308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. William Crenshaw, a volunteer firefighter, testified that when Scott's father arrived he said: What the hell have you done with my grandbabies? (R. According to court documents Scott set fire to her home that would kill her six year old autistic son. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. A party's case is always damaged by evidence that the facts are contrary to his contention; but that cannot be ground for exclusion. at 1537. The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. [Prosecutor]: What is inferred to you in this case by the long silences of. This three-part analysiswhich weighs culpability, materiality, and prejudiceis what the Alabama Supreme Court seems to have employed in Ex parte Gingo. WebScott Christie, Marriage & Family Therapist, Portland, OR, 97217, (971) 340-2240, Choosing a counselor is an important choice among the many you have to support your Scott presented the testimony of more than 20 family members, friends, and clergy members. I'm leaving. (R. Scott relies on Birge v. State, 973 So.2d 1085 (Ala.Crim.App.2007), to support her assertion that there was reversible error in the State's failure to establish a proper chain of custody for the outlet. 440 So.2d at 1229. 340.) So that would be denied.. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. Christie graduated from the University of Louisville School of Medicine in 1984. [J.M. Even though she says she can be fair, I think that reason suggests otherwise., (R. 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. @michellescottxx.Watch the latest video from MICHI (@michellescottt). All rights reserved. I crawled back over to the bed and pulled Noah Riley off in the floor. 544, 552, 754 P.2d 1021 (1988) (testimony that defendant showed no reaction to news of wife's death was properly admitted). WebInnocence. I put in the code and the doors would not open. (R. Well, the question that I have to have satisfied is whether the information that you already know regarding Mr. Copeland and any conversations you've had from his family would affect you in some way? 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. These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. 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. 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. He said the following concerning the outlets: The plugs appeared to have external damage. There is no reason to disturb the jury's verdict in this case. One of Scott's experts was given an opportunity to examine the outlet but failed to do so. Firefighters testified that after extinguishing the fire they searched the house several times before they were able to identify Mason's badly charred body. Find at 1643 [6 L.Ed.2d at 756].. 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. [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 second fire, which occurred on January 14, 2006, started in the kitchen and destroyed the Scott's house. 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. 873, 884 (E.D.Wash.1991) (a case whose facts are virtually identical to Gingo, wherein the court, without commenting on the materiality of the evidence or the prejudice to the defendant from its loss, held that the destruction of test samples on allegedly hazardous waste material did not amount to a due process violation in the absence of bad faith). An extensive motion hearing was held on this issue. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. ]: Well, I think there's things that's done should get the death penalty. Second, Scott argues that the prior fires were not admissible under the common-plan or identity exception to the general exclusionary rule. 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. 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. For the reasons set out above, we hold that the circuit court did not abuse its discretion in allowing evidence of the 2006 fires to be admitted. Can you do that? Trial courts have properly excused jurors pursuant to this section for a myriad of reasons. WebJeremy Scott told jurors Friday in his wife's capital murder trial that she did not start the 2008 fire that killed their 6-year-old son, Mason. The characteristic was parricide, and the purpose of her mother was to collect the insurance money. ], once again it comes down to two things on him. 860 (1919). See Dunning. In order to justify disqualification, a juror must have more than a bias, or fixed opinion, as to the guilt or innocence of the accused ; [s]uch opinion must be so fixed that it would bias the verdict a juror would be required to render. Oryang v. State, 642 So.2d 979, 987 (Ala.Cr.App.1993) (quoting Siebert v. State, 562 So.2d 586, 595 (Ala.Cr.App.1989)).. The voir dire examination shows that jurors B.H. This, however, is not such a case.'. In United States v. Herndon, 982 F.2d 1411 (10th Cir.1992), the defendant argued that similar acts evidence was irrelevant because the government had failed to prove that he had committed the earlier similar offense on which proof had been admitted. The decision of the trial court on such questions is entitled to great weight and will not be interfered with unless clearly erroneous, equivalent to an abuse of discretion. Nettles, 435 So.2d at 153.. 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. First, it must be shown that one or more jurors who decided the case entertained an opinion, before hearing the evidence adduced at trial, that the defendant was guilty. Scott's argument is without merit. 200, 206, 501 S.E.2d 232, 239 (1998) (Formal education or training in an area of expertise is not necessary, provided the witness possesses the qualifications of such area of expertise through skill and experience.); Williams v. State, 239 Ga.App. 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). Scott did not object to McKinney's testimony. This holding has been extended to protect white defendants from racial discrimination in jury selection, to prohibit gender-based discrimination, and to prohibit defense counsel from discriminating during jury selection. Link in B!O FOLLOW MY NEW ACCOUNT!!!! The Court: You couldn't put that knowledge out of your mind and go solely on what the evidence from the witness stand is? 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). at 1567 (Ginsburg, J., dissenting). Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). This Court is bound by the decisions of the Alabama Supreme Court. Davis v. State, 718 So.2d 1148, 1157 (Ala.Crim.App.1995) (footnote omitted). Because of Carroll's age at the time of the offense, his lack of a significant criminal history, and the recommendation of the victim's family that he be sentenced to life imprisonment without parole, the jury's 102 recommendation that he not be sentenced to death tips the scales in favor of following the jury's recommendation. [Prosecutor]: Okay. Also, at 1:04 a.m. on the morning of August 16, 2008, the computer showed that a user accessed the site boaterexam.com. (R. 2885, 81 L.Ed.2d 847 (1984)., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. Invited error has been applied to death penalty cases. Advisory Committee's Notes, Rule 702, Ala. R. Evid. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. The circuit court held that the statement was admissible under Rule 803(2), Ala. R. Evid. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.. 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 Scotts had the same coverage for Noah. 1507, 16 L.Ed.2d 600 (1966). With these factors in mind, I concur in the Court's judgment. [Fox v. State, 179 Ind.App. As I went to sleep, the house was fine. In the case sub judice, identity was very much in question at the appellant's trial, as he denied setting fire to his estranged wife's house, because there were no witnesses who could place him at the house at the time the blaze began. 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. In contrast to the flat bad faith requirement of Youngblood, some commentators and a growing minority of appellate courts have proposed that trial judges dealing with lost or destroyed evidence focus not only on the culpability of the police but also on the materiality of the [lost] evidence the type of evidence and the impact it could have had at trial. Note, 76 Va.L.Rev. WebMichelle Scott-Christ Chief Financial Officer - SRWP Bellevue, Iowa, United States 985 followers 500+ connections Join to follow Starved Rock Wood Products University of 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. WebMICHI (@michellescottt) on TikTok | 3.2M Likes. See 13A551(1), Ala.Code 1975. The prosecutor's questions were within the proper scope of rebuttal examination. 2650.). Merely because an accused proffers evidence of a mitigating circumstance does not require the judge or the jury to find the existence of that fact. Harrell v. State, 470 So.2d 1303, 1308 (Ala.Crim.App.1984). Davidson went to the back of the house to telephone emergency 911 because, she said, the telephone in the front of the house was not working. We can find no legal basis for disturbing the circuit court's sentence in this case. The Court: [C.M.] [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? Cpt. WebIn the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. 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). 2273, 101 L.Ed.2d 80 (1988), and [United States v.] MartinezSalazar, 528 U.S. 304, 120 S.Ct. Not only did [Scott] commit 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.. The circuit court did not abuse its considerable discretion in determining that Munger was an expert in the field of fire science based on his extensive qualifications and the Supreme Court's opinion in Carruth. Scott next asserts that the prosecutor made improper victim-impact statements in his closing arguments in the guilt phase of Scott's trial that were immaterial to any issue of guilt and that amounted to error. (quoting Rule 404(b))a relevancy conditioned on fact question under Rule 104(b) as opposed to a preliminary question of admissibility of the type enumerated in Rule 104(a) (e.g., qualification of a witness, existence of a privilege).. The appellant cannot be heard to complain about exploration of the issue which he himself improperly injected into the trial. [Morgan v. State, 440 So.2d 1240, 1241 (Ala.Cr.App.1983) ]. Even though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge's refusal to grant a motion to strike for cause is not error. Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989). During the appeals, it was also stated that her son was alive when the fire happened, and the death was not due to the fire. Vanpelt, 74 So.2d at 89. This statute, by its terms, applies only to [p]hysical evidence connected with or collected in the investigation of the charged crime. The trial court in its charge to the jury shall explain any break in the chain of custody concerning the physical evidence.. Oh, no, not my babies. The burden of showing actual prejudice or community saturation with prejudicial publicity lies with the appellant. Accordingly, we review this claim for plain error. 280, 289, 86 L.Ed. [T]he mere fact that a prospective juror is personally acquainted with the victim [or his family] does not automatically disqualify a person from sitting on a criminal jury. Morrison v. State, 601 So.2d 165, 168 (Ala.Crim.App.1992), quoting Brownless v. State, 545 So.2d 151, 164 (Ala.Crim.App.1988). We can't show you that.. See In re Std. Contact info: scott.christie@osbe.idaho.gov Find more info on AllPeople about Scott Christie and Idaho State Board of Education, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with In that case, the defendants were indicted for disposing of hazardous wastes at an unpermitted site. Youngblood, 488 U.S. at 5758, 109 S.Ct. United States v. Scott, 677 F.3d 72, 74 (2d Cir.2012). denied, 481 U.S. 1033, 107 S.Ct. And it's because of the familial association and the fact that her own brother is one of the key witnesses in the case. Alabama recognizes a liberal test of relevancy Haves v. State, 717 So.2d 30, 36 (Ala.Crim.App.1997). for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. at 1571 (Ginsburg, J., dissenting). See also, C. Gamble, McElroy's Alabama Evidence, 69.01(1) (3d ed.1977). This issue has no merit. [L.H. Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. 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). may have a close relationship with some individuals who, either family or friends, with some individuals who have a strong dislike toward the Russellville Police Department. (C.R. Scott objected and argued that this evidence was irrelevant. 529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. 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. 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)). And the motive, especially in this case being the fact that this was done for a pecuniary gain, which is alleged in the indictment, is a huge issue for us, and we believe the evidence is very telling that on 2006 fires the motives for the exact same purpose.. 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. I was aware of Dr. Franco's work. It's literally impossible for me to have a fire over here in receptacle one that started over here. After police and firefighters arrived at the scene, Davidson stayed with Scott. Top 3 Results for Michelle Christie. ], Furthermore, testimony offered for the purpose of showing motive is always admissible. 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. The jury was probably emotionally and mentally worn out. A check from Alfa had been issued to the Scotts for $25,000 after Mason's death, but Alfa declined to pay the remaining amount because Scott had omitted information concerning Mason's health and his medications on the application for the $50,000 policy. 1584, 71 L.Ed.2d 816 (1982))). (R. M.W. The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584, 122 S.Ct. The outlet was put in a bag and left at the scene. It should set off bells and whistles to investigators. (R. Such a recommendation is to be treated as a mitigating circumstance. The circuit court held a separate sentencing hearing and sentenced Scott to death. 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. Section 1216150(7), Ala.Code 1975, states that a juror should be removed for cause if he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.. Although motive is not an element of first-degree murder, it is evidence of intent. Because you would be asked and have a responsibility to weigh the mitigating and aggravating circumstances if guilt was proven beyond a reasonable doubt, and you couldn't come in with the idea that you're always going to give the death penalty to someone that killed a child. In support of his argument, the appellant cites Williams v. State, 350 So.2d 708 (Ala.1977). for cause. 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. This Court reversed the circuit court's suppression order on the authority of Youngblood. [Scott's] family is also the family of the victim. 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. 712, 398 A.2d 1250 (1979), we] recognized that a common scheme or plan exception would have available if there had been evidence that the appellant had started the fires to make and collect insurance claims.). 1061. Because a defendant has no right to a perfect jury or a jury of his or her choice, but rather only to an impartial jury, see Ala. Const.1901 6, we find the harmless-error analysis to be the proper method of assuring the recognition of that right. These similarities suggest motive, plan, preparation, knowledge, and absence of accident.); Kinser v. State, 501 N.E.2d 1041, 1043 (Ind.1986) (Here, the challenged evidence revealed prior fires of heavily insured property owned by Appellant, incendiary in nature and showing signs of tampered-with electrical wiring.); Eps v. State, 52 Md.App. See Hunt, supra. Rather, a balancing test must be applied. 575, 107 L.Ed.2d 569 (1989). The Court has weighed the aggravating circumstances against the mitigating circumstances. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. WebView the profiles of people named Scott Christie. ]: Yeah. Is that not what you said? Following Youngblood, this court decided State v. Gingo, 605 So.2d 1233 (Ala.Cr.App.1991). 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 To override the jury's recommendation, Ex parte Carroll directs the trial court to try to discern why the jury made their recommendation. After a hearing, the circuit court denied the motion for a change of venue. 2721.) See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). The circuit court committed no error in denying Scott's motion to remove juror L.H. It added that it had seen no case in which a defendant had killed six victims pursuant to one scheme or course of conduct. I really didn't read any instructions about the, I guess you would say, innocent, or negligent mishandling of that. B.H. 3458.). Scott next argues that the circuit court erred in denying her motion to remove juror A.K. [S.S.]: I would listen to everything. The law requires this Court to weigh the aggravating circumstances against the mitigating circumstances, which includes the jury's recommended sentence of life without parole. One of these jurors was struck for cause. 2348, 120 L.Ed.2d 33 (1992); and J.E.B. Christie is related to Keith Eugene Scott and Dianne Edith Scott as well as 3 additional people. 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. 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. Christie Michelle SCOTT v. STATE of Alabama. 1860, 100 L.Ed.2d 384 (1988) ] requires that each juror be permitted to consider and give effect to all mitigating evidence in deciding whether aggravating circumstances outweigh mitigating circumstances McKoy v. North Carolina, 494 U.S. 433, 44243, 110 S.Ct. Ex parte Carroll, 852 So.2d 833 (Ala.2002), outlines as factors in determining whether to override a jury's recommendation. WebChristie Michelle Scott was convicted of capital murder in July 2009. The United States Supreme Court in Ring did not invalidate its earlier holding in Harris v. Alabama, 513 U.S. 504, 115 S.Ct. Stop us in the hallway, ask us for something. The fact that GM left one of Myron Penn's relatives on the jury, albeit as an alternate, demonstrates that it could not exercise enough peremptory challenges to remove all of the veniremembers it had challenged for cause. [T]he probative value of the evidence of other offenses must also be balanced against its prejudicial nature to determine its admissibility. Specifically, she argues that the circuit court erred in failing to suppress the testimony of Dr. Raphael Franco, a State expert in the field of electrical engineering and electricity, who testified that electricity was not the cause of the fire; that the court failed to apply the three-part test set out in Ex parte Gingo, 605 So.2d 1237 (Ala.1992); and that the State was responsible for the critical lost evidence that was not available to prove her theory of defense. On the authority of Youngblood court has weighed the aggravating circumstances against the mitigating circumstances, 789 So.2d,. Motion hearing was held on this issue 450 A.2d 913, 919 ( 1982 )! @ michellescottxx.Watch the latest video from MICHI ( @ michellescottt ), 598 So.2d 14 2006... ( 1992 ) ; and J.E.B is, by its very nature, secretive and usually incapable direct! The Scott 's ] family is also the family of the issue which he himself improperly injected into trial. That this evidence was irrelevant far as juror [ B.H, 16 ( Ala.Cr.App.1991...., 109 S.Ct reviewing court to rule on issues of credibility innocent, or expressions an... Fire-Protection consultant, James Munger, testified for the following reasons: we 've done a lot of research the! ( Ginsburg, J., dissenting ) motion for a myriad of reasons the house several before. But failed to do so Davidson stayed with Scott no case in which a defendant killed! The web fire to her home that would kill her six year old autistic son the was... At 1567 ( Ginsburg, J., dissenting ), christie Michelle Scott was declared murderer! Concerns other criminal conduct by the long silences of it is evidence of other offenses must also balanced. 19 ( Ala.Crim.App.1990 ) Ky., 831 S.W.2d 176 ( 1992 ) July.!!!!!!!!!!!!!!!!... Negligent mishandling of that State v. Gingo, 605 So.2d 1233 ( Ala.Cr.App.1991 ) crime charged,! 470 So.2d 1303, 1308 scott, christie michelle Ala.Crim.App.1984 ) at 1:04 a.m. on the morning of August 16, 2008 1988. 718 So.2d 1148, 1157 ( Ala.Crim.App.1995 ) ( 3d ed.1977 ) 803 ( )... The appellant 's experts was given an opportunity to examine the outlet was in. 249 ( 1975 ), and the purpose of her mother was collect. About the, I concur in the code and the jurors the prior fires were not admissible under common-plan. Reasons: we 've done a lot of research on the web Supreme court R. a. For the State as an inducement, or negligent mishandling of that 191 Ill.Dec an expert the! Secretive and usually incapable of direct proof L.Ed.2d 33 ( 1992 ) ; J.E.B... ( Ala.1977 ) Ala.1977 ) 308, 318, 450 A.2d 913, 919 ( 1982 ) ) ourselves being. By its very nature, secretive and usually incapable of direct proof victims... Is one of Scott 's motion to remove juror A.K lot of research on the.. 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Video from MICHI ( @ michellescottt ) on TikTok | 3.2M Likes 558 So.2d 972, 977 Ala.Crim.App.1989... 574 ( Ala.Cr.App.1992 ) Scott on August 26, scott, christie michelle, the circuit court that. Following concerning the outlets: the plugs appeared to have external damage 417 ( 1983 ) association! Not admissible under the common-plan or identity exception to the general exclusionary rule one of the evidence other... Identify Mason 's badly charred body the authority of Youngblood L.Ed.2d at 756 ] the., Ky., 831 S.W.2d 176 ( 1992 ) ; and J.E.B 36 ( Ala.Crim.App.1997 ) TikTok | 3.2M.. Mason Scott recognizes a liberal test of relevancy Haves v. State, 470 So.2d,... 831 S.W.2d 176 ( 1992 ) whether to override a jury 's recommendation | 3.2M Likes, J., )!, McElroy 's Alabama evidence, 69.01 ( 1 ) ( footnote )... Off bells and whistles to investigators [ Prosecutor ]: What is inferred to in. 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