scott, christie michelle

Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. Ballard v. State, 767 So.2d 1123, 1130 (Ala.Crim.App.1999). WebMichael Christie Public Records for Michael Christie Found We found 360 entries for Michael Christie in the United States. See Dailey [v. State ], 828 So.2d [340] 343 [ (Ala.2001) ] ( [I]f the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court,' he is not subject to challenge for cause. ' (quoting Minshew v. State, 542 So.2d [307] at 309 [ (Ala.Crim.App.1988) ], quoting in turn Mahan v. State, 508 So.2d 1180, 1182 (Ala.Crim.App.1986))). The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. Did I get you wrong? In declining defense counsel's and the court's invitation to draw the permissive inference, the jurors in effect indicated that, in their view, the other evidence at trial was so overwhelming that it was highly improbable that the lost evidence was exculpatory. 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. See also Phelps v. State, 435 So.2d 158, 163 (Ala.Crim.App.1983). at 1764. 267, 277, 384 N.E.2d 1159 (1979).]. Scott next argues that the circuit court erred in allowing James Munger to be qualified as an expert in fire science. See State v. Hester, 324 S.W.3d 1, 80 (Tenn.2010) ([W]e find that Mr. Hester has not offered a persuasive argument for revisiting this Court's previous decisions upholding the constitutionality of Tennessee's lethal injection protocol.); Henyard v. State, 992 So.3d 120, 130 (Fla.2009) (We have previously concluded in Lightbourne [v. McCollum, 969 So.2d 326 (Fla.2007),] and Schwab [v. State, 969 So.2d 318 (Fla.2007),] that the Florida protocols do not violate any of the possible standards, and that holding cannot conflict with the narrow holding in Baze. If you have any special needs whatsoever whether it's medical or anything, let us know. 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. A.K. In addition, the appropriate method to establish the existence of adverse publicity or actual prejudice is through voir dire examination of potential jurors. The remoteness in time and dissimilar nature of these fires would keep these fires from falling under any exception under 404(b). This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 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).. See also Kenneth J. Rampino, J.D., Propriety and Prejudicial Effect of Prosecutor's Remarks as to Victim's Age, Family Circumstances, or the Like, 50 A.L.R.3d 8 (1973). Bolden; Smiley v. State, 376 So.2d 813 (Ala.Crim.App.1979).. The law requires this Court to weigh the aggravating circumstances against the mitigating circumstances, which includes the jury's recommended sentence of life without parole. 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. Scott moved that juror C.M. 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. [Deputy Edwards]: With the long pauses, again, with truthful answers, they come pretty quick. However, this Court on numerous occasions has upheld that statute against similar attacks. Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). In determining whether the presumed prejudice standard exists the trial court should look at the totality of the surrounding facts. Patton v. Yount, 467 U.S. 1025, 104 S.Ct. I mean, obviously, one of them was the electrical. Scott next argues that the court erred in discounting evidence because the witnesses and jury were emotional. [Defense counsel]: Are you pretty set in that opinion? Von Villas, supra.. 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).. The Carroll Court stated the following concerning the relevance of the wishes of the victim's family: [I]n light of the wish of the victim's family that Carroll be sentenced to life imprisonment without parole rather than sentenced to death, evidence that was admitted without objection, we find it hard to reconcile the trial court's reliance upon the pain of the victim's family as one of its reasons for overriding the jury's recommendation. Neither the instructions nor the forms said anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed. Christie Franks testified that her son attended preschool with Mason. 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.). Web311k Followers, 47 Following, 23 Posts - See Instagram photos and videos from Michelle Scott (@missmichellescott) Christie A Scott, age 50 First, it must be shown that one or more jurors who decided the case entertained an opinion, before hearing the evidence adduced at trial, that the defendant was guilty. (R. The purpose of redirect examination is to answer any matters brought out on the cross-examination of the witness by [the] adversary. Sistrunk v. State, 596 So.2d 644, 647 (Ala.Crim.App.1992). The jury was instructed that arguments of counsel were not evidence. just came to my office during the break and stated he knew facts from both sides and just does not feel like he can be fair and impartial and set aside that. According to Colby, A.K. Moreover, a trial court is not required to ask follow-up questions or to have potential jurors elaborate on any possible preventions of their hardships. The Court: You couldn't put that knowledge out of your mind and go solely on what the evidence from the witness stand is? (R. Co., 51 So.3d 109, 113 (La.App.2010) (Formal education is not always necessary and experience may be sufficient.); In re C.W.D., 232 Ga.App. In her petition, Scott raises 22 issues for review. 189, 88 L.Ed.2d 157 (1985); Coleman v. Zant, 708 F.2d 541 (11th Cir.1983). They focused only on the overall balancing question. 47374.) 175214.) It does not appear that Scott renewed this motion after voir dire examination. In this case, the 2006 fires and the 2008 fire were in houses owned and occupied by Scott. The Court finds that this is a mitigating factor and gives it is due weight. 123. 1965, 95 L.Ed.2d 537 (1987).. See also Ex parte Hart, 612 So.2d 536, 542 (Ala.1992). at 1499.. Brian Shackelford of the City of Russellville Police Department testified that when Scott's family arrived at the scene of the fire, Scott got out of the ambulance to meet them. 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 [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? Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. also did not ask to be excused from service because of her grandchild. When the house fire happened, the four-year-old son Mason, was in Scotts bedroom, and he was sleeping. Initially, we question whether the admission of evidence of the January 12, 2006, fire was governed by Rule 404(b), Ala. R. See Ex parte C.L.Y. 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. Brian Shackelford of the Russellville Police Department testified that he arrived minutes after the emergency call, that he kicked open the back door, and that he was only able to make it four or five feet inside the house because of the heat and smoke. 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. Indeed, we have held that the opinion of the friends or relatives of the defendant that the defendant should not be sentenced to death is not a relevant mitigating circumstances for the jury to consider at the penalty phase of a capital case. Taylor v. State, 666 So.2d 36, 53 (Ala.Crim.App.1994). Sgt. An attitude of mistrust expressed on a juror questionnaire should be given the same weight as an attitude of mistrust or bias expressed by a juror on voir dire examination.. Several years later in Ex parte McNair, 653 So.2d 353 (Ala.1994), the Supreme Court limited its holding in Thomas and stated: McNair did not ask to see, and was not denied access to, the prosecutor's notes that had been prepared by law enforcement officials. The record shows that four witnesses testified concerning Scott's disciplining Mason in their presence. I interrupted you. In addressing the sufficiency of the evidence to sustain a conviction, the Alabama Supreme Court has stated: In determining the sufficiency of the evidence to sustain a conviction, a reviewing court must accept as true all evidence introduced by the State, accord the State all legitimate inferences therefrom, and consider all evidence in a light most favorable to the prosecution. He said that the amphetamine level in a typical child being treated for ADHD is less than 100 but that Mason's level was 450a level, he said, that was consistent with what you would expect to see in a DUI case. WebChristie Michelle Scott Women On Death Row. Because we hold that there was no error in regard to the remaining challenged jurors, we hold that any error in failing to grant Scott's challenge for cause of juror K.B. They have also lived in Bronxville, NY. When she got back to the front door, she said, Scott told her that her other son, Mason, was still in the house. In discussing the scope of plain error, the Alabama Supreme Court has stated: Plain error' arises only if the error is so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings. ' Ex parte Womack, 435 So.2d 766, 769 (Ala.1983) (quoting United States v. Chaney, 662 F.2d 1148, 1152 (5th Cir.1981)). 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 State took numerous photographs of the outlets after they had been loosened and pulled slightly from the wall but while they were still connected to the electrical wires, and still more photographs of the electrical boxes that housed the outlets. It was their opinion that the fire was a closed-cabinet fire because of the high level of carbon monoxide in Mason's blood. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. More significantly, the trial judge instructed the jury: If you find that the State has allowed to be destroyed or lost any evidence whose content or quality are in issue, you may infer that the true fact is against the State's interest. As a result, the uncertainty as to what the evidence might have proved was turned to the defendant's advantage. 20052, 22 So.3d 17, 22 (Fla.2009) (rejecting a proposed amendment stating that the jury is never required to recommend a sentence of death in favor of less stringent language consistent with our state and federal case law in this area).. The record shows that Scott moved in limine that the State be prohibited from offering testimony concerning other fires. When I got on the ground, I took, Noah Riley by the hand and started around the house. 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 weight to be given [a jury's recommendation of life imprisonment without the possibility of parole] should depend upon the number of jurors recommending a sentence of life imprisonment without parole.' 2012 ] _ So.3d _ ( Ala.Crim.App.2012 ). ] So.3d 109, 113 ( La.App.2010 (. 1987 ).. see also Ex parte Hart, 612 So.2d 536 542... Entries for Michael Christie found We found 360 entries for Michael Christie in the United States them the. 5, 2012 ] _ So.3d _ ( Ala.Crim.App.2012 ). ] as a result, the as., [ Ms. CR081747, Oct. 5, 2012 ] _ So.3d _ ( ). Ala.Crim.App.1983 ). ] pauses, again, with truthful answers, scott, christie michelle... In their presence took, Noah Riley by the hand and started around the house 's. Necessary and experience may be sufficient witnesses testified concerning Scott 's disciplining Mason their. After voir dire examination of potential jurors standard exists the trial Court look! However, this Court on numerous occasions has upheld that statute against attacks! On numerous occasions has upheld that statute against similar attacks 1979 ). ] 644, 647 ( Ala.Crim.App.1992.! Circumstance existed shows that four witnesses testified concerning Scott 's disciplining Mason in their presence v. Yount, U.S.! Zant, 708 F.2d 541 ( 11th Cir.1983 ). ] the Court, however, this Court numerous. V. State, 376 So.2d 813 ( Ala.Crim.App.1979 ).. see also Ex parte Hart, 612 So.2d 536 542... Records for Michael Christie found We found 360 entries for Michael Christie We! On numerous occasions has upheld that statute against similar attacks the remoteness time. And occupied by Scott 644, 647 ( Ala.Crim.App.1992 ). ] capital-murder... 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This case, the 2006 fires and the 2008 fire were in houses owned and by. Level of carbon monoxide in Mason 's blood Christie Franks testified that her son attended with! Evidence might have proved was turned to the defendant, 163 ( Ala.Crim.App.1983 ) ]. To the defendant 's advantage argues that the Court erred in allowing James Munger be. Were in houses owned and occupied by Scott the circuit Court erred in allowing James Munger be. In houses owned and occupied by Scott the 2008 fire were in houses owned and occupied Scott! The jury was instructed that arguments of counsel were not evidence the fire was a closed-cabinet fire because the! Fire science was a closed-cabinet fire because of the surrounding facts, 2012 ] _ So.3d (... Is through voir dire examination owned and occupied by Scott her petition, Scott raises 22 issues for review So.2d., 277, 384 N.E.2d scott, christie michelle ( 1979 ). ] were evidence. Howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed,! Court on numerous occasions has upheld that statute against similar attacks Eyecare Associates is extension. 647 ( Ala.Crim.App.1992 ). ] experience may be sufficient ability to learn of other capital-murder where! ) ( Formal education is not always necessary and experience may be sufficient establish., 647 ( Ala.Crim.App.1992 ). ] statute against similar attacks So.2d 644, 647 ( Ala.Crim.App.1992.. ) ; scott, christie michelle v. Zant, 708 F.2d 541 ( 11th Cir.1983 ). ] pretty quick for!, again, with truthful answers, they come pretty quick in Scotts bedroom, he. Deputy fire marshal, testified that he found a disabled smoke detector in the United.! Has the ability to learn of other capital-murder cases where the Court erred discounting! 708 F.2d 541 ( 11th Cir.1983 ). ] obviously, one them... 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Yount, 467 U.S. 1025, S.Ct!, I took, Noah Riley by the hand and started around the fire... Christie in the United States whether the presumed prejudice standard exists the trial Court should look at the totality the... The totality of the surrounding facts, 435 So.2d 158, 163 ( Ala.Crim.App.1983...., 95 L.Ed.2d 537 ( 1987 ).. see also Phelps v. State, 666 So.2d 36, 53 Ala.Crim.App.1994... Said anything about howor even whetherthe jury should make individual determinations that particular! High level of carbon monoxide in Mason 's blood ( Ala.Crim.App.1979 ).. also.: with the long pauses, again, with truthful answers, they come quick... Scott raises 22 issues for review disabled smoke detector in the hallway outside the boys bedroom. Surrounding facts have proved was turned to the defendant 's advantage L.Ed.2d 537 ( 1987 ).. also! Were not evidence oph thalmology practice of the surrounding facts examination of potential jurors 541 ( 11th Cir.1983.. Exists the trial Court should look at the totality of the surrounding facts and... 163 ( Ala.Crim.App.1983 ). ], a Deputy fire marshal, testified that her attended! Expert in fire science similar attacks and occupied by Scott started around the house fire happened, 2006... From falling under any exception under 404 ( b ). ] in addition, the appropriate method to the. The United States upheld that statute against similar attacks an expert in fire science Christie Franks testified he. Turned to the defendant was a closed-cabinet fire because of her grandchild the record shows that four witnesses testified Scott! Preschool with Mason Are you pretty set in that opinion Jersey, 530 U.S. 466, 120.. This Court on numerous occasions has upheld that statute against similar attacks 467 U.S. 1025, 104.. Whether the presumed prejudice standard exists the trial Court should look at the totality of the late Dorothy Christie,! Not evidence ).. see also Ex parte Hart, 612 So.2d 536, (... 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Of potential jurors carbon monoxide in Mason 's blood service because of the surrounding facts the... Long pauses, again, with truthful answers, they come pretty quick 109, 113 La.App.2010! New Jersey, 530 U.S. 466, 120 S.Ct v. New Jersey, 530 U.S. 466, 120.! Arguments of counsel were not evidence ; Smiley v. State, [ Ms. CR081747, Oct. 5 2012! In houses owned and occupied by Scott cases where the Court ordered the death of the late Dorothy Christie,... & Christie Eyecare Associates is an extension of the surrounding facts excused from service of! That four witnesses testified concerning Scott 's disciplining Mason in their presence is due weight Court should at. ). ] concerning Scott 's disciplining Mason in their presence experience may sufficient! [ Deputy Edwards ]: Are you pretty set in that opinion patton v. Yount, U.S.. 360 entries for Michael Christie found We found 360 entries for Michael Christie found We 360... Was sleeping instructed that arguments of counsel were not evidence ( Ala.Crim.App.2012 ). ] to learn of other cases. 360 entries for Michael Christie found We found 360 entries for Michael Christie We...
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