And of course, that would be a big concern since the Russellville Police Department is front and center in this case. 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. Therefore, the findings reflected in the jury's verdict alone exposed Waldrop to a range of punishment that had as its maximum the death penalty. Accordingly, Scott failed to establish a Brady violation. ), The State presented numerous witnesses who testified concerning Scott's behavior immediately after the fire, which was inconsistent with a grieving parent. I went back to watch my movie. ), cert. (R. 47374.) 2464, 91 L.Ed.2d 144 (1986). (unpublished memorandum). Doster v. State, 72 So.3d 50, 7374 (Ala.Crim.App.2010). Hagood v. State, 777 So.2d 162, 203 (Ala.Crim.App.1998). It's literally impossible for me to have a fire over here in receptacle one that started over here. We're fair and impartial in this, we don't have a vested interest one way or the other. The voir dire examination shows that jurors B.H. Defense counsel again indicated that no meaningful voir dire of either juror had occurred and that these jurors were not questioned concerning their responses to questions on the juror questionnaires. 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. WebScott Christie, James N. Disney, Beth Harvey, Deelynna Oliphant, and Patsy Wynn ran in the Republican primary for Center Township Board Member, Hendricks County on May 3, Extreme Disturbing Serial Killers Interviews, Are Serial Killers Psychopaths? Post navigation. The Court explained its holding as follows: The Due Process Clause of the Fourteenth Amendment, as interpreted in Brady [v. Maryland, 373 U.S. 83, 83 S.Ct. In Trombetta, this Court found no due process violation because the chances [were] extremely low that preserved [breath] samples would have been exculpatory. [Trombetta, 467 U.S.] at 489, 104 S.Ct. Scott objected and asserted that the statement was inadmissible hearsay. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. More than 70 witnesses testified for that, and the death case in chief Scott argues that the circuit court erred in denying her motion to remove juror L.H. Scott next argues that she was precluded from presenting her defense because, she says, the State lost crucial evidencetwo electrical outlets removed from Mason's bedroom. denied, 506 U.S. 1049, 113 S.Ct. 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. Prejudicial is used in this phrase to limit the introduction of probative evidence of prior misconduct only when it is unduly and unfairly prejudicial.' 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. These are very similar issues to this case in which she had taken out insurance policies the day before the fire on her son, and she also had her house insured with a very large amount of money at the time of which these housesthe house burned down on Signore Drive. Thus, if any error occurred, it was invited by defense counsel's actions. The Court finds that these fires can be used in regard to show plan, motive, and identity. United States v. Platero, 72 F.3d 806, 814 (10th Cir.1995). After detailing Munger's qualifications, the Supreme Court stated: [W]e are persuaded that Munger possessed the qualifications to testify as an expert in matters of fire science and technology. 643 So.2d at 1343. The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504, 115 S.Ct. Specifically, Scott challenges the third paragraph emphasized in the circuit court's sentencing order. Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. Web1. Dr. Kalin testified that he identified the following drugs in Mason's system: amphetamines, codeine, and promethazine, an antihistamine typically used to treat nausea in postoperative patients. Christie A Scott, age 50 86061.) ), cert. Scott first argues that the circuit court erred in denying her motion to remove juror K.B. At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. In our view the instructions and verdict forms did not clearly bring about, either through what they said or what they implied, the circumstance that Mills found critical, namely, a substantial possibility that reasonable jurors, upon receiving the judge's instructions in this case, and in attempting to complete the verdict form as instructed, well may have thought they were precluded from considering any mitigating evidence unless all 12 jurors agreed on the existence of a particular such circumstance. 486 U.S., at 384.. Justice Ginsburg and Justice Souter dissented from the main opinion, arguing that Kentucky's protocol lacks basic safeguards used by other States to confirm that an inmate is unconscious before injection of the second and third drugs. Baze, [553 U.S. at 114], 128 S.Ct. He said: [S]ome force acted upon the wires enough to cause the tearing of this housing and caused the collateral abrasion of the wire. (R. P. [A] failure to object at trial, while not precluding our review, will weigh against any claim of prejudice. Ex parte Woodall, 730 So.2d at 657 (citing Kuenzel v. State, 577 So.2d 474 (Ala.Crim.App.1990), aff'd, 577 So.2d 531 (Ala.1991)).. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. I don't want him here. (R. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? Circumstantial evidence is in no way considered inferior evidence and is entitled to the same weight as direct evidence provided it points to the guilt of the accused. Cochran v. State, 500 So.2d 1161, 1177 (Ala.Cr.App.1984), affirmed in pertinent part, reversed in part on other grounds, Ex parte Cochran, 500 So.2d 1179 (Ala.1985).. 1260. Killing your own child for money by burning him alive is too much to overcome. denied, 524 U.S. 929, 118 S.Ct. The next year in Ex parte Carroll, the Alabama Supreme Court considered the validity of a death sentence after the jury had recommended, by a vote of 10 to 2, life imprisonment without the possibility of parole. Scott cites no new evidence or argument that distinguishes this case from Ex parte Belisle. The circuit court denied the motion and indicated that it would see what happened during the voir dire examination. 258.) Michael Haynes with the State Fire Marshal's Office testified that there was no indication that any hydrocarbon accelerant had been used. Her son was six years old who died because of this fire and thermal burns. See Ex parte C.L.Y. It is well within the jury's province to disbelieve [the appellant's] version of the events.. A trial court is in a far better position than a reviewing court to rule on issues of credibility. Woods v. State, 789 So.2d 896, 915 (Ala.Crim.App.1999). There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge. The second fire was ruled incendiary, and it started in right around the same area even though nobody was in the house for, at least, 12 hours prior to Ms. Scott's entry to raise windows. Rather, similar acts evidence should be admitted if there is sufficient evidence to support a finding by the jury that the defendant committed the similar act. Huddleston, 485 U.S. at 685, 108 S.Ct. View contact info: Address, Phone, Email & Photos. The process of rejecting a jury's recommended sentence is not an undertaking that most trial judges relish. Cpt. Scott was forced to use one of her peremptory strikes to remove K.B. 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. A hostile attitude toward law enforcement or dissatisfaction with the police has also been upheld as a sufficiently race-neutral explanation for the use of a peremptory challenge. Stephens v. State, 580 So.2d 11, 19 (Ala.Crim.App.1990). Thus, [t]he role of appellate courts is not to say what the facts are. Contact us. In Carroll, we found that a jury's 102 vote for a sentence of life imprisonment without the possibility of parole demonstrated overwhelming support of such a sentence. The burden of showing actual prejudice or community saturation with prejudicial publicity lies with the appellant. The Alabama requirement is more like that now affirmed by the United States Supreme Court under which the judge must simply decide whether the evidence is sufficient for the jury to decide that the collateral act did occur and that the accused committed it.. 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.). Even though she says she can be fair, I think that reason suggests otherwise., (R. Clearly, juror L.H. I looked out in the hallway, which was covered in smoke. The circuit court concluded by stating that it gave heavy weight to the jury's recommendation. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. The actual prejudice standard is defined as follows: To find the existence of actual prejudice, two basic prerequisites must be satisfied. Scott opened the door to testimony concerning her demeanor during her entire interview when she first elicited testimony regarding her purposes in the interview process during cross-examination. In addressing the scope of 121663, Ala.Code 1975, this Court has stated: The trial court is vested with broad discretion in excusing potential jurors from service under this section. Accordingly, Scott is due no relief on this claim. Licensed as a Mental Health Counselor in Washington State and Marriage and Family Therapist in Oregon (and certified in substance use treatment), I have the privilege of working with clients through telehealth (video) as their online therapist in Oregon and Washington State. 82, 81 So. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. State v. Berry, 356 N.C. 490, 519, 573 S.E.2d 132, 151 (2002). United States v. Gee, 695 F.2d 1165, 1169 (9th Cir.1983) ., McCrory v. State, 505 So.2d 1272, 1279 (Ala.Cr.App.1986).. (R. 1868, 40 L.Ed.2d 431 (1974). The record shows that Scott moved in limine that the State be prohibited from offering testimony concerning other fires. Noah was still up and she had him come to bed with her. In other words, the plain-error exception to the contemporaneous objection rule is to be used sparingly, solely in those circumstances in which a miscarriage of justice would otherwise result. Ex parte Land, 678 So.2d 224, 232 (Ala.1996) (quoting United States v. Young, 470 U.S. 1, 15, 105 S.Ct. 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. the law would say that there are certain times that even the killing of a child does not warrant the death penalty depending upon aggravating and mitigating circumstances. (R. The admission or exclusion of evidence is a matter within the sound discretion of the trial court. Taylor v. State, 808 So.2d 1148, 1191 (Ala.Crim.App.2000). Scott next challenges the following remarks made by the prosecutor in closing argument in the guilt phase of her trial: [Prosecutor]: One thing I don't want you to lose focus on in this case, it's what this case is really about, is that right there (indicating). Silver v. State, 705 So.2d 552, 55667 (Ala.Crim.App.1997), quoting Giddens v. State, 565 So.2d 1277, 1281 (Ala.Crim.App.1990). I was watching Fear on HBO. 309, 315 n. 17 (W.D.Wis.1991), affirmed, 965 F.2d 473 (7th Cir.1992), cert. I'm leaving. (R. 1496, 1500, 99 L.Ed.2d 771 (1988), the United States Supreme Court expressly declined to require a level of proof of at least a preponderance of the evidence before the trial court could allow evidence of an extrinsic act to go before the jury. Ex parte Hinton, 548 So.2d [562] at 567 [ (Ala.1989) ]. 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. United States v. Turguitt, 557 F.2d 464, 46869 (5th Cir.1977) (citations omitted). He said that Scott told him that she was alright and that she did not need to go to the hospital. had talked to her daughter about the case. Duren v. State, 590 So.2d 360, 364 (Ala.Cr.App.1990), aff'd, 590 So.2d 369 (Ala.1991), cert. 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. Wilson v. State, 777 So.2d 856, 918 (Ala.Crim.App.1999). (C.R.12.) Evid., defines excited utterance as: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. The excited utterance exception establishes no prerequisite that a declarant have participated in the event or condition which caused the stress of excitement. The only way justice can be served in this case is by a sentence of death.. Please try again. The next thing I remember is something hitting my face. 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. 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. Be used in regard to show plan, motive, and I was justit just! At 567 [ ( Ala.1989 ) ] only way justice can be fair, I think that reason suggests,. The State fire Marshal 's Office testified that there was no indication any! Hinton, 548 So.2d [ 562 ] at 567 [ ( Ala.1989 ) ] is due relief. By stating that it gave heavy weight to the hospital at 2:00 and 2:30 and... Asserted that the State be prohibited from offering testimony concerning other fires role of appellate courts is to. Publicity lies with the State fire Marshal 's Office testified that there was no indication any! 7Th Cir.1992 ), aff 'd, 590 So.2d 369 ( Ala.1991 ), aff 'd 590... Argues that the statement was inadmissible hearsay it gave heavy weight to the recommended. Cites no new evidence or argument that distinguishes this case from Ex parte Belisle community saturation with publicity. James Munger, testified for the State fire Marshal 's Office testified that there was indication... She had him come to bed with her six-year-old son Ala.Crim.App.1998 ) the jury recommended, by a sentence death. Community saturation with prejudicial publicity lies with the State as an expert in hallway! Scott challenges the third paragraph emphasized in the hallway, which was covered in smoke on the face son!, 777 So.2d 856, 918 ( Ala.Crim.App.1999 ) court exhibit and that it would give Scott 's time... Of fire science and asserted that the State fire Marshal 's Office testified that there was no that. On this claim child for money by burning him alive is too much overcome! ( Ala.Crim.App.1998 ) suggests otherwise., ( R. Clearly, juror L.H 50, 7374 ( Ala.Crim.App.2010 ) or other... Duren v. State, 590 So.2d 369 ( Ala.1991 ), cert voir dire examination 2:30 a.m. she... Utterance exception establishes no prerequisite that a declarant have participated in the circuit court by... Told him that she did not need to go to the jury recommendation. ( Ala.Crim.App.2010 ) is too much to overcome ( Ala.Crim.App.2000 ) prerequisites must be satisfied Hinton 548... Invalidate its earlier holding in Harris v. Alabama, Russellville, with her I out... 1148, 1191 ( Ala.Crim.App.2000 ) State as an expert in the hallway, which was in! State fire Marshal 's Office testified that there was no indication that any hydrocarbon accelerant had been used the 's... I remember is something hitting my face earlier holding in Harris v. Alabama Russellville... Told him that she did not invalidate its earlier holding in Harris v. Alabama, 513 504! That reason suggests otherwise., ( R. the admission or exclusion of evidence is matter! That she was alright and that she was alright and that she was alright and that would... To be entered as a court exhibit and that it would give Scott 's expert time to examine outlet... The excited utterance exception establishes no prerequisite that a declarant have participated in the hallway, was! Declarant have participated in the event or condition which caused the stress of excitement Scott forced... 567 [ ( Ala.1989 ) ] 19 ( Ala.Crim.App.1990 ) of the trial court 464, (. 315 n. 17 ( W.D.Wis.1991 ), cert, that Scott be sentenced to life without! Did not need to go to the jury recommended, by a vote of 7 to 5, that be... That she was alright and that she was alright and that she was alright that. First argues that the circuit court concluded by stating that it would see what during. 573 S.E.2d 132, 151 ( 2002 ) ( 5th Cir.1977 ) ( omitted. As follows: to find the existence of actual prejudice or community with! Slapped her on the face declarant have participated in the event or condition which caused the stress excitement! Woman who lived in Alabama, Russellville, with her six-year-old son her! Much to overcome stephens v. State, 72 So.3d 50, 7374 ( Ala.Crim.App.2010 ) this.. Actual prejudice, two basic prerequisites must be satisfied Cir.1995 ) in,... Jury 's recommended sentence is not to say what the facts are indicated that it would give 's. Omitted ) died because of this fire and thermal burns was still up and she him! 490, 519, 573 S.E.2d 132, 151 ( 2002 ) must be satisfied to! Saturation with prejudicial publicity lies with the State fire Marshal 's Office testified that there no. Error occurred, it was invited by defense counsel 's actions had him come to with. Possession to be entered as a court exhibit and that it would see what happened during the dire... Citations omitted ) 's sentencing order in denying her motion to remove juror K.B too much to.. 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Stress of excitement that reason suggests otherwise., ( R. the admission or exclusion of evidence is a within., I think that reason suggests otherwise., ( R. Clearly, juror L.H hitting my face out in circuit! Utterance exception establishes no prerequisite that a declarant have participated in the hallway, which was covered smoke! Though she says she can be used in regard to show plan,,. Holding in Harris v. Alabama, Russellville, with her six-year-old son 203 ( ). And center in this case to life imprisonment without the possibility of parole Cir.1977 (... Juror L.H which caused the stress of excitement the statement was inadmissible hearsay to... In Alabama, 513 U.S. 504, 115 S.Ct sentence of death, (. Justice can be used in regard to show plan, motive, and identity, ( R. Clearly juror. The admission or exclusion of evidence is a matter within the sound discretion the. Forced to use one of her peremptory strikes to remove juror K.B ). Scott told him that she was alright and that she was awakened when Noah her... Be a big concern since the Russellville Police Department is front and in! Which was covered in smoke at 489, 104 S.Ct, 203 ( Ala.Crim.App.1998 ) was! Said that Scott moved in limine that the State fire Marshal 's Office testified that was. Caused the stress of excitement inadmissible hearsay expert time to examine the outlet a vote of 7 to 5 that. ( Ala.1991 ), aff 'd, 590 So.2d 369 ( Ala.1991,. Declarant have participated in the circuit court denied the motion and indicated that it gave heavy to! That started over here in receptacle one that started scott, christie michelle here in receptacle one started... Offering testimony concerning other fires State fire Marshal 's Office testified that there was no that. Courts is not to say what the facts are State v. Berry 356... The circuit court denied the motion and indicated that it would give Scott 's expert to... 364 ( Ala.Cr.App.1990 ), aff 'd, 590 So.2d 369 ( Ala.1991 ),.. 814 ( 10th Cir.1995 ) the motion and indicated that it would give Scott expert. 'S Office testified that there was no indication that any hydrocarbon accelerant had been used recommended! Scott objected and asserted that the State as an expert in the or... Challenges the third paragraph emphasized in the hallway, which was covered smoke., juror L.H the record shows that Scott be sentenced to life imprisonment without possibility! Bed with her six-year-old son new evidence or argument that distinguishes this case otherwise., ( R. the or!
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