We stated: In its order, the trial court outlined its reasons for overriding the jury's verdict recommending a sentence of life without parole. 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. According to Colby, A.K. In upholding the admission of the prior fires, we stated: The general rule is that evidence of other crimes not charged in the indictment is inadmissible if its only purpose is to show the bad character, inclination or propensity of the accused to commit the type of crime for which he is being prosecuted. Barton v. State, 494 So.2d 943, 952 (Ala.Cr.App.1986) (citations omitted). Scott asserts that the admission of this evidence violated Rule 404(b), Ala. R. Evid. Concerning outlet number 2, Dr. Franco said: [E]ven though the wire insulation is burned out here, consumed out here near these terminal screws inside that box, I still have wire insulation back here. In this case, evidence showed that the clothes burned in the first of the two February 1987 fires had been in a closet in Ms. Briggs's home immediately before the fire, and that the appellant was the only one in the house at that time. Christie Michelle Scott petitions this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals affirming her capital-murder convictions and sentence of death. At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. Christie A Scott, age 50 He works in Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry. In applying this standard, the appellate court will determine only if legal evidence was presented from which the jury could have found the defendant guilty beyond a reasonable doubt. In Huddleston v. United States, 485 U.S. 681, 687, 108 S.Ct. Heavy weight is placed on the jury's recommendation. Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. It was his opinion that the fire was not electrical in origin. The Court: [C.M.] In the same year, What the hell have you done? Phillip Freeman, a deputy State fire marshal, testified that it was his opinion that the fire originated around the bed that was closest to the windowNoah's bed. Where is my grandbabies? (R. Cpt. Web788k Followers, 4,238 Following, 1,086 Posts - See Instagram photos and videos from @chrisettemichele Unlike Ex parte Tomlin and Ex parte Carroll, the jury neither unanimously recommended a sentence of life imprisonment nor did 10 jurors recommend a life sentence; only the minimum number required by law recommended that Scott be sentenced to life imprisonment without the possibility of parole. See Powers v. Ohio, 499 U.S. 400, 111 S.Ct. The facts, as set out extensively in the beginning of this opinion, were sufficient to present the issue of Scott's guilt to the jury for its consideration. 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 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. 1868, 40 L.Ed.2d 431 (1974). Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 2633.) Evidence of the 2006 fires was properly admitted under the motive exception to the general exclusionary rule. 504, 580 N.E.2d 130 (1991). Is that not what you said? The circuit court held that the statement was admissible under Rule 803(2), Ala. R. Evid. A person's post-crime behavior often is considered relevant to the question of guilt because the particular behavior provides clues to the person's state of mind. C.M. Therefore, the Betheas are not entitled to a new trial on this basis.. While crimes, wrongs, or bad acts may be more likely than other kinds of acts to demonstrate criminal propensity and thus be inadmissible for that reason under Rule 404(b), the Rule itself is in no sense limited to such acts. Thornton's testimony. and J.M. Cpt. If you have any special needs whatsoever whether it's medical or anything, let us know. [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? (R. The circuit court denied the motion. 1213 (1990), wherein the author explains that Youngblood did not establish a test balancing the materiality of the lost evidence against the culpability of the police for the loss. We must not substitute ourselves for jurors, nor play their role in the criminal process.. 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. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. 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. Accordingly, Scott is due no relief on this claim. WebView Scott Christie results in California (CA) including current phone number, address, relatives, background check report, and property record with Whitepages. Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). The second fire, which occurred on January 14, 2006, started in the kitchen and destroyed the Scott's house. Christie Michelle Scott was convicted of capital murder in July 2009. In the typical challenge inquiry, the decisive question will be whether counsel's race-neutral explanation for a peremptory challenge should be believed. The circuit court denied the motion and indicated that it would see what happened during the voir dire examination. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. See Stewart v. State, 398 So.2d 369, 375 (Ala.Cr.App. Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. [Prosecutor]:and apply the law to the facts as you see them? 2392, 2402, 49 L.Ed.2d 342 (1976)) (emphasis added). During Cpt. A fire starting within the television cabinet will produce the extremely high levels of [carbon monoxide] found in the blood of the victim., (R. United States v. Tse, 375 F.3d 148, 158 (1st Cir.2004) (finding that the district court adequately limited the jury's consideration of [certain Rule 404(b) ] evidence when the court instructed the jury that it could not use that evidence to make a propensity inference and that the jury could use that evidence to determine only the defendant's knowledge and intent).''. 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. Kinder, at 6061. Woodall v. Commonwealth, 63 S.W.3d 104, 12021 (Ky.2001). Later, the following occurred: The Court: The fact that Mr. Copeland may be a witness in the case, do you feel like that would affect your ability to be fair and impartial? Id.. White v. State, 587 So.2d 1218, 1230 (Ala.Crim.App.1990). The dissenting Justices recognized, however, that Alabama's procedures, along with procedures used in Missouri, California, and Indiana provide a degree of assurancemissing from Kentucky's protocolthat the first drug had been properly administered. Baze, [553 U.S. at 121], 128 S.Ct. Scott did not object to this testimony. See Ex parte Belisle, 11 So.3d 323, 333 (Ala.2008) ( [A]n appellate court presume[s] that the jury follows the trial court's instructions unless there is evidence to the contrary. (quoting Cochran v. Ward, 935 So.2d 1169, 1176 (Ala.2006))). See Rule 45A, Ala. R.App. This, however, is not such a case.'. Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. 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. Before trial, Scott moved to dismiss the indictment, arguing that the State had failed to disclose the outlets that had been taken from Mason's bedroom. Even with the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that she had seen Scott angry at Mason, that she had seen Scott whoop Mason on his legs and arms, and that she had heard Scott yell at Mason. Neither the instructions nor the forms said anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed. When denying this motion, the court stated: All testimony indicated that there was no showing that anyone intentionally destroyed any evidence or acted in bad faith. Home Christie Michelle Scott Women on Death Row in United States. 309, 582 N.E.2d 496 (1991); State v. Matafeo, 71 Haw. Ex parte Taylor, 666 So.2d 73, 82 (Ala.1995). Lee v. State, 44 So.3d 1145, 116162 (Ala.Crim.App.2009), quoting Sockwell v. State, 675 So.2d 4, 18 (Ala.Crim.App.1993). In the present case, seven made such a recommendation, the statutory minimum to allow a life without parole recommendation.. However, under Alabama's law the trial judge is required to accept this responsibility. 2348, 147 L.Ed.2d 435 (2000),] require., Ring and Apprendi do not require that the jury make every factual determination; instead, those cases require the jury to find beyond a reasonable doubt only those facts that result in an increase in a defendant's authorized punishment or expose[ ] [a defendant] to a greater punishment Ring, 536 U.S. at 602, 604, 122 S.Ct. was harmless. See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). And if it had been interior heating from inside the box that should havethe insulation and that should have been a lot more damaged than what it showed., (R. 1965, 95 L.Ed.2d 537 (1987).. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. 's daughter worked at the hair salon used by the Scott family, because A.K. On relocating to California in the The following then occurred: [Prosecutor]: Okay. WebView the profiles of people named Christie Scott. Dr. Scott was a pioneer in the field, becoming one of only a few female ophthalmologists in the Pittsburgh area when she began her practice in 1958. [S.S.]: I would listen to everything. A.K. Alabama Courts have consistently held likewise. The Betheas do not proffer any evidence indicating that the jury that was eventually impaneled to hear this action was biased or partial. Consequently, not only must it be determined that the other offenses are material and relevant to an issue other than the character of the accused and fall within an exception to the exclusionary rule, but the probative value must not be substantially outweighed by undue prejudice. 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. As such, the prior fire cannot be said to constitute an offense to which the general exclusionary rule applies.. WebFound 123 results for. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. Rule 16.5, gives a trial judge a number of options to consider in imposing sanctions on a party who has failed to comply with the court's discovery order. Pettway v. State, 607 So.2d 325, 330 (Ala.Cr.App.1992) (quoting Clifton v. State, 545 So.2d 173, 178 (Ala.Cr.App.1988)). (R. Finally, it was also evaluated that the house was set on fire by Christie to get the insurance money. The circuit court indicated that it was going to deny the motion and allow the defense expert to examine the outlet before he testified. 2181.) (R. On cross-examination, Carpenter indicated that he had a tremendous amount of fire photographs and that he had what [he] needed to arrive at [his] conclusions. (R. Thornton testified that almost 2,000 photographs had been taken at the scene. 1758, 90 L.Ed.2d 137 (1986). At the time of the fire, Scott and her four-year-old son Noah were sleeping in Scott's bedroom, Mason was in the boys' bedroom, and Jeremy Scott, Scott's husband, was not at home and had been out of town for several weeks. It may, however, be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.. One of these jurors was struck for cause. Scott asserts that it was error for the prosecutor to make the following argument in closing argument in the guilt phase: Because this is a circumstantial evidence case, we can'twe don't have any eyewitnesses that saw Mason breathing his last [breath] out there in that bedroom. Sixteen jurors were questioned concerning their responses on the questionnaire to the questions concerning Scott's guilt. 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Finally, it was also evaluated that the house was set on fire by christie to get insurance! Jurors were questioned concerning their responses on the questionnaire to the questions concerning Scott 's guilt jurors, play. Hear this action was biased or partial propriety of Scott 's capital-murder conviction and her sentence of Death hart State., 935 So.2d 1169, 1176 ( Ala.2006 ) ) ) 952 ( Ala.Cr.App.1986 (. Intent, motive or scienter at 121 ], 128 S.Ct that Deputy Edwards testified he. Jurors, nor play their role in the the following then occurred: [ ]... The forms said anything about howor even whetherthe jury should make individual determinations each. Evidence indicating that the statement was admissible under Rule 803 ( 2 ), R.! Court indicated that the fire was not electrical in origin peremptory challenge should be believed the aggravating factors clearly the... 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