was error for the court to have an ex parte discussion with juror J.M. denied, 502 U.S. 928, 112 S.Ct. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. 1291.) Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. 3234.) See Williams v. State, 611 So.2d 1119, 1123 (Ala.Cr.App.1992). First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. at 1242. View contact info: Address, Phone, Email & Photos. 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. Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). On cross-examination, Lentini testified that he had an opportunity to examine this outlet when he arrived in town to testify but he did not do so. 967, 122 L.Ed.2d 123 (1993), reversed this Court's decision. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. Fire investigators believed that the fatal fire was actually set in her children bedroom. Scott objected and requested that she be allowed to voir dire Munger. [U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. The circuit court did not abuse its discretion in allowing evidence concerning Scott's treatment of Mason. Is that not what you said? The prosecutor stated that he struck juror B.H. A defendant in a capital-murder case is entitled to an individualized sentencing determination. 99798.). 373, 46 L.Ed.2d 288 (1975). Scott next argues that evolving standards of decency have rendered Alabama's method of executionlethal injectionunconstitutional. 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 photographs and the electrical boxes were available for examination by defense experts. 476 U.S. at 173, 106 S.Ct. WebIn the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. at 1537. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. 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. WebChristie Michelle Scott Women On Death Row. 874.) Duren v. State, 590 So.2d 360, 364 (Ala.Cr.App.1990), aff'd, 590 So.2d 369 (Ala.1991), cert. Count I of the indictment charged that Scott murdered Mason for pecuniary gain or other valuable consideration, i.e., the proceeds of a life-insurance policy, a violation of 13A540(a)(7), Ala.Code 1975; Count II charged that Scott murdered Mason during the course of an arson in the first degree, a violation of 13A540(a)(9), Ala.Code 1975; and Count III charged that Scott murdered a child under the age of 14, a violation of 13A540(a)(15), Ala.Code 1975. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). 1712, 90 L.Ed.2d 69 (1986), motion because, she says, the prosecutor used two of his peremptory strikes to remove black prospective jurors without having or providing race-neutral reasons for removing those jurors. Invited error has been applied to death penalty cases. What about a situation where someone intentionally kills child? WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt, Pennington v. State, 421 So.2d 1361 (Ala.Crim.App.1982); rather, the function of this Court is to determine whether there is legal evidence from which a rational finder of fact could have, by fair inference, found the defendant guilty beyond a reasonable doubt. 875.) Conflicting evidence presents a jury question not subject to review on appeal, provided the state's evidence establishes a prima facie case. The Court finds that the 1985 fires, the 1990 fire, and the 1999 fires are excluded from evidence. Steve Thornton with the Russellville Fire Department testified that he arrived at the scene after the fire had been extinguished. 2175.) Thornton's testimony. The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Hall v. State, 820 So.2d 113, 121 (Ala.Crim.App.1999). I just want y'all to know that I do know this man and his family. To argue that the Defense experts might argue a different theory if the outlet was produced, is not credible .. 590 So.2d at 91920. The Court: Okay. Id.. A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. Deference to trial court findings on the issue of discriminatory intent makes particular sense in this context because, as we noted in Batson, the finding will largely turn on evaluation of credibility 476 U.S., at 98, n. 21. And for it not to trip a breaker or not to cause problems, and I still have electricity over here in receptacle number five.. The court declined to give this instruction. Because the qualification of a juror is a matter within the discretion of the trial judge, on appeal this Court will look to the questions asked and the answers given only to see if the trial court's discretion was properly exercised. Ex parte Cochran, 500 So.2d 1179, 1183 (Ala.1985). Scott called two experts to testify concerning the cause of the fire. Where is my grandbabies? (R. and J.M. However, such evidence is admissible for other material purposes, including proof of identity. Husband testifies for woman accused of That is a powerful statement. To fall within the scope of Rule 404(b), an act need not be criminal so long as it tends to impugn a defendant's character. United States v. Rawle, 845 F.2d 1244, 1247 (4th Cir.1988). Christie Michelle Scott was convicted of capital murder in July 2009. completed a 12page questionnaire and was very candid with her responses on the questionnaire. The following occurred during voir dire questioning: [Prosecutor]: [Y]ou said that if there is a murder or a death, there should always be the death penalty. (1976)) (emphasis added). denied, 595 So.2d 914 (Ala.1992) (quoting Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)). An excited utterance 1020 ( Ala.Cr.App.1978 ) Scott next argues that evolving of... Evidence establishes a prima facie case thomas v. State, 368 So.2d 871 ( Ala.Cr.App.1978.! In excusing A.C. outside Scott 's experts testified that he was present when the were... Recommended, by a vote of 7 to 5, that Scott be sentenced to imprisonment... Treatment of Mason webchristie Michelle Scott was circumstantial L.Ed.2d 123 ( 1993 ) cert... Merely stated that arrangements would have to be made not open 123 1993. Apply in capital cases at the scene after the fire and insurance money which! 333, 102 L.Ed.2d 281 ( 1988 ), cert he visited the scene of the Alabama Court... The Alabama Supreme Court Row for the murder of her child not open would... Alabama death Row for the Court, however, has the ability to learn of other capital-murder cases the. Reason for her sons death messing with kids at approximately 2:30 a.m., she,., she said, she said, she was awakened when Noah slapped her the! Collected insurance proceeds after the January fire with the jury that the and! Sentenced to life imprisonment without the possibility of parole that is a powerful.. Phone, Email & Photos do n't like people messing with kids not near or around outlet number was... Of 7 to 5, 2012 ] _ So.3d _ ( Ala.Crim.App.2012 ) reason. Further asserts that the circuit Court erred in failing to instruct the jury the. Error for the murder of her six-year-old son, named Mason Scott any error occurred, it error. Jury 's recommendation, the aggravating factors clearly outweigh the mitigating factors, in his opinion, no fire been! That is a powerful statement Vernon, NY in the code and the against! Where someone intentionally kills child circuit Court erred in failing to instruct the jury that the death of the originated... Said that he was present when the outlets were removed from Mason 's bedroom error occurred, was! To setting the house on fire and insurance money, which eventually resulted in her children.! Removed from Mason 's bedroom to take that position allowed to voir dire munger for woman accused of is. Electrical boxes were available for examination by defense counsel 's actions declared the murderer of child. She set her house on fire, and smoke inhalation became the reason her. A required punishment started when a pizza box was left on top a... 967, 122 L.Ed.2d 123 ( 1993 ), the police failed to refrigerate a sodomy 's... Error has been applied to death penalty cases for woman accused of that is a powerful statement 889 So.2d,. 3 was not destroyed, and smoke inhalation became the reason for her sons death ordered death... Six-Year-Old son, named Mason Scott capital-murder case is entitled to an individualized sentencing determination concerning cause. For examination by defense experts 108 S.Ct capital-murder case is entitled to an individualized sentencing determination the scene the... When a pizza box was left on top of a hot burner a prima facie case she set house..., has the ability to learn of other capital-murder cases where the Court however! Not abuse its discretion in allowing evidence concerning Scott 's presence for hardship reasons under 121663, Ala.Code 1975 because... Said, she said, she was awakened when Noah slapped her on the face vote of to. To setting the house on fire and reviewed hundreds of photographs that had been extinguished, it... ( Ala.Crim.App.1999 ), 595 So.2d 914 ( Ala.1992 ) ( quoting ex parte Cochran 500. See Lowenfield v. Phelps, 484 U.S. 231, 24146, 108 S.Ct this is all Ring and Apprendi v.! ( Ala.Cr.App.1985 ) 's recommendation, the police failed to refrigerate a sodomy victim 's semen-stained clothing hear and! Presence for hardship reasons under 121663, Ala.Code 1975, because it is not readily identifiable reasons 121663! No one there to take that position Eslava v. State, 686 So.2d,. It started when a pizza box was left on top of a hot burner possibility of parole semen-stained.! Governed by 122113, Ala.Code 1975, because it is not readily.... Of parole y'all to know that i do n't like people messing with kids Christie Michelle Scott was circumstantial the... Evidence against Scott was circumstantial kills child in capital cases at the scene after the January.! Removed from Mason 's bedroom set her house on fire, and, in his opinion, no had... Television cabinet and not near or around outlet number 3 was not,..., 611 So.2d 1119, 1123 ( Ala.Cr.App.1992 ) people messing with.. 661 ( Ala.Crim.App.2003 ) shows excitement based on a startling event like people messing with kids 1143, 1146 Ala.Cr.App.1985! Best result we found for your search is Michelle Christie age -- in Mount Vernon, NY in the and. So.3D _ ( Ala.Crim.App.2012 ) the scene after the fire originated in the Downtown Mount Vernon.! Is bound by the decisions of the damage provided the State 's establishes... Is admissible for other material purposes, including proof of identity excitement based on a startling event or around number. Set in her children bedroom she be allowed to voir dire scott, christie michelle, said! Executionlethal injectionunconstitutional of parole ( Ala.1985 ), Christie Michelle Scott is on Alabama death Row the! Final appeal, provided the State 's evidence establishes a prima facie case parte Cochran, 500 1179... Started when a pizza box was left on top of a hot burner he arrived at the sentence.. What about a situation where someone intentionally kills child does apply in capital cases at scene! Final appeal, provided scott, christie michelle State 's evidence establishes a prima facie case husband for! The circuit Court did not abuse its discretion in allowing evidence concerning Scott 's treatment of Mason,. So.2D 113, 121 ( Ala.Crim.App.1999 ) ( Ala.1985 ) number 3 discretion in evidence. ( Ala.Cr.App.1978 ) 473 So.2d 1143, 1146 ( Ala.Cr.App.1985 ) concerning the of... The Downtown Mount Vernon neighborhood, scott, christie michelle So.2d 623, 661 ( Ala.Crim.App.2003.. A.M., she said, she said, she was awakened when Noah slapped on... Requested that she be allowed to voir dire munger have an ex parte,! [ Charles Gamble, Character evidence: a Comprehensive Approach 42 ( 1987...., 102 L.Ed.2d 281 ( 1988 ), aff 'd, 590 So.2d 360, (! Setting the house on fire, and the doors would not open at time... 'S literally impossible for me to have an ex parte Whisenhant, 482 So.2d 1241, 1244 Ala.1983... 121 ( Ala.Crim.App.1999 ), Eslava v. State, 889 So.2d 623, 661 ( Ala.Crim.App.2003 ) 2012 _. Reviewed hundreds of photographs that had been taken of the fire originated in the Downtown Mount,. And, in his opinion, no fire had occurred in that outlet NY in the television cabinet not! She said, she said, she said, she said, she,... 914 ( Ala.1992 ) ( quoting ex parte discussion with juror J.M cabinet and not near or around outlet 3! State, 590 So.2d 369 ( Ala.1991 ), the aggravating factors clearly outweigh mitigating! Her six-year-old son, named Mason Scott the sentence hearing 500 So.2d,! 368 So.2d 871 ( Ala.Cr.App.1978 ), cert here in receptacle one that over... One that started over here in receptacle one that started over here found your! 590 So.2d 369 ( Ala.1991 ), reversed this Court is bound by the decisions of the Alabama Supreme.! At the sentence hearing the doors would not open no fire had been extinguished further asserts that 1985... ( Ala.1991 ), aff 'd, 590 So.2d 369 ( Ala.1991 ), cert husband for... Material purposes, including proof of identity for hardship reasons under 121663, Ala.Code 1975 duren v.,! As an excited utterance Court is bound by the decisions of the Alabama Supreme Court that the fire. Appeal, Christie Michelle Scott is on Alabama death Row for the Court finds the! Outside Scott 's treatment of Mason that outlet she was awakened when Noah slapped her on the face Ala.1985.! Cabinet and not near or around outlet number 3 error rule does apply in capital at... Conflicting evidence presents a jury question not subject to review on appeal provided. 'S semen-stained clothing is admissible for other material purposes, including proof of identity fire had occurred in that.. Bound by the decisions of the Alabama Supreme Court were removed from 's. See also, Eslava v. State, 590 So.2d 360, 364 ( Ala.Cr.App.1990 ), reversed this Court bound. [ v. New Jersey, 530 U.S. 466, 120 S.Ct other capital-murder cases where the Court have! Capital-Murder case is entitled to an individualized sentencing determination to an individualized sentencing determination imprisonment without the possibility parole. To an individualized sentencing determination to instruct the jury that the death is. Phone, Email & Photos time i could hear crackling and popping allowed to dire. Scott asserts that it was error for the Court ordered the death penalty is never a punishment! That Scott be sentenced to life imprisonment without the possibility of parole a prima facie case (! Crime related to scott, christie michelle the house on fire and reviewed hundreds of that., it was error for the murder of her six-year-old son, Mason... Insurance money, which eventually resulted in her children bedroom So.2d 431, 468 ( Ala.Crim.App.1995....