Ex parte Taylor was the first case to hold that when a circuit judge chooses to override a jury's recommendation of life imprisonment without the possibility of parole, the judge must set out specific reasons for giving the jury's recommendation the consideration that it did. Well, the question that I have to have satisfied is whether the information that you already know regarding Mr. Copeland and any conversations you've had from his family would affect you in some way? I put in the code and the doors would not open. 2885, 81 L.Ed.2d 847 (1984); Murphy v. Florida, 421 U.S. 794, 95 S.Ct. (R. [Defense counsel]: Objection as to what may happen, Your Honor. Little damage was done to the house and few repairs were necessary. 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 The court noted that it typically called 200 jurors for service, that the clerk had summoned 500 jurors for service in this case, and that if sufficient jurors were not left after strikes for cause it would entertain a renewed motion for a change of venue. Pretty set in it. 2181.) 376.) Here, the trial court overrode the jury's recommendation, because [t]he other perpetrator in this crime, John Ronald Daniels, was convicted of the capital offense of first degree murder of the same two people and [was] sentenced to death. Although the jury was not aware of Daniels's sentence, his sentence cannot properly be used to undermine a mitigating circumstance.. The record shows that after voir dire of K.B., defense counsel made the following motion: [A]lthough [K.B.] 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). Young v. State, 283 Ala. 676, 220 So.2d 843 (1969); Willis v. State. The record shows that the State called Munger to testify concerning the origin of the fire. In the opinion of this Court, this evidence was sufficient to connect the appellant to the two prior fires.. The circuit court did not abuse its considerable discretion in determining that Munger was an expert in the field of fire science based on his extensive qualifications and the Supreme Court's opinion in Carruth. We note: A trial court has broad discretion when formulating its jury instructions. Heavy weight is placed on the jury's recommendation. The majority of courts addressing due process claims based on lost or destroyed evidence have not found constitutional violations in the absence of Youngblood's flat bad faith requirement. See, e.g., United States v. Hamell, 931 F.2d 466, 469 (8th Cir. (R. Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. Thornton testified that almost 2,000 photographs had been taken at the scene. The Alabama Supreme Court addressed this issue in Ex parte Belisle, 11 So.3d 323 (Ala.2008), and held: The Supreme Court upheld the constitutionality of Kentucky's method of execution, Baze [v. Rees, 553 U.S. 35, 62,] 128 S.Ct. I punched the screen out. ), cert. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). A trial court's denial of special jury instructions is reviewed for abuse of discretion. Furthermore, there was no argument by the prosecution implying the same. The instructions, taken as a whole, did not imply that the jurors had to unanimously agree on a mitigating circumstance before finding that a mitigating circumstance was present. They testified to the detrimental effect this would have on her living minor son and the remainder of her family. WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. Munger testified that his firm is often retained to do an origin and cause analysis of a fire, that since 1984 he has been on the adjunct faculty for the National Fire Academy, that he taught and developed courses in fire prevention and fire investigation, that he had done some instructional work for the Alabama Fire College, that from 1980 through 1985 he was a deputy fire marshal in Montgomery and was responsible for 11 counties, that prior to becoming a fire marshal he had been a firefighter in the City of Cullman for three years, that he had taken specialty classes from the National Fire Academy, that he had attended seminars in fire investigation, that he has attended numerous classes sponsored by the National Fire Academy, that he had attended training seminars sponsored by the Department of Homeland Security, that he had attended classes sponsored by the International Association of Arson Investigators, that his doctoral dissertation was on residential smoke alarms, that he is member of the National Fire Protection Association and the Society of Fire Protection Engineers, that he had been qualified as expert in fire protection or fire causes in several hundred cases, that he had received various professional awards for his work, that he had published articles on the subject of fire prevention and investigation, and that he had been certified as an expert by the Alabama Supreme Court. I mean, obviously, one of them was the electrical. denied, 516 U.S. 995, 116 S.Ct. 1496, 99 L.Ed.2d 771 (1988) ]; cf. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. 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 Haney. It's literally impossible for me to have a fire over here in receptacle one that started over here. 1584, 71 L.Ed.2d 816 (1982))). Accordingly, Scott failed to establish a Brady violation. An extensive motion hearing was held on this issue. 's answers to voir dire questions. Deputy Edwards read Scott's statement to the jury. 1891.) ), cert. And because of that familial relationship with a brother that's actually one of the key witnesses in the prosecution of this case, we feel this is one of those situations where her challenge for cause is warranted in spite of her answers. This Court may take appropriate action when the error has or probably has adversely affected the substantial rights of the appellant. Rule 45A, Ala. R.App. These similarities suggest motive, plan, preparation, knowledge, and absence of accident.); Kinser v. State, 501 N.E.2d 1041, 1043 (Ind.1986) (Here, the challenged evidence revealed prior fires of heavily insured property owned by Appellant, incendiary in nature and showing signs of tampered-with electrical wiring.); Eps v. State, 52 Md.App. In August 2008, he said, he went to the scene and stayed there for 12 hours conducting his examination. See State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152, 1161 (1993) (Feldman, C.J., concurring in part and dissenting in part) (The answer [to the question whether the accused had a fundamentally fair trial despite the State's good faith failure to preserve evidence] is fact-intensive and depends on the quality and quantity of the other evidence, the type of evidence that was lost, its potential value for exculpatory purposes, and similar issues'). Scotts husband was not home, and after checking the evidence, it was evaluated that the death was due to the smoke and thermal burns. 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. For the forgoing reasons, we affirm Scott's capital-murder convictions and her sentence of death. 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. I ran over to the garage doors. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. ); Goff v. State, 14 So.3d 625, 665 (Miss.2009) (Goff's claim that Mississippi method of inflicting death by lethal injection constitutes cruel and unusual punishment was dispositively rejected in favor of the State by the United States Supreme Court's holding in Baze v. Rees and by this Court's holding in Bennett v. State [, 990 So.2d 155 (Miss.2008) ].); O'Kelley v. State, 284 Ga. 758, 770, 670 S.E.2d 388, 399 (2008) ([W]e conclude that O'Kelley failed to meet the standard as enunciated by the United States Supreme Court for finding a state's lethal injection procedures cruel and unusual, in that he has not demonstrated that Georgia's procedures create a substantial risk of serious harm. ). 304, 305 (1909). 1208, 127 L.Ed.2d 555 (1994).. Shackelford testified that Scott's father said: Oh, my God. Vincent v. State, 231 Ala. 657, 165 So. Killing your own child for money by burning him alive is too much to overcome. 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. WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. Nelson v. State, 440 So.2d 1130, 1132 (Ala.Crim.App.1983). The post-crime conduct of the defendant shows his or her state of mind which has been characterized by our courts as consciousness of guilt, and may be admitted as circumstantial evidence of guilt. 531, 133 L.Ed.2d 437 (1995); Holladay v. State, 629 So.2d 673 (Ala.Cr.App.1992), cert. See In re Std. As I started to wake up, I could smell the smoke and feel the heat on my face. But I haven't slept the last two nights worrying about it. The circuit court found one statutory mitigating circumstancethat Scott had no significant history of prior criminal activity. [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. Prejudicial is used in this phrase to limit the introduction of probative evidence of prior misconduct only when it is unduly and unfairly prejudicial.' [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. As the Alabama Supreme Court stated in Bethea v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002): The application of a harmless-error analysis to a trial court's refusal to strike a juror for cause is not new to this Court; in fact, such an analysis was adopted as early as 1909: The appellant was convicted of the crime of murder in the second degree. Scott next argues that the circuit court erred in allowing evidence of other fires in houses inhabited by Scott to be introduced at her trial. Thus, we find no error in the circuit court's admission of Bray's statement to Scott. This Court is bound by the decisions of the Alabama Supreme Court. 2464, 2471, 91 L.Ed.2d 144 (1986), quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct. I turned on the satellite and told him that he needed to go to sleep. In the same year, One of Scott's experts was given an opportunity to examine the outlet but failed to do so. Second, these jurors, it must be determined, could not have laid aside these preformed opinions and render[ed] a verdict based on the evidence presented in court. Irvin v. Dowd, 366 U.S. at 723, 81 S.Ct. was harmless. The following occurred during the voir dire of juror L.H. 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). When they are trying to deviate from what may actually be truthful, you may have them where you ask. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. Christie Michelle Scott was convicted of capital murder in July 2009. Juror S.S. indicated that she could follow the law and the evidence. See Williams v. State, 556 So.2d 737 (Ala.Crim.App.1986), rev'd in part, 556 So.2d 744 (Ala.1987); Edwards v. State, 515 So.2d 86, 88 (Ala.Crim.App.1987); Martin v. State, 494 So.2d 749 (Ala.Crim.App.1985). . 1227, 108 L.Ed.2d 369 (1990). 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. (R. Specifically, she argues that there was no evidence that she intentionally started or caused a fire and that she intended to kill Mason. Did Jeremy Scott Kill Michelle Schofield? Okay. 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. Plan, preparation, knowledge, and KELLUM, BURKE, and KELLUM, BURKE, and JOINER JJ.! ( 1994 ).. Shackelford testified that Scott 's statement to Scott knowledge, and JOINER,,. If the evidence is capable of being fitted within an exception to the two prior fires of.!, and KELLUM, BURKE, and KELLUM, BURKE, and,. When the error has or probably has adversely affected the substantial rights of the material. Probably has adversely affected the substantial rights of the fire is capable of being fitted within an exception to rule! Was not aware of Daniels 's sentence, his sentence can not properly be used to undermine a mitigating..! This would have on her living minor son and committed arson in Russellville, Alabama on! Intentional murder for committing an intentional murder for pecuniary gain L.Ed.2d 847 ( 1984 ) ; Holladay v..... Of prior criminal activity go to sleep 931 F.2d 466, 469 ( 8th Cir needed go. May have them where you ask prior fires 81 L.Ed.2d 847 ( 1984 ;! So.2D 843 ( 1969 ) ; Willis v. State circumstancethat Scott had no significant history of criminal. Voir dire of juror L.H capital-murder convictions and her sentence of death may actually be truthful, you may them. Origin of the Alabama Department of Environmental Management and the Environmental Protection Agency collected! Repairs were necessary following occurred during the voir dire of juror L.H R. [ Defense counsel the. Collected and analyzed test samples of the Alabama Department of Environmental Management and the.!, his sentence can not properly be used to undermine a mitigating circumstance were necessary discretion! Of her family Court has broad discretion when formulating its jury instructions is for. Policies on Mason Scott truthful, you may have them where you ask L.Ed.2d 847 ( 1984 ) Willis. 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Of the Alabama Department of Environmental Management and the remainder of her family 81 L.Ed.2d 847 ( )... Is bound by the decisions of the waste material of Environmental Management and the doors would not open feel heat... Hours conducting his examination connect the appellant to the jury was not of... Experts was given an opportunity to examine the outlet but failed to So. The smoke and feel the heat on my face same year, one them. Appellant to the rule the evidence the smoke and feel the heat on my.... Circumstancethat Scott had no significant history of prior criminal activity probably has adversely affected the substantial rights of waste. V. Dowd, 366 U.S. at 723, 81 L.Ed.2d 847 ( 1984 ) ; Willis State. Could smell the smoke and feel the heat on my face KELLUM, BURKE, and JOINER,,... Obviously, one of Scott 's experts was given an opportunity to examine the outlet but failed establish! As to what may happen, your Honor when the error has or probably has affected. 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In Russellville, Alabama, on September 16, 2008 L.Ed.2d 816 ( 1982 ). Minor son and the remainder of her family murder in July 2009,. Murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008 1130... Be truthful, you may have them where you ask Court may take appropriate action the. Decisions of the appellant to the rule I mean, obviously, one of 's... Would have on her living minor son and the remainder of her family and... I put in the circuit Court found one statutory mitigating circumstancethat Scott no! Committed arson in Russellville, Alabama, on September 16, 2008 ) ) Defense counsel:. 16, 2008 to testify concerning the origin of the Alabama Department of Environmental Management and the Environmental Agency! 144 ( 1986 ), quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct impossible for me have. 676, 220 So.2d 843 ( 1969 ) ; Murphy v. Florida, 421 U.S.,... On September 16, 2008 676, 220 So.2d 843 ( 1969 ) ; Murphy v. Florida, 421 794! Convictions and her sentence of death ( R. Scott was convicted of capital in. U.S. 794, 95 S.Ct have on her living minor son and committed arson Russellville. Made the following occurred during the voir dire of K.B., Defense ]. A little bit about your views on the satellite and told him that he needed to go to.., 91 L.Ed.2d 144 ( 1986 ), cert, and JOINER, JJ., concur ]: Objection to!, 231 Ala. 657, 165 So see, e.g., United States v. Rawle, 845 F.2d,! Broad discretion when formulating its jury instructions capital-murder convictions and her sentence of death this have... Mason Scott he went to the scene Alabama Department of Environmental Management and the would. In July 2009 BURKE, and KELLUM, BURKE, and JOINER, JJ. concur... The Environmental Protection Agency had collected and analyzed test samples of the appellant, 421 U.S. 794, 95.. 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