indicated that she was impartial, that she could follow the law, and that she could apply the law to the facts of the case. 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. 4256.). Melissa Lucios Daughter Death May Have Been Accidental. 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. I spent 6 years at Allied to earn a living and pay my way This Court has stated the following when addressing a Mills claim: The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. : [Defense counsel]: And are you telling us that you don't think you would be able to sit and hear this case? 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. To do so was reversible error. On relocating to California in the WebView the profiles of people named Christie Michelle. 351, 107 L.Ed.2d 338 (1989).. The Delaware court noted that prior to Youngblood, it had employed a three-factor analysis to decide due process claims arising out of lost or destroyed evidence. The life the prosecutor posited for the victim if she had lived was a conventional one. WebFound 123 results for. (R.1927.) 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. Malone said that Scott then said: How am I going to tell Jeremy that I have let his baby die? (R. As I went to sleep, the house was fine. Heavy weight is placed on the jury's recommendation. 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. 79496.) The prosecution was entitled, on redirect, to further explore matters elicited during cross-examination by defense counsel. Mangione v. State, 740 So.2d 444, 455 (Ala.Crim.App.1998). That approach is based on the premise that fundamental fairness, as an element of due process, requires the State's failure to preserve evidence that could be favorable to the defendant [t]o be evaluated in the context of the entire record. Hammond, 569 A.2d at 87 (quoting United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct. 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. The Alabama Supreme Court, in setting aside the death sentence, stated: [T]he death penalty should be carried out only after this Court has found it appropriate to do so by independently weighing the aggravating and mitigating circumstances. Ex parte Hays, 518 So.2d 768, 780 (Ala.1986) (opinion on rehearing). Cpt. In my room I had turned the light on over the toilet for Noah Riley. The circuit court denied the motion. Conley v. State, 354 So.2d 1172, 1179 (Ala.Cr.App.1977). 877, 357 N.E.2d 1320 (1976). 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. Scott next argues that the circuit court erred in allowing James Munger to be qualified as an expert in fire science. Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. White v. State, 546 So.2d 1014, 1017 (Ala.Crim.App.1989). Those jurors who indicated that they thought Scott was guilty said during voir dire examination that they either did not understand the question or the court system and that they could follow the court's instructions. 1126.) Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. And for it not to trip a breaker or not to cause problems, and I still have electricity over here in receptacle number five.. WebView the profiles of people named Christie Scott. Obviously, as Huddleston and [United States v.] Beechum [, 582 F.2d 898 (5th Cir.1978),] make clear, the trial judge's function is to determine only the presence of sufficient evidence to support a finding by the jury that the defendant committed the similar act, id. Unlike the circumstances presented in Carroll, in this case, the victim and Scott were members of the same family. Ninety percent is a very high [carbon monoxide] level. The Alabama Supreme Court in Ex parte Belisle held that Alabama's method of imposing death by lethal injection, a three-drug protocol, did not violate the Eighth Amendment to the United States Constitution. He went to the Scott residence and examined the fire scene. Cpt. Web1. Tyson v. State, 784 So.2d 328, 351 (Ala.Crim.App.2000). Scott asserts that because the record showed probable prejudice in regard to juror A.K., the circuit court erred in denying her motion to remove A.K. 504, 580 N.E.2d 130 (1991). 408.) Scott did not object to Greenhill's testimony. See also Mason v. State, 259 Ala. 438, 66 So.2d 557 (1953); and Govan v. State, 40 Ala.App. In Ex parte Taylor, 808 So.2d 1215 (Ala.2001), the Alabama Supreme Court considered the scope of 13A547(e), Ala.Code 1975, when it evaluated the legality of Taylor's death sentence after the jury recommended, by a vote of 7 to 5, that Taylor be sentenced to life imprisonment without the possibility of parole. Ex parte Taylor was the first case to hold that when a circuit judge chooses to override a jury's recommendation of life imprisonment without the possibility of parole, the judge must set out specific reasons for giving the jury's recommendation the consideration that it did. 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. Also, at 1:04 a.m. on the morning of August 16, 2008, the computer showed that a user accessed the site boaterexam.com. Christie Michelle Bray Scott was born in 1978 and lived in Alabama in Russellville. 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. The circuit court overruled the objection. The Court is a great believer in the jury system and following the jury when at all possible. Several years later in Ex parte McNair, 653 So.2d 353 (Ala.1994), the Supreme Court limited its holding in Thomas and stated: McNair did not ask to see, and was not denied access to, the prosecutor's notes that had been prepared by law enforcement officials. The following occurred during voir dire questioning: [Prosecutor]: [Y]ou said that if there is a murder or a death, there should always be the death penalty. When she came to the door, I handed Noah Riley to her, told her to dial 911 that the house was on fire. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. It was his opinion that the fire was incendiary, which he explained, is a fire intentionally set by someone. See In re Std. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? Thus, the requested instruction was more stringent than Alabama law. Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. based on experience alone and need not have any special education or training.). Scott first argues that the circuit court erred in denying her motion to remove juror K.B. I'm going to excuse him based on the fact he tells me he can't be fair and impartial based on what he knows. The circuit court committed no error in allowing the venire to be death-qualified. When reviewing a trial court's instructions, the court's charge must be taken as a whole, and the portions challenged are not to be isolated therefrom or taken out of context, but rather considered together. Self v. State, 620 So.2d 110, 113 (Ala.Cr.App.1992) (quoting Porter v. State, 520 So.2d 235, 237 (Ala.Cr.App.1987)); see also Beard v. State, 612 So.2d 1335 (Ala.Cr.App.1992); Alexander v. State, 601 So.2d 1130 (Ala.Cr.App.1992).. 2885, 81 L.Ed.2d 847 (1984); Murphy v. Florida, 421 U.S. 794, 95 S.Ct. 's daughter worked at the hair salon used by the Scott family, because A.K. Although motive is not an element of first-degree murder, it is evidence of intent. (2) Materiality of the lost outlet. 1583.). 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). [S.S.]: I would be fair, but I think I knowI mean, I just feel that I know too much or I've heard too much. Jeremy and Christie Scott were the beneficiaries of the policies, Robinson said. Brian Shackelford of the City of Russellville Police Department testified that when Scott's family arrived at the scene of the fire, Scott got out of the ambulance to meet them. The record shows that four witnesses testified concerning Scott's disciplining Mason in their presence. 808 So.2d at 1219. See also McCray, supra; Phillips v. State, 65 So.3d 971 (Ala.Crim.App.2010). Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. 2031, 44 L.Ed.2d 589 (1975); Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. When she got back to the front door, she said, Scott told her that her other son, Mason, was still in the house. Whenever the sufficiency of evidence is in question, the evidence must be reviewed in the light most favorable to the State. Specifically, Scott argues that the court misapplied Rule 404(b), Ala. R. The Court: Okay. And, again, if the fire had started in that box, this would have melted and it would have been consumed. (R. 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. 1260.) The record shows that the State called Munger to testify concerning the origin of the fire. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). (1976)) (emphasis added). WebInnocence. Her son was six years old who died because of this fire and thermal burns. 864. Youngblood, 488 U.S. at 5758, 109 S.Ct. at 2534. It says, I have to have electricity present when that occurred. Join Facebook to connect with Christie Scott and others you may know. Concurring in the judgment, Justice Stevens wrote: [A]lthough it is not possible to know whether the lost evidence would have revealed any relevant information, it is unlikely that the defendant was prejudiced by the State's omission. The Alabama Supreme Court in Ex parte C.L.Y., 928 So.2d 1069 (Ala.2005), stated the following concerning this exception to the hearsay rule: [S]trict contemporaneity should not be required between the statement and the occurrence in order for the declaration to qualify for the present hearsay exception. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. After several appeals, the case is still the same, and she is still on death row. Residual doubt is not a factor that should be used in the sentencing portion of the case; however, the jury may have considered this. 972, 977 (1914). The circuit court allowed the statement to be received into evidence over Scott's objection. Turner v. State, 160 Ala. 55, 57, 49 So. B.H. See also Jones v. McCaughtry, 775 F.Supp. Later, after prospective jurors were struck based on their failure to meet certain statutory qualifications, the circuit court stated: [A]s I told you earlier, I will accommodate you in any way, my staff will, Anita Scott will. Scott asserts that the admission of this evidence violated Rule 404(b), Ala. R. Evid. B.H. However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. In fact, our research has uncovered only a very few cases in which relief was granted on the basis of presumed prejudice. Coleman v. 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