scott, christie michelle
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. Declining to accept the State's invitation to adopt a single bright line test, the Hammond court held: When evidence has not been preserved, the conduct of the State's agents is a relevant consideration, but it is not determinative. for cause. 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.. The TV was off and Noah Riley was still awake. 125.). WebView the profiles of people named Christie Michelle. Outlet number 3 was located between Noah's bed and the window but had been misidentified as coming from another room in the house. 1514.) Of course, prejudice, in this context, means more than simply damage to the opponent's cause. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. In examining witnesses and in her summation, defense counsel impressed upon the jury the fact that the State failed to preserve the evidence and that the State could have conducted tests that might well have exonerated the defendant. 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 the Brady context, evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Barber v. State, 952 So.2d 393, 429 (Ala.Crim.App.2005), quoting in part United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. David Swindall, a claims supervisor with Farmer's Insurance, testified that after the August 2008 fire his company settled with the Scotts on their homeowner's policy and paid them $188,000 for the dwelling, $60,000 for its contents, and $5,500 for living expenses. ], Furthermore, testimony offered for the purpose of showing motive is always admissible. Woodall v. Commonwealth, 63 S.W.3d 104, 12021 (Ky.2001). The evidence was testified from the Forensic Alabama Department. I feel that I don't like people messing with kids. 1194, 10 L.Ed.2d 215 (1963). When the evidence raises questions of fact for the jury and such evidence, if believed, is sufficient to sustain a conviction, the denial of a motion for a judgment of acquittal by the trial court does not constitute error. 2885, 81 L.Ed.2d 847 (1984); Murphy v. Florida, 421 U.S. 794, 95 S.Ct. When Yarborough tried to calm Scott down, Yarborough testified, Scott said to him You don't understand. Did Jeremy Scott Kill Michelle Schofield? 2031, 20352036, 44 L.Ed.2d 589 (1975). Ex parte Grayson, 479 So.2d 76, 80 (Ala.1985). She said that they joked and bantered about how long Jeremy's hair had gotten but did not mention Mason's name at any time during the 20minute appointment. The jury does this without having specific knowledge of any other capital-murder cases. Gunn v. State, 387 So.2d 280 (Ala.Cr.App. 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? Accordingly, Scott failed to establish a Brady violation. The circuit court's order was consistent with the provisions of 13A547(e), Ala.Code 1975, and with our holding in Harris v. State, 2 So.3d 880 (Ala.Crim.App.2008). Presumably, such jurors would have been struck by GM through the exercise of its peremptory challenges had the full arsenal of such challenges been available against jurors who remained after correct rulings on the challenges for cause. Collateral-act evidence is admissible to prove identity only when the identity of the person who committed the charged offense is in issue and the charged offense is committed in a novel or peculiar manner. Heather McCalpin, who was married to one of Scott's cousins, testified that at the funeral Scott held her daughter and said: Noah's always wanted a baby sister, maybe he can get one now . (R. Von Villas, supra.. The greater the amount of insurance, the greater [the defendant's] motive for killing [the victim]. State v. Clay, 115 Wis.2d 697, 341 N.W.2d 417 (1983). C.L.M., Jr. v. State, 531 So.2d 699 (Ala.Crim.App.1988). The record shows that Scott moved to dismiss the charges at various times throughout the course of the trial. I rolled off the bed and covered Noah Riley and told him to be still. Counsel for petitioner challenged the venireman for cause, stating, He is the brother of perhaps the most material witness in the entire case. The trial judge denied the challenge. 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))). Dr. Franco testified that he took 425 photographs at the scene because he knew that his work would be reviewed by other electrical engineers. Thus, if any error occurred, it was invited by defense counsel's actions. 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. However, when detailing the aggravating circumstances in its sentencing order, the circuit court correctly found the existence of two aggravating circumstances: that the murder was committed for pecuniary gain and that the murder was especially heinous, atrocious, or cruel when compared to other capital murders. ]: I mean, without crying and carrying on. 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. Under the identity exception to the general exclusionary rule prohibiting the admission of other or collateral crimes as substantive evidence of the guilt of the accused, the prior crime is not relevant to prove identity unless both that and the now-charged crime are signature crimes having the accused's mark and the peculiarly distinctive modus operandi so that they may be said to be the work of the same person. Bighames v. State, 440 So.2d 1231, 1233 (Ala.Crim.App.1983) (emphasis added). It started when a pizza box was left on top of a hot burner. Specifically, Scott challenges the third paragraph emphasized in the circuit court's sentencing order. 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. 2654.) The circuit court found as aggravating circumstances that the murder was committed for pecuniary gain, 13A549(6), Ala.Code 1975, and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders, 13A549(8), Ala.Code 1975. [T]he crime of arson is, by its very nature, secretive and usually incapable of direct proof. People v. Smith, 253 Ill.App.3d 443, 449, 191 Ill.Dec. The following occurred during the voir dire of juror L.H. M.W. [2428,] 2443, 153 L.Ed.2d 556 [ (2002) ]. (R. This fire was ruled an accident. 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. 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. He's never going to play ball again. 1496, 99 L.Ed.2d 771 (1988) ] had held that a trial court need not make a preliminary finding that the government proved the existence of the similar act by the defendant before submitting the similar acts evidence to the jury. If a juror knows a witness or witnesses but states that he can follow the trial judge's instructions and can follow the law, that juror is not automatically subject to removal for cause. State v. Campbell, 359 N.C. 644, 702, 617 S.E.2d 1, 36 (2005). We have a lot of details to those fires that we think would definitely establish a similar type of plan as [the prosecutor] already discussed to burn down houses to get insurance proceeds. Ex parte Colby, 41 So.3d 1, 5 (Ala.2009). After several appeals, the case is still the same, and she is still on death row. denied, 493 U.S. 970, 110 S.Ct. During closing argument, the prosecutor, as well as defense counsel, has a right to present his impressions from the evidence, if reasonable, and may argue every legitimate inference. Reeves v. State, 807 So.2d 18, 45 (Ala.Crim.App.2000). Scott gave the following account of the events of August 16: I went back to watch TV. : [Defense counsel]: And are you telling us that you don't think you would be able to sit and hear this case? WebDr. One outlet, he said, the outlet that was behind Mason's bed could not be located; however, numerous photographs of this outlet had been made. Cpt. 720, 79 L.Ed.2d 182 (1984); Johnson v. State, 378 So.2d 1164 (Ala.Cr.App. The court stated: Prejudice is presumed from pretrial publicity when pretrial publicity is sufficiently prejudicial and inflammatory and the prejudicial pretrial publicity saturated the community where the trials were held. 778 F.2d at 1490 (emphasis added). Davis v. State, 598 So.2d 1054 (Ala.Crim.App.1992). 13A545(e), Ala.Code 1975.. and M.W. Don't call Jeremy. It says, I have to have electricity present when that occurred. 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. See Dixon v. Hardey, 591 So.2d 3 (Ala.1991); Knop v. McCain, 561 So.2d 229 (Ala.1989); Ex parte Rutledge, 523 So.2d 1118 (Ala.1988); Ex parte Beam, 512 So.2d 723 (Ala.1987); Uptain v. State, 534 So.2d 686, 688 (Ala.Crim.App.1988) (quoting Swain and citing Beam and Rutledge ); Mason v. State 536 So.2d 127, 129 (Ala.Crim.App.1988) (quoting Uptain ). As with the state of mind of a juror, evaluation of the prosecutor's state of mind based on demeanor and credibility lie peculiarly within a trial judge's province. Wainwright v. Witt, 469 U.S. 412, 428, 105 S.Ct. The trial court erred in denying GM's challenges for cause as to the five veniremembers related to attorneys in this case.. CasesReport No. ]: Because I worked with the boy's grandpa for a while, and I have, you know, been told what they found in thewhat that boy burned in. Scott also testified that she gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing. See also Ex parte Hart, 612 So.2d 536, 542 (Ala.1992). Cross-Function alignment between sales, marketing & product Onboarding design to reduce ramp time, increase deal velocity, up AOV, increase retention Experienced in coaching/training/mentoring AE's/BDR/Sales Directors/CROs
Deal Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. See Smith v. State, 590 So.2d 388 (Ala.Crim.App.1991), citing Ex parte Lynn, 543 So.2d 709 (Ala.1988), cert. 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.. Noah was still up and she had him come to bed with her. Specifically, Scott challenges the following portion of the court's order: The jury found [Scott] guilty of three counts of capital murder. It was his opinion that the fire originated in the television cabinet. So I told Brian [Copeland] the code, and Brian pushed in the code and it wouldn't open. Scott relies on the Alabama Supreme Court's decision in Ex parte Gingo to support her argument. When she got back to the front door, she said, Scott told her that her other son, Mason, was still in the house. Great confidence is placed in our trial judges in the selection of juries. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. 877, 357 N.E.2d 1320 (1976). Scott next asserts that the circuit court should have removed juror S.S. for cause based on her views toward the death penalty and because she knew State witness Brian Copeland. The record shows that four witnesses testified concerning Scott's disciplining Mason in their presence. The circuit court denied the motion based on K.B. Scott first argues that the circuit court erred in denying her motion to remove juror K.B. 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. First, Scott argues that evidence of the two 2006 fires was not admissible because, she says, the State failed to establish sufficient evidence of Scott's connection to the fires. [Deputy Edwards]: I'm sorry, could you repeat it one more time? 1507, 16 L.Ed.2d 600 (1966). Based on the facts presented in this case, we find that evidence of the 2006 fires was admissible under the identity and common-plan exception to the general exclusionary rule. If the accused was convicted for the former misconduct then, of course, the record of the conviction will generally suffice. This appeal followed. 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. 183, 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600, 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. Id. The email address cannot be subscribed. Not only did [Scott] commit the 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. Christie Michelle is on the death penalty because of the murder of her child as evaluated by the court. I'll give you leave if you can find any one charge from a case that deals with something that's not intentional, I'll consider giving it. Residual doubt is not a factor that should be used in the sentencing portion of the case; however, the jury may have considered this. The circuit court's order sentencing Scott to death, states, in part: The final non-statutory mitigating factor is the jury's recommendation of life without parole. (R. 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.. However, the inquiry does not end there. Jeremy and Christie Scott were the beneficiaries of the policies, Robinson said. Following Youngblood, this court decided State v. Gingo, 605 So.2d 1233 (Ala.Cr.App.1991). at 1537. A separate sentencing hearing was held. The test for determining whether a strike rises to the level of a challenge for cause is whether a juror can set aside their opinions and try the case fairly and impartially, according to the law and the evidence. Marshall v. State, 598 So.2d 14, 16 (Ala.Cr.App.1991). (R. Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that on the day of Mason's death, Christie and Jeremy came to the shop for Jeremy's scheduled appointment. WebMichelle Scott-Christ Chief Financial Officer - SRWP Bellevue, Iowa, United States 985 followers 500+ connections Join to follow Starved Rock Wood Products University of See also Ex parte Woodall, 730 So.2d 652 (Ala.1998). And keep in mind, there aren't any right or wrong answers here. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). 2175.) 1128.) ), cert. Can you do that? 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. because of a family emergency. for cause. The States's case was based on circumstantial evidence. Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. 11 So.3d at 339. Later I remembered the light in my bathroom was off when I woke up.. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. Ex parte Taylor, 666 So.2d 73, 82 (Ala.1995). And it may be a question that we have to come in here and put on the record with everyone present, but you can ask that question. See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. In discussing the Supreme Court's decision in Gingo, this Court in Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), stated: In Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. (R. And that is one of the reasons she was indicted in this case. After reviewing the record in its entirety, as well as the context in which the allegedly inappropriate comments were made, we find that there is no reasonable possibility that the jury was misled, misinformed, or confused as to its critical role in sentencing under Alabama law. Price [v. State, 725 So.2d 1003, 1027 (Ala.Crim.App.1997) ], quoting Taylor v. State, 666 So.2d 36, 51 (Ala.Cr.App.1994). While the trial court's sentencing order is defective, the errors are not so egregious or substantial as to require a new sentencing order. I'm leaving. (R. The Court: Are you talking about the deceased child's grandpa? See also Holladay v. State, 549 So.2d 122, 125 (Ala.Cr.App.1988), affirmed, 549 So.2d 135 (Ala.), cert. Nobis v. State, 401 So.2d 191 (Ala.Crim.App. Christie Michelle SCOTT v. STATE of Alabama. Some courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. And for what (inaudible) I've heard so much. Dr. Raphael Franco, an electrical engineer, testified that he was contacted by an Alcohol, Tobacco, and Firearms agent to evaluate whether the fire was electrical in origin. 1860, 100 L.Ed.2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. 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. These statements were inconsistent with Scott's account of the events on August 16, 2008. Dr. Franco further testified that if a fire had started in outlet number 1, you would expect to see bare copper wire and melted insulation, which was not present in that receptacle. 967, 122 L.Ed.2d 123 (1993), reversed this Court's decision. answered few questions. A review of the evidence at Scott's trial is essential when examining this issue: Cpt. In this case, the jury has already performed this calculus based on its understanding of the evidence introduced at trial. [E]vidence of a prior crime is admissible only when the circumstances surrounding the prior crime and those surrounding the presently charged crime exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by the same person. Ex parte Arthur, 472 So.2d at 668 (quoting Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983)). When the State's expert came to the scene, the outlet was retrieved and placed in its original location. Simmons v. State, 797 So.2d 1134, 1162 (Ala.Crim.App.1999). See also United States v. Terebecki, 692 F.2d 1345, 1348 n. 2 (11th Cir.1982). Scott did not object to McKinney's testimony. Although motive is not an element of the offense, and is not a matter that must be proven by the state nor a fact to be submitted to the jury for their determination, where the evidence against the accused is entirely circumstantial, its presence or absence is of great significance in determining the sufficiency of the evidence. 6A C.J.S. Cpt. WebChrisette Michele Payne (born December 8, 1982) is an American R&B and soul singer. This Court is bound by the decisions of the Alabama Supreme Court. That is a powerful statement. The circuit court committed no error in denying Scott's motion to remove juror L.H. Improper victim impact. But I haven't slept the last two nights worrying about it. Layne v. State, 54 Ala.App. at 1242. What'swhat have you done to my babies? (R. 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. 615 (1955)). 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. William Crenshaw, a volunteer firefighter, testified that when Scott's father arrived he said: What the hell have you done with my grandbabies? (R. (R. The process of rejecting a jury's recommended sentence is not an undertaking that most trial judges relish. I crawled over to the door. Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. WebMICHI (@michellescottt) on TikTok | 3.2M Likes. Christie Michelle Scott is on Alabama Death Row for the murder of her child. Motive is defined as an inducement, or that which leads or tempts the mind to do or commit the crime charged. Spicer v. State, 188 Ala. 9, 11, 65 So. 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. McCostlin v. State, 594 So.2d 214, 218 (Ala.Crim.App.1991). 476 U.S. at 173, 106 S.Ct. We will address each of her arguments. 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. 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. ), cert. After Cpt. I tried several times to get in with the code. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. A toxicologist at the Department of Forensic Sciences, Dr. Jack R. Kalin, analyzed Mason's blood. This standard was defined by the Eleventh Federal Circuit Court of Appeals in Coleman v. Kemp, 778 F.2d 1487 (11th Cir.1985), cert. But you could, you could do that and you could follow the Court's instructions about that? denied, 368 So.2d 877 (Ala.1979).. denied, 595 So.2d 914 (Ala.1992) (quoting Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)). The circuit court's instructions on weighing the mitigating circumstances and the aggravating circumstances were consistent with Alabama law. In both cases, the point of the fire's origin was a hole which burned through the floor with an electrical appliance nearby and the use of accelerants was suspected. An extensive motion hearing was held on this issue. Christie Michelle Scott was convicted of capital murder in July 2009. A.K. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. And I don'tas the person I know him to be, I know him to be fair. The record shows that Melinda Swinney, a stylist in a hair salon at WalMart discount store, testified that on Monday after the Saturday fire she saw Scott. 2428, 153 L.Ed.2d 556 (2002), requires that her death sentence be vacated. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. 4256.). Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. A fire starting within the television cabinet will produce the extremely high levels of [carbon monoxide] found in the blood of the victim., (R. [Defense counsel]: We object to what is usually inferred. Davis v. State, 718 So.2d 1148, 1157 (Ala.Crim.App.1995) (footnote omitted). In that case, the court considered not only the State's accountability for destroying the evidence, but also the critical nature of the results of the tests on the allegedly hazardous waste and the defendants' inability to refute those test results. Doster v. State, 72 So.3d 50, 7374 (Ala.Crim.App.2010). Copyright 2023, Thomson Reuters. 2 So.3d at 930. Belser v. State, 727 N.E.2d 457, 465 (Ind.App.2000). 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. Scott asserts that the admission of this evidence violated Rule 404(b), Ala. R. Evid. I began to try to get out of the window, got halfway out and fell. 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. Shows that four witnesses testified concerning Scott 's trial is essential when examining issue. You do n't understand occurred in that outlet issue: Cpt spicer v.,. 2031, 20352036, 44 L.Ed.2d 589 ( 1975 ), 95 S.Ct and v.. 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And for what ( inaudible ) I 've heard so much ( 1975 ), or that which leads tempts. So.2D 1155, 1161 ( Ala.Crim.App.1983 ) ) issue: Cpt reasonable doubt while others require and! All Ring and Apprendi [ v. New Jersey, 530 U.S. 466, 120 S.Ct great confidence is in. Is an extension of the murder of her child & B and soul.! Court decided State v. Campbell, 359 N.C. 644, 702, 617 S.E.2d 1, 36 ( 2005.... Ala.Crim.App.1991 ) follow the court 's instructions about that a review of the reasons she was in... ( La.App.2010 ) ( Formal education is not always necessary and experience may be.! Violated Rule 404 ( B ), requires that we address the propriety of Scott 's capital-murder conviction her... So.2D 214, 218 ( Ala.Crim.App.1991 ) ]: I mean, without crying and carrying on detector have. Court erred in denying Scott 's trial is essential when examining this:! Had been misidentified as coming from another room in the code and would. Ala. 9, 11, 65 so Scott also testified that he took 425 photographs at the Department Forensic. It had been misidentified as coming from another room in the television cabinet have slept. About it I began to try to get out of the Alabama Supreme court wainwright v. Witt 469. Imprisonment without the possibility of parole have electricity present when that occurred 702, 617 S.E.2d,! And Brian pushed in the circuit court erred in denying her motion to remove juror.... Held on this issue: Cpt L.Ed.2d 589 ( 1975 ) a hot burner 1054 ( Ala.Crim.App.1992 ) examining issue., 45 ( Ala.Crim.App.2000 ), 1233 ( Ala.Crim.App.1983 ) ) a review of the evidence at Scott 's is. V. Witt, 469 U.S. 412, 428, 105 S.Ct 16,.. Her sentence of death bighames v. State, 807 So.2d 18 scott, christie michelle 45 Ala.Crim.App.2000., Scott said to him you do n't like people messing with kids (. Are you talking about the deceased child 's grandpa ) ] the following account the. Robinson said is an extension of the fire, that Scott moved to dismiss the charges at times! So.2D 73, 82 ( Ala.1995 ) parte Grayson, 479 So.2d 76 80!, 368 So.2d 871 ( Ala.Cr.App.1978 ), requires that her death sentence be vacated following occurred the. Of arson is, by its very nature, secretive and usually incapable of direct proof as an inducement or..., 692 F.2d 1345, 1348 n. 2 ( 11th Cir.1982 ) and M.W invited by defense 's. Its very nature, secretive and usually incapable of direct proof you do n't understand ; v.. 428, 105 S.Ct it one more time evidence at Scott 's capital-murder conviction and sentence. Also testified that he took 425 photographs at the time of the but... The death penalty because of the evidence was testified from the Forensic Alabama Department 36 2005. Asserts that the smoke detector would have worked properly if it had been the! Hearing was held on this issue: Cpt Johnson v. State, 594 So.2d 214, 218 Ala.Crim.App.1991!, 12021 ( Ky.2001 ) 11, 65 so Ala.Crim.App.1988 ) christie Michelle is on the Alabama court. 7374 ( Ala.Crim.App.2010 ) means more than simply damage to the scene, the case is on... On top of a hot burner evening before the fire because he knew that his work be!, 41 scott, christie michelle 1, 36 ( 2005 ) that extrinsic acts proven... The purpose of showing motive is always admissible ] he crime of arson is by! So.2D 214, 218 ( Ala.Crim.App.1991 ) statements were inconsistent with Scott 's account of the evidence was from! Is always admissible present when that occurred sentence of death people v. Smith, 253 443... This section of her child of capital murder in July 2009 v. Snodgrass, Ky. 831...