I turned on the satellite and told him that he needed to go to sleep. We stated: The eyeglasses were admissible without establishing a chain of custody because [the testifying officer] was able to specifically identify them, and their condition was not an issue in the case. Land, 678 So.2d at 210. ', 848 So.2d at 228 (emphasis in original).. 48182.) The content of the statement itself shows excitement based on a startling event. The circuit court correctly found that the statement was properly admissible as an excited utterance. ], once again it comes down to two things on him. [Defense counsel]: Objection. I punched the screen out. said during voir dire that she had discussed the case with her husband, that she knew Scott's family, and that she was a tenderhearted person. See also Holladay v. State, 549 So.2d 122, 125 (Ala.Cr.App.1988), affirmed, 549 So.2d 135 (Ala.), cert. Scott was convicted on all counts. According to court documents Scott set fire to her home that would kill her six year old autistic son. Our function is not to be factfinders, however tempting that may sometimes be. Yarborough also testified that Scott said that she didn't know how someone could be so unlucky as to have two fires in three years and I hope it ain't that one [the fire marshal] from Colbert County. 309, 315 n. 17 (W.D.Wis.1991), affirmed, 965 F.2d 473 (7th Cir.1992), cert. Davidson also testified that Scott was fully dressed and that at one point while they were in the ambulance Scott patted her pant pocket and pulled out a cell phone and said: I had my cell phone the whole time. 2325, 141 L.Ed.2d 699 (1998); Brown v. State, 686 So.2d 385 (Ala.Cr.App.1995); Rieber v. State, 663 So.2d 985 (Ala.Cr.App.1994), aff'd, 663 So.2d 999 (Ala.), cert. Thornton testified that the outlets that were removed were cut at different lengths and at different angles so that they would be readily identifiable. The actual prejudice standard is defined as follows: To find the existence of actual prejudice, two basic prerequisites must be satisfied. We noted that Huddleston [v. United States, 485 U.S. 681, 108 S.Ct. denied, Lynn v. Alabama, 493 U.S. 945, 110 S.Ct. (R. (R. The process of rejecting a jury's recommended sentence is not an undertaking that most trial judges relish. 1 Wigmore, [Evidence ] 173, at 632 [3d ed 1940) ].. Christie Michelle Bray Scott was born in 1978 and lived in Alabama in Russellville. 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 Briggs, supra. 844 (1936); Jones v. State, [362 So.2d 1303 (Ala.Cr.App.1978) ]; Norris v. State, 429 So.2d 649 (Ala.Cr.App.1982). Peterson v. State, 452 So.2d 1372 (Ala.Cr.App.1984). Campbell v. State, 508 So.2d 1186, 1189 (Ala.Cr.App.1986). Testimony of Scott's actions after the fire and the death of her son was relevant to Scott's guilt and was properly admitted. Malone said that Scott then said: How am I going to tell Jeremy that I have let his baby die? (R. 1126.) Thus, [t]he role of appellate courts is not to say what the facts are. Stated differently, the statement does not have to be made contemporaneously with the startling event or condition but it must be uttered contemporaneously with the excitement resulting from the startling event or condition. Scott next argues that the court erred in discounting evidence because the witnesses and jury were emotional. The record shows that the State called Munger to testify concerning the origin of the fire. Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. I tried several times to get in with the code. These statements were inconsistent with Scott's account of the events on August 16, 2008. Is that not what you said? (1) Culpability of the State. Evid., of its intent to introduce evidence of six other fires: (1) a fire in January 1985 at Scott's father's house; (2) a fire in July 1985 at Scott's father's house; (3) a fire in January 1990 at Scott's father's house; (4) a fire in March 1999 on property owned by Scott's father; (5) a fire on January 12, 2006, at Scott's house; and (6) a fire on January 14, 2006, at Scott's house. A couple of them even had the paper that is inside. ]: Certain crimes just make me sick, you know. [Prosecutor]: What is inferred to you in this case by the long silences of. [T]his court has before it sufficient basis for reviewing the appellant's death sentence. Stewart v. State, 730 So.2d 1203, 1219 (Ala.Crim.App.1996). The record shows that Carolyn Scott, the owner of Hello Gorgeous, a hair salon used by the Scotts, testified that she had seen Scott yell at Mason and spank him when they were in the salon. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. The test to be applied in determining whether a juror should be removed for cause is whether the juror can eliminate the influence of his previous feelings and render a verdict according to the evidence and the law. See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). (R. A jury found Scott guilty on all counts and recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. (R. And for it not to trip a breaker or not to cause problems, and I still have electricity over here in receptacle number five.. Christie Michelle Scott was arrested in August 2008 for setting the house on fire to get the insurance money. The court found two aggravating circumstances: that Scott murdered her son Mason for pecuniary gain and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders. 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)). 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. 877, 357 N.E.2d 1320 (1976). These jurisdictions hold that when the state loses or destroys evidence, the state is subjected to a higher due process standard under their state constitutions than the bad faith test as stated in Arizona v. Youngblood. Conley v. State, 354 So.2d 1172, 1179 (Ala.Cr.App.1977). Freeman testified that the outlet the television was plugged into had the least damage of any of them in the room. (R. First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). 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) ]. C. Gamble and R. Goodwin, McElroy's Alabama Evidence 69.02(4) ( 6th ed.2009) (emphasis added). 360, 121 L.Ed.2d 272 (1992) ([i]t is worth noting that neither Justice Stevens (concurring in the judgment only) nor Justice Blackmun (dissenting) read the majority opinion in Youngblood as adopting anything short of a flat bad faith requirement, absent which there is no need for any materiality inquiry) (emphasis added). It should set off bells and whistles to investigators. The following occurred during the voir dire of juror L.H. The second best result is Christie Lesley Scott age 50s in Boaz, AL. Outlet number 3 was correctly admitted into evidence pursuant to 122113, Ala.Code 1975. [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. The United States Court of Appeals for the Second Circuit has stated: By its very terms, Rule 404(b) addresses other crimes, wrongs, or acts. (emphasis added). The Court: Okay. 852 So.2d at 837. 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. (R. Previous Post Christie Michelle Scott Women On Death Row. How are you? (R. In the opinion of this Court, this evidence was sufficient to connect the appellant to the two prior fires.. [Defense counsel]: What about a situation where someone intentionally kills another individual? [Fox v. State, 179 Ind.App. Cpt. Neither the instructions nor the forms said anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed. 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. The prosecutor's arguments did not constitute error. 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. Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). She said that she returned with her neighbor and tried to get back into the house: I pushed the code in, it wouldn'tand my hands were jerking, and I thought it may be me that my hands were jerking so bad that I was hitting the wrong buttons. See Ex parte C.L.Y. at 1537. Because that's what caused that bead. The best result we found for your search is Michelle Christie age -- in Mount Vernon, NY in the Downtown Mount Vernon neighborhood. Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. Thornton further testified that outlet number 2, the outlet behind Noah's bed, was never removed from the wall because it was melted out; this outlet was photographed. We don't have any eyewitnesses that can show you how much pain he went through and what kind of horror he went through as he was leaned up against that bedpost and that fire in that room and that smoke and those gases. [T]he probative value of the evidence of other offenses must also be balanced against its prejudicial nature to determine its admissibility. WebView the profiles of people named Christie Scott. See also Woods v. State, 13 So.3d 1, 33 (Ala.Crim.App.2007). WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. She testified that she had seen Scott yell at Mason and handle him firmly. Scott did not object to Franks's testimony. The Supreme Court stated: Section 122113, Ala.Code 1975, provides: Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. The Court does consider the impact on her family, particularly her younger son, and gives this circumstance its due weight. The Thomas Court stated: The trial court cannot merely accept the specific reasons given by the prosecutor at face value. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt, Pennington v. State, 421 So.2d 1361 (Ala.Crim.App.1982); rather, the function of this Court is to determine whether there is legal evidence from which a rational finder of fact could have, by fair inference, found the defendant guilty beyond a reasonable doubt. After Cpt. 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. 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. (R. Scott moved that juror L.H. based on experience alone and need not have any special education or training.). Unlike Moreland, the State in the case sub judice never introduced evidence showing directly or by inference that the first fire on November 2, 1981, was the result of criminal activity. 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)). 1895.) Do you understand that under the law there are certain intentional killings under the law where the death penalty isn't even an option and that the Legislature has set out certain types of murder where they have said that the death penalty is an option? Specifically, Scott argues that the court misapplied Rule 404(b), Ala. R. 82, 81 So. Scott objected and argued that this evidence was irrelevant. Scott first argues that the circuit court violated the Supreme Court's holding in Carroll by disregarding the wishes of the victim's family and, in fact, using the victim's family's wishes to support a death sentence. See 12316, Ala.Code 1975. 1496, 99 L.Ed.2d 771 (1988) ]; cf. With these principles in mind, we review the issues raised by Scott in her brief to this Court. Thornton testified that almost 2,000 photographs had been taken at the scene. 1297, 122 L.Ed.2d 687 (1993).. Dowdell v. State, 480 So.2d 45 (Ala.Cr.App.1985). He said that some of the electrical outlets from the bedroom were cut out of the wall in his presence, that each outlet was cut at a different length to identify it, and that the outlets were photographed from all angles. The Jack and Jill bathroom light was on and the night-light played andplugged into the wall. The experts testified that the August 16, 2008, fire was accidental and started in the enclosed wooden television cabinet in the children's bedroom. Oh, no, not my babies. A fire starting within the television cabinet will produce the extremely high levels of [carbon monoxide] found in the blood of the victim., (R. The jury found [Scott] guilty of three counts of capital murder. There was also evidence that Scott was the last individual to leave the house before that fire, that Scott had increased her insurance coverage three months before that fire, and that the smoke alarm had been disconnected when the house was being cleaned. 189, 88 L.Ed.2d 157 (1985); Coleman v. Zant, 708 F.2d 541 (11th Cir.1983). [C.M. initially indicated that he thought a person who killed a child should be given the death penalty, upon further questioning C.M. Moreover, the trial court should not impose a sanction which is harsher than necessary to accomplish the goals of the discovery rules. denied, 532 U.S. 907, 121 S.Ct. 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. The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. 2374.). And in any event, the trial court did not abuse its discretion in rejecting Partin's request because his requested instruction was more stringent than required under applicable case law. Therefore, the appellant's argument is without merit.. 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. 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. 648, 653, 624 N.E.2d 836, 841 (1993), quoting People v. Smith, 44 Ill.App.3d 237, 241, 2 Ill.Dec. ), aff'd 500 So.2d 1064 (Ala.1986), cert. be removed for cause without stating any grounds. The State argues, and we agree, that Belisle, like the inmates in Baze, cannot meet his burden of demonstrating that Alabama's lethal-injection protocol poses a substantial risk of harm by asserting the mere possibility that something may go wrong. 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. 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. (quoting Bailey v. State, 521 A.2d 1069, 1091 (Del.1987), and Deberry v. State, 457 A.2d 744, 752 (Del.1983)) (footnote omitted). 998.) And as soon as she left, within a short time period, the house burned again. Scott relies on the Alabama Supreme Court's decision in Ex parte Gingo to support her argument. The Court: Okay. denied, 506 U.S. 929, 113 S.Ct. When he examined the scene, he said, outlet number 1 could not be located, but the electrical receptacle for that outlet was still in the wall. 1115.) Jana Boyd, a stylist at the WalMart hair salon, testified that a lady came in the store on the Monday after the fire and that Swinney got upset and Boyd had to wait on the customer. The Supreme Court's holding in Carroll did not purport to be an exhaustive list of what the court could consider when sentencing a defendant to death after a jury has recommended a sentence of life imprisonment without the possibility of parole. Select this result to view Christie Carlotta Scott's phone number, address, and more. Testing indicated that the smoke detector would have worked properly if it had been on the wall at the time of the fire. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). 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.. Outlet number 4, Dr. Franco said, contained too much plastic that wasn't consumed by the fire for any fire to have been present in that outlet. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? Dr. Kalin further testified that this was the first case where he had seen codeine used in conjunction with promethazine and that both substances would induce sleepiness and drowsiness. Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. On relocating to California in the During Cpt. The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. Rule 803(2), Ala. R. 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. In deciding whether there is sufficient evidence to support the verdict of the jury and the judgment of the trial court, the evidence must be reviewed in the light most favorable to the prosecution. Steve Thornton who was a critical state witness: he testified, in depth, concerning the investigations into the 2006 and the 2008 fires at the Scotts' houses and was the evidence custodian. It states 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. In my opinion, there may well be cases in which the defendant is unable to prove that the State acted in bad faith but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. Any lost receptacle was done unintentionally or negligently. Finally, it was also evaluated that the house was set on fire by Christie to get the insurance money. It was his opinion that the fire originated in the television cabinet. 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. In the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. We went to sleep. denied, 368 So.2d 877 (Ala.1979).. 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. In Briggs v. State, 549 So.2d 155 (Ala.Crim.App.1989), the defendant was convicted of arson and argued on appeal that the circuit court erred in admitting evidence of two earlier fires for which he had never been charged. WebChristy Scott - @christyscott5934 I am a young singer/songwriter hailing from the North East coast of Scotland. The remoteness in time and dissimilar nature of these fires would keep these fires from falling under any exception under 404(b). 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. Cpt. In a prosecution for murder, evidence of former acts of hostility between the accused and the victim are admissible as tending to show malice, intent, and ill will on the part of the accused. In Ex parte D.L.H., 806 So.2d 1190 (Ala.2001), the Alabama Supreme Court stated: When one party opens the door to otherwise inadmissible evidence, the doctrine of curative admissibility provides the opposing party with the right to rebut such evidence with other illegal evidence. McElroy's Alabama Evidence, 14.01, p. 49 (5th ed.1996). Outlet number 5 remained intact, he said, and was not removed from the wall. In rebuttal, the State presented the testimony of Jim Hananah with the State Fire Marshal's Office. 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). A defendant in a capital-murder case is entitled to an individualized sentencing determination. Found 383 people named Scott Christie along with free Facebook, Instagram, Twitter, and TikTok profiles on PeekYou - true people search. [2428,] 2443, 153 L.Ed.2d 556 [ (2002) ]. 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. Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. Mason Scott, six years old the time of his death. Testimony showed that Bray had been called in the middle of the night to come to his daughter's house because her house was on fire. at 1571 (Ginsburg, J., dissenting). The jury may have given too much weight to the mitigating factor of the emotional testimony of family and friends of [Scott]. The record shows that Scott requested jury instructions concerning the spoliation of evidence. The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504, 115 S.Ct. Kirk Berryman, a former agent with Farm Bureau Insurance, testified that in February 2005 he sold the Scotts insurance for their home on Steel Frame Road in the amount of $116,000. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.. 304 (1909) ] all involved only one juror, those cases can be distinguished. After the trial court instructed the jury in the penalty phase, Scott objected, stating that the court failed to give her requested instruction that the death penalty was never a required punishment. Scott next argues that evolving standards of decency have rendered Alabama's method of executionlethal injectionunconstitutional. Thornton testified that outlet number 3 had been in his possession, that he had sent the outlet to the defense expert, that the outlet was returned to him, that he had until trial believed that the outlet was not from Mason's bedroom, and that he realized after examining all the numerous photographs that the outlet was in fact outlet number 3 from Mason's bedroom. Entered as a Court exhibit and that it would give Scott 's phone number, address, and was admissible. Thomas Court stated: the trial Court ( 5th ed.1996 ) ( )... Fire originated in the Downtown Mount Vernon, NY in the room against Scott was convicted of murder. 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