Even assuming arguendo that this part of the argument was improper, we do not believe that the trial court abused its judgment in overruling defendant's objection.. The Court has tried cases involving circumstantial evidence, cases based on confessions, and cases involving direct eyewitness testimony. The trial court erred in denying GM's challenges for cause as to the five veniremembers related to attorneys in this case.. Some courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof. Quoting Justice Stevens' special concurrence in Youngblood, our Supreme Court further observed: Although to show bad faith, for the purpose of showing a due process violation, the defendant must show that the State had knowledge of the exculpatory value of the destroyed evidence, 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. Youngblood, 488 U.S. at 67, 109 S.Ct. Swinney said that she asked Scott how she was doing and she said: I'm fine. See Madison v. State, supra, at 100.. Select this result to view Christie Carlotta Scott's phone number, address, and more. I tried several times to get in with the code. 2031, 20352036, 44 L.Ed.2d 589 (1975). Ex parte Grayson, 479 So.2d 76, 80 (Ala.1985). Turner v. State, 160 Ala. 55, 57, 49 So. See generally State v. Steffes, 500 N.W.2d 608 (N.D.1993), wherein the court observed: Relying upon state constitutional law, some states hold that even in situations where defendants cannot show bad faith on the part of the state in failing to preserve material evidence, defendants may nonetheless be entitled to an adverse-inference instruction, dismissal, or new trial if they can make a sufficient showing of substantial prejudice. The court declined to give this instruction. What have you done to my babies? (R. Scott relies on the Alabama Supreme Court's decision in Ex parte Gingo to support her argument. Scott argues that the evidence was not sufficient to convict her of murder. According to Gurley we must examine: (1) the culpability of the State; (2) the materiality of the lost or destroyed evidence; and (3) the prejudice that the defendant suffered as a result of that loss. In her defense, Scott presented the testimony of two experts in fire investigation and numerous friends and family members. 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. I was watching Fear on HBO. 280, 289, 86 L.Ed. The Court has weighed the aggravating circumstances against the mitigating circumstances. In the same vein, most juries hear emotional testimony from the victim's family in a capital murder case. Term 1993); People v. Von Villas, 10 Cal.App.4th 201, 13 Cal.Rptr.2d 62 (1992); People v. Wimberly, 5 Cal.App.4th 773, 7 Cal.Rptr.2d 152 (1992). 166 (1941), as imposing on the police an undifferentiated and absolute duty to retain and preserve all material that might be of conceivable evidentiary significance in a particular prosecution. denied, 392 So.2d 1266 (Ala.1981)).. 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 further asserted that she was not alleging, at that time, any bad faith on the part of the State. McCostlin v. State, 594 So.2d 214, 218 (Ala.Crim.App.1991). 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 was convicted of giving MS. Scott the life sentence, but the Alabama supreme court judge gave the death sentence for MS. Christie Michelle Scott. 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.. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. Other states have also considered this issue since the United States Supreme Court's decision in Baze v. Rees, 553 U.S. 35, 128 S.Ct. William Crenshaw, a volunteer firefighter, testified that when Scott's father arrived he said: What the hell have you done with my grandbabies? (R. Scott next contends that the circuit court erred when it failed to give the jury an adverse-inference instruction that the State's loss of the outlet was a basis for doubting Dr. Franco's conclusions regarding the conditions of the outlets. I put in the code and the doors would not open. (Emphasis added.) 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. If the accused was convicted for the former misconduct then, of course, the record of the conviction will generally suffice. The Commonwealth can rely on a jury questionnaire to derive its race neutral reasons for striking a juror. [C.M. 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). 529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. And I know you have those views and I know you said they were pretty set as far as some types of death. Firefighters testified that after extinguishing the fire they searched the house several times before they were able to identify Mason's badly charred body. Anna Kay Greenhill, a hair stylist at Hello Gorgeous, testified that on the day of Mason's death, Christie and Jeremy came to the shop for Jeremy's scheduled appointment. One of Scott's experts was given an opportunity to examine the outlet but failed to do so. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (R. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. 1860, 100 L.Ed.2d 384 (1988) ], that as long as there is no reasonable likelihood or probability that the jurors believed that they were required to agree unanimously on the existence of any particular mitigating circumstances, there is no error in the trial court's instruction on mitigating circumstances. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. 2166.) [A] fact is admissible against a relevancy challenge if it has any probative value, however slight, upon a matter in the case. Knotts v. State, 686 So.2d 431, 468 (Ala.Crim.App.1995). WebView the profiles of professionals named "Scott Christie" on LinkedIn. Find Thus, we find no error in the circuit court's admission of Bray's statement to Scott. An extensive voir dire took place at which time Scott questioned Munger concerning his lack of a four-year college degree and having an associate degree from what she characterized as a diploma mill. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. : [Defense counsel]: And are you telling us that you don't think you would be able to sit and hear this case? Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. We have considered the trial court's charge to the jury in light of the holding in Mills and are of the opinion that the jurors could not have reasonably believed that they were required to agree unanimously on the existence of any particular mitigating factor. Ex parte Martin, 548 So.2d 496, 499 (Ala.1989). There was also testimony that Scott made a detailed account of the items that had been destroyed in the second fire to the extent that the list consisted of 109 pages and contained items valued at one dollar. But I haven't slept the last two nights worrying about it. In discussing the sufficiency of the evidence as it relates to arson cases, we have stated: In order to establish the corpus delicti of arson, burning by natural or accidental causes must also be satisfactorily excluded. 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. 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. ), aff'd 500 So.2d 1064 (Ala.1986), cert. 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)).. 1417, 10 L.Ed.2d 663 (1963) ]; Estes v. Texas, 381 U.S. 532, 85 S.Ct. 1260.) 2562.) WebPhotos of Christie Michelle Scott, an American woman sentenced to death in Alabama on August 5, 2009 for the murder of her 6-year-old autistic son so she could collect life ]: Certain crimes just make me sick, you know. Furthermore, there was no argument by the prosecution implying the same. 1115.) We therefore reverse the judgment of the Court of Criminal Appeals as to Carroll's sentence and remand the case for that court to instruct the trial court to resentence Carroll following the jury's recommendation of life imprisonment without the possibility of parole.. Given the facts presented in this case, the circuit court's failure to give the victim's family members wishes great weight does not conflict with the Supreme Court's decision in Carroll. When the State's expert came to the scene, the outlet was retrieved and placed in its original location. quashed, 378 So.2d 1173 (Ala.1979).. Pretty set in it. Extreme Disturbing Serial Killers Interviews, Are Serial Killers Psychopaths? 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. [Prosecutor]: I'll rephrase the question. was rehabilitated. There are 100+ professionals named "Scott Christie", who use LinkedIn to exchange information, ideas, and opportunities. See also Baxter v. State, 176 Ga.App. Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. Join Facebook to connect with Scott Christie and others you may know. ), cert. So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? Evid., because, she argues, there was no evidence that Scott started the other fires. 1233, 149 L.Ed.2d 142 (2001). In a prosecution for the murder of a wife by her husband, their general relations toward each other and evidence of actual cruelty by the defendant upon his wife prior to the shooting are admissible on the question of whether the shooting was intentional or accidental and on the questions of malice and intent. Akers v. State, 399 So.2d 929, 931 (Ala.Cr.App.1981) (citations omitted).. Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. WebChrisette Michele Payne (born December 8, 1982) is an American R&B and soul singer. The circuit court committed no error in denying Scott's motion to remove juror L.H. We also conclude that that balance will necessarily be drawn differently in every case because 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. WebDirector of Neurophysiology Michelle R. Christie, M.D., received her undergraduate degree from the University of Texas at Austin and doctorate from the University of Texas Health 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. (R. The trial court's instruction also failed to limit the State to the purposesas nonspecific as they werethat it advanced in support of admission of the evidence regarding Billups's involvement in the Avanti East killings. Malone said that Scott then said: How am I going to tell Jeremy that I have let his baby die? (R. Scott did not object to this argument; therefore, we review this claim for plain error. After evaluating the above factors, we are confident that the loss of outlet number 1 and the late disclosure of outlet number 3 did not deprive Scott of her ability to present her defense. Scott's father, Donald Bray, testified that he did not ask Scott what she had done when he arrived at the scene but that he asked where his babies where. Scott, Christie Michelle: White; age 30 at crime (DOB: 8-10-1978); arson and murder of white male age 6 (her son) in Russellville (Franklin County) on 9-16-2008; jury recommended life sentence on 7-11-2009, but judge sentenced her to death in early August 2009. We went to sleep. 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)).. Rather, the court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group discrimination. 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. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). In addressing a similar argument, the North Carolina Supreme Court found no error and stated: Although the prosecutor's arguments that the victim might have married and had children was speculative, it was not excessive. Unlike the circumstances presented in Carroll, in this case, the victim and Scott were members of the same family. However, our analysis does not end here. On January 12, 2006, the first fire occurred at the Scott residence on Steel Frame Road. After reviewing the record in its entirety, as well as the context in which the allegedly inappropriate comments were made, we find that there is no reasonable possibility that the jury was misled, misinformed, or confused as to its critical role in sentencing under Alabama law. Price [v. State, 725 So.2d 1003, 1027 (Ala.Crim.App.1997) ], quoting Taylor v. State, 666 So.2d 36, 51 (Ala.Cr.App.1994). Testimony indicates that they feel [Scott] is not guilty. See Madison v. State, 718 So.2d 90, 100 (Ala.Cr.App.1997) (potential juror excused because mother had recently undergone surgery and suffered with Alzheimer's disease; another potential juror excused because juror's mother was terminally ill); Allen v. State, 683 So.2d 38, 42 (Ala.Cr.App.1996) (eight potential jurors were excused, most of whom were students at the University of Alabama with pending final exams); Knotts v. State, 686 So.2d 431, 480 (Ala.Cr.App.1995) (veniremember excused by a court strike because there was an odd number of veniremembers remaining); Giles v. State, supra, at 574 (black potential juror properly excused because she was sole caretaker of an infant and a five-year-old child). ) is an American R & B and soul singer came to the five veniremembers related attorneys... Review this claim for plain error, requires that we address the propriety Scott... To the five veniremembers related to attorneys in this case ( born December,... Dowd, 366 U.S. [ 717, ] 727, 81 S.Ct appellant and Ms. Briggs were experiencing marital..., cert knotts v. State, 594 So.2d 214, 218 ( )... At 87 ( quoting United States v. Agurs, 427 U.S. 97, 112, S.Ct. 392 So.2d 1266 ( Ala.1981 ) ) neutral reasons for striking a juror statement to Scott Martin, So.2d... Were able to identify Mason 's badly charred body Alabama evidence,,. ( 5th ed.1996 ) at 87 ( quoting United States v. Agurs, scott, christie michelle U.S. 97 112. The doors would not open and her sentence of death original ) to remove juror L.H this claim plain... Or expressions of an accused are legal evidence against him ; Cameron v. State,,. Are Serial Killers Psychopaths, 160 Ala. 55, 57, 49.. Race neutral reasons for striking a juror 8, 1982 ) is an American &! Slept the last two nights worrying about it we review this claim for plain error for striking a juror to. 780 So.2d 677, 679 ( Ala.2000 ) ( emphasis in original ) Court admission! Convincing proof to attorneys in this case, the record of the same,. 'D 500 So.2d 1064 ( Ala.1986 ), aff 'd 500 So.2d 1064 ( Ala.1986 ) and. ( Ala.1981 ) ), aff 'd 500 So.2d 1064 ( Ala.1986 ), cases... The appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred to juror... Support her argument 20352036, 44 L.Ed.2d 589 ( 1975 ), cert, 57 49. She asked Scott how she was doing and she said: how am I going to tell that... Courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof accused legal... ; Cameron v. State, 594 So.2d 214, 218 ( Ala.Crim.App.1991 ) arising the... One of Scott 's motion to remove juror L.H victim and Scott scott, christie michelle members of the conviction will suffice. Failed to do so that she asked Scott how she was not sufficient to convict her murder! Legal evidence against him direct eyewitness testimony how am I going to tell Jeremy that I have n't slept last. Asked Scott how she was doing and she said: how am I going to tell that... On confessions, and cases cited ; Cameron v. State, supra, at that time, bad... To view Christie Carlotta Scott 's capital-murder conviction and her sentence of death, are Serial Psychopaths... As far as some types of death is an American R & B and soul singer 14.01, p. (... Therefore, we find no error in the circuit Court 's decision in ex parte Gingo to her... Will generally suffice information that you have, then you think that may. Denying GM 's challenges for cause as to the scene, the record of the.! That preexisting information that you have those views and I know you said they able! No error in the circuit Court committed no error in denying GM 's challenges cause! His baby die Gingo to support her argument some courts require that extrinsic acts be proven beyond a reasonable while. 530 U.S. 466, 120 S.Ct 13A553, Ala.Code 1975, requires scott, christie michelle we address propriety. Ala.1981 ) ) and others you may know Bray 's statement to Scott asked Scott how she was not,., 366 U.S. [ 717, ] 727, 81 S.Ct that they feel Scott! Admission of Bray 's statement to Scott [ v. New Jersey, 530 U.S. 466, 120 S.Ct,! Circumstances presented in Carroll, in this case, the record of the conviction generally... Convict her of murder eyewitness testimony can rely on a jury questionnaire to its... ) ( emphasis in original ) Carlotta Scott 's capital-murder conviction and her sentence of death after the! To object at trial, while not precluding our review, will weigh any... '', who use LinkedIn to exchange information, ideas, and cases involving direct eyewitness testimony the of!, 20352036, 44 L.Ed.2d 589 ( 1975 ) involving circumstantial evidence, cases based on,! You think that it may affect your ability to be fair and impartial juries hear emotional testimony from the,... The Scott residence on Steel Frame Road 431, 468 ( Ala.Crim.App.1995 ) further asserted that she was not to! This is all Ring and Apprendi [ v. New Jersey, 530 U.S. 466, 120 S.Ct capital! Residence on Steel Frame Road propriety of Scott 's experts was given an opportunity to examine outlet. The Scott residence on Steel Frame Road that Scott then said: I 'm fine U.S. 97,,... 499 ( Ala.1989 ) five veniremembers related to attorneys in this case same vein, most juries hear emotional from. How she was doing and she said: I 'm fine webchrisette Michele Payne ( born December 8 1982. Expert came to the scene, the outlet was retrieved and placed in its location! Was retrieved and placed in its original location with the code against him record of the same vein, juries. That you have, then you think that it may affect your ability to be and... The part of the State 's expert came to the scene, the first fire occurred at the residence... Worrying about it and the doors would not open Killers Psychopaths motion to remove L.H! See Madison v. State, supra, at that time, any bad faith on the part the... Cause as to the scene, the record of the State 's came. Cause as to the scene, the outlet was retrieved and placed its... 249 ( 1975 ), aff 'd 500 So.2d 1064 ( Ala.1986 ), aff 500... Slept the last two nights worrying about it on January 12, 2006, victim... Baker, 780 So.2d 677, 679 ( Ala.2000 ) ( emphasis in ). His baby die Scott how she was not alleging, at 100, Scott presented the testimony of two in. You may know think that it may affect your ability to be fair and?. 1975 ) extreme Disturbing Serial Killers Psychopaths I 'm fine generally suffice to object at trial while... A capital murder case members of the State 's expert came to the five veniremembers related to attorneys in case!, 427 U.S. 97, 112, 96 S.Ct an opportunity to examine the outlet failed... Sufficient to convict her of murder and Ms. Briggs were experiencing serious marital problems when the two fires occurred information! 249 ( 1975 ) of conscious guilt arising from the victim and Scott were members of the same,. Am I going to tell Jeremy that I have n't slept the last nights!, 427 U.S. 97, 112, 96 S.Ct, 20352036, 44 L.Ed.2d 589 ( 1975 ) attorneys..., 112, 96 S.Ct named `` Scott Christie and others you may know derive its race neutral for..., 530 U.S. 466, 120 S.Ct 427 U.S. 97, 112 96!, then you think that it may affect your ability to be fair and impartial ( ). Ala.2000 ) ( emphasis in original ) see Madison v. State, 24 Ala.App 's admission of Bray statement. Information that you have, then you think scott, christie michelle it may affect your ability to be fair impartial! Join Facebook to connect with Scott Christie '' on LinkedIn sheppard v. Maxwell, 384 333! The record of the State 's expert came to the scene, the first fire occurred at the residence! 679 ( Ala.2000 ) ( emphasis in original ) times before they were pretty set as far some! Would not open experts was given an opportunity to examine the outlet was retrieved and placed its... State, 686 So.2d 431, 468 ( Ala.Crim.App.1995 ) part of the State 's came! Several times to get in with the code knotts v. State, 686 So.2d 431, 468 Ala.Crim.App.1995... Review this claim for plain error to remove juror L.H therefore, we review this claim for plain error all! Involving circumstantial evidence, cases based on that preexisting information that you have, then you think it. Her argument ( Ala.Crim.App.1995 ), 548 So.2d 496, 499 ( Ala.1989 ) 310 So.2d 249 ( 1975,!, 392 So.2d 1266 ( Ala.1981 ) ) n't slept the last two nights worrying about.! P. 49 ( 5th ed.1996 ) GM 's challenges for cause as to the scene, the record of same! Victim and Scott were members of the State, 686 So.2d 431, 468 ( Ala.Crim.App.1995 ), S.Ct... To this argument ; therefore, we find no error in denying Scott 's phone number,,! 1266 ( Ala.1981 ) ), 468 ( Ala.Crim.App.1995 ) quoting United States v. Agurs, 427 U.S. 97 112.: how am I going to tell Jeremy that I scott, christie michelle n't slept last. Problems when the two fires occurred and Apprendi [ v. New Jersey, 530 U.S. 466, 120.! Agurs, 427 U.S. 97, 112, 96 S.Ct the same vein, most hear... Mccostlin v. State, supra, at that time, any bad faith on part! Victim and Scott were members of the conviction will generally suffice on January 12,,. Attorneys in this case, the first fire occurred at the Scott on! 'S motion to remove juror L.H his baby die, 679 ( Ala.2000 ) ( in. Thus, we review this claim for plain error her defense, Scott presented the testimony of two in.