[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. The State asserted that the statement was an excited utterance; therefore, it argued, it was an exception to the hearsay rule. 373, 46 L.Ed.2d 288 (1975). Contact info: scott.christie@osbe.idaho.gov Find more info on AllPeople about Scott Christie and Idaho State Board of Education, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with 's daughter worked at the hair salon used by the Scott family, because A.K. What do you think about that? Even with the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. The Court would not use residual doubt in its consideration, but that being stated, this Court has no residual doubt as to [Scott's] guilt. 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. Scott does not argue that Alabama's method of execution is unconstitutional because it is cruel and unusual. In the present case, seven made such a recommendation, the statutory minimum to allow a life without parole recommendation.. It states 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. In my opinion, there may well be cases in which the defendant is unable to prove that the State acted in bad faith but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair. During voir dire of S.S., the following occurred: [Prosecutor]: Could you if it comes to this point in the trial, sit on the jury venire and during the sentencing phase and listen to the mitigating circumstances and the aggravating circumstances and fairly consider all of the options you have? McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). Alabama has long held that [t]he prosecution may prove former acts of hostility by the accused toward the victim for the purpose of showing motive and malice. Carroll v. State, 370 So.2d 749, 759 (Ala.Crim.App.1979). is the sister of Russellville Fire Cpt. CR081747. She won a Grammy Award for Best Urban/Alternative Performance in 2009 for her song "Be OK" (featuring will.i.am).. She was previously signed to Motown Records, Capitol Records, and Caroline Distribution but was dropped from her label in 2017. WebDr. 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. 504, 580 N.E.2d 130 (1991). denied, 503 U.S. 974, 112 S.Ct. The crucial inquiry is whether the veniremen could follow the court's instructions and obey his oath, notwithstanding his views on capital punishment. McNabb v. State, 887 So.2d 929, 944 (Ala.Crim.App.2001), quoting other cases.. Although we question the applicability of Rule 404(b), Ala. R. And then, of course, she's collected the full insurance proceeds for that house. 2031, 20352036, 44 L.Ed.2d 589 (1975). Ex parte Grayson, 479 So.2d 76, 80 (Ala.1985). Unlike Moreland, the State in the case sub judice never introduced evidence showing directly or by inference that the first fire on November 2, 1981, was the result of criminal activity. 309, 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. Davis v. State, 718 So.2d 1148, 1157 (Ala.Crim.App.1995) (footnote omitted). 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 In the opinion of this Court, this evidence was sufficient to connect the appellant to the two prior fires.. She merely stated that arrangements would have to be made. In her petition, Scott raises 22 issues for review. Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. 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. Dwight Walden, a fire investigator, testified that, in his opinion, the second fire was intentionally set. 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 877, 357 N.E.2d 1320 (1976). Thornton's testimony. Leave a 1364 (D.Ore.1989), affirmed in part and reversed in part, 945 F.2d 1083 (9th Cir.1991) (disapproving district court's use of a test balancing culpability of police, materiality of lost evidence, and prejudice to accused); United States v. Rodriguez, 917 F.2d 1286, 129192 (11th Cir.1990), cert. RUSSELLVILLE, Ala. (AP) -- A Franklin County judge has ordered a death United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). Steve Thornton who was a critical state witness: he testified, in depth, concerning the investigations into the 2006 and the 2008 fires at the Scotts' houses and was the evidence custodian. The weight to be given that mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole, and also upon the strength of the factual basis for such a recommendation in the form of information known to the jury, such as conflicting evidence concerning the identity of the triggerman or a recommendation of leniency by the victim's family; the jury's recommendation may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance. Equally relevant is a consideration of the importance of the missing evidence, the availability of secondary evidence, and the sufficiency of the other evidence presented at trial.. View Full Report. The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. Scott next argues that the circuit court erred in allowing James Munger to be qualified as an expert in fire science. 48182.) Improper victim impact. 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. Scott did not object to this testimony. Von Villas, supra.. Id. She testified that she had seen Scott yell at Mason and handle him firmly. Scott did not object to Franks's testimony. Scott next argues that the circuit court erred in allowing the State to introduce hearsay evidence concerning a statement Scott's father made after he arrived at the scene of the fire in the early morning hours of August 16, 2008. It does not appear that Scott renewed this motion after voir dire examination. 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. Scott was indicted for, and was convicted of, murdering six-year-old Mason during the course of an arson and for pecuniary gain, violations of 13A540(a)(7), (a)(9), and (a)(15), Ala.Code 1975. However, such evidence is admissible for other material purposes, including proof of identity. Scott presented the testimony of more than 20 family members, friends, and clergy members. You don't feel like you could set aside what you've heard and the fact you've workedwhen you say the boy's grandpa, are you talking. The record shows that Scott's sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor. 1 Wigmore, [Evidence ] 173, at 632 [3d ed 1940) ].. Web20172019. According to court documents Scott set fire to her home that would kill her six year old autistic son. Based on our discussion above, we find no evidence that Scott suffered any prejudice as a result of the lost evidence, given that it was not material to Scott's defense. Rule 803(2), Ala. R. denied, 368 So.2d 877 (Ala.1979).. Indeed, our courts have said that time alone is not a determining criterion and that applicability of this exception cannot be decided upon the basis of any specified time or number of minutes between the act and the declaration. (R. The following occurred during his direct examination: [Prosecutor]: [D]id you form an opinion as to whether all accidental nonintentional causes of the fire had been eliminated? Her son was six years old who died because of this fire and thermal burns. Unlike the circumstances presented in Carroll, in this case, the victim and Scott were members of the same family. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. The jury is also asked to view this capital murder with other capital murders and determine whether it is more heinous, atrocious, and cruel than other capital murders. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? See Phillips v. State, 39 So.3d 296, 304 (Fla.), cert. was not subject to a challenge for cause. This Court has stated the following when addressing a Mills claim: The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. The Court will now discuss the jury's recommendation as a mitigating factor. Scott showed no emotion, she said, she did not mention her son the entire time, and Scott and her husband bantered back and forth about the length of his hair. Because that's what caused that bead. [Prosecutor]:and apply the law to the facts as you see them? The State moved that Munger be qualified as an expert. Willis v. State, 447 So.2d 199 (Ala.Cr.App.1983); Thomas v. State. Initially, this Court notes that, [i]f the accused's commission of another crime is otherwise competent and admissible under one of the exceptions to the general exclusionary rule, the state may prove his guilt of the other crime by the same kind of evidenceboth circumstantial and directthat would be admissible if the accused were being tried for the other crime. McElroy's Alabama Evidence, supra, at 69.02(5). Scott next argues that the circuit court encouraged, and in fact, had ex parte communications with the jurors. Dr. Franco testified: That bead tells me that it's on the TV power cord. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. [C.M. Best Match Powered by Whitepages Premium AGE -- Michael R Christie Atlanta, GA (Dunwoody) Aliases Christie Michael View Full Report Addresses Adair Ln, Atlanta, GA More than 70 witnesses testified in the State's case-in-chief. 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. I went back into our room, pushed the door to. indicated that he could follow the law and consider the mitigating evidence. Douglas James Carpenter, a fire-protection engineer, stated that he examined the fire scene and the evidence. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. Thus, the circuit court did not abuse its discretion in denying Scott's motion to strike C.M. Evidence of the 2006 fires at Scott's house was crucial to the State's case to prove the identity of the perpetrator of the 2008 fire and the motive behind the 2008 fire. Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. 1584, 71 L.Ed.2d 816 (1982))). Scott moved that juror C.M. 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. (R. Born Laura Bambrough, the statuesque beauty left her home state of Utah as a teenager to become a model in Paris. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. The State responded that it had only learned in April 2009 that the outlet receptacles were missing and that dismissal of the charges was not the appropriate remedy. Not only did [Scott] commit capital murder making her eligible for the death penalty, but three different elements were proven to make her eligible for the death penalty three different ways.. Count I charged that Scott murdered her son Mason for pecuniary gain; Count II charged that Scott murdered Mason during the course of an arson; and Count III charged that Scott murdered Mason, a child under the age of 14. Indeed, we must give that mitigating circumstance great weight. [The defendant] relies on the presumed prejudice standard announced in Rideau, and applied by the United States Supreme Court in Estes and Sheppard. ]: Certain crimes just make me sick, you know. Scott next argues that the prosecution misled the jury by referring to the jury's verdict in the penalty phase as a recommendation. I went in the room to check on the boys. The Court does consider the impact on her family, particularly her younger son, and gives this circumstance its due weight. at 1764. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. 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. While it was error to refuse to allow the defendant to challenge the juror C.S. 1227, 108 L.Ed.2d 369 (1990). I feel that I don't like people messing with kids. Based upon the unique facts and circumstances here presented, the trial court, by denying five of GM's challenges for cause that should have been granted, substantially impaired GM's right to the use of its peremptory challenges in selecting a jury. They have also lived in Bronxville, NY. However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. [Prosecutor]: Is that againwhat does that usually infer to you or tell you? It was their opinion that the fire was a closed-cabinet fire because of the high level of carbon monoxide in Mason's blood. Munger said that he visited the scene of the fire and reviewed hundreds of photographs that had been taken of the damage. for cause. I ran over to the garage doors. At the hearing, the State made the following argument: On the 2006 fire, there's two in 2006 that we have an abundance of evidence including people that were there at the fire, we have the fire marshal's office that investigated that fire, we have the origin and cause examiner from the insurance company that he listed the fire as incendiary. 1594, 118 L.Ed.2d 310 (1992).''. I could see flickering that I thought at the time was coming from the laundry room. The prosecutor stated that he struck juror B.H. The evidence tended to show that in the early morning hours of August 16, 2008, a fire was set in the Scott house and that Mason died as a result of the fire. Davidson went to the back of the house to telephone emergency 911 because, she said, the telephone in the front of the house was not working. Thus, if any error occurred, it was invited by defense counsel's actions. 200, 206, 501 S.E.2d 232, 239 (1998) (Formal education or training in an area of expertise is not necessary, provided the witness possesses the qualifications of such area of expertise through skill and experience.); Williams v. State, 239 Ga.App. 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. Now, in exciting news for fashion aficionados, Christies London has announced the upcoming The LWren Scott Collection: a sale entirely dedicated to pieces by the acclaimed designer. (Emphasis added.) Youngblood, 488 U.S. at 5961, 109 S.Ct. 1818.) Scott also testified that she gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. We went to sleep. This holding has been extended to protect white defendants from racial discrimination in jury selection, to prohibit gender-based discrimination, and to prohibit defense counsel from discriminating during jury selection. You were also asked some questions about the death penalty. 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. 2166.) In arson cases, the trier of fact usually draws inferences from circumstantial evidence: [T]here is rarely direct evidence of the actual lighting of a fire by an arsonist; rather, the evidence of arson is usually circumstantial. [C.M. 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. In regard to probable prejudice, we have stated: In the event that probable prejudice is demonstrated, the trial court should determine whether the challenged juror can set aside that prejudice and render a verdict solely on the evidence. This appeal, which is automatic in a case involving the death penalty, followed. In this case there was no one there to take that position. Testimony going to show motive, though motive is not an element of the burden of proof resting on the state, is always admissible.' And that was the reason we struck her.. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? The evidence of another similar crime must not only be relevant, it must also be reasonably necessary to the government's case, and it must be plain, clear, and conclusive, before its probative value will be held to outweigh its potential prejudicial effects. (R. When she got back to the front door, she said, Scott told her that her other son, Mason, was still in the house. Scott's argument is without merit. If you have any special needs whatsoever whether it's medical or anything, let us know. Kelly Bragwell testified that she was related to Scott's husband by marriage. C.M. 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.. ]: Yeah. 1115.) P. While this failure to object does not preclude review in a capital case, it does weigh against any claim of prejudice. Ex parte Kennedy, 472 So.2d 1106, 1111 (Ala.1985). [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. 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. The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. I looked out in the hallway, which was covered in smoke. That smoke blocked his airway, and he was choked to death. The circuit court held a separate sentencing hearing, declined to follow the jury's recommendation, and sentenced Scott to death. In upholding Taylor's death sentence, the Alabama Supreme Court stated: In this case, the trial judge stated that [t]he sentence recommendation of a properly functioning jury is entitled to great respect. He reasoned, however, that [w]hile the jurors in this case were cooperative, harmonious, diligent, and attentive, some jurors' outbursts of emotion after they found the defendant guilty of capital murder indicated that they were overwhelmed by their impending duty to consider the death penalty as required by law. The trial judge then concluded that the crimes proved against Taylor were abominably aggravated and, at best, only faintly mitigated. Thus, the trial judge considered the jury's recommendation, as required by Alabama's death-penalty statute, but permissibly assessed it very little weight, given the particular circumstances of this case. 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