874.) The circuit court's order sentencing Scott to death, states, in part: The final non-statutory mitigating factor is the jury's recommendation of life without parole. The jury that was seated consisted of jurors who had been clients of one of the law firms representing Jernigan, who knew Jernigan and/or his witnesses, and who had either been injured themselves in automobile accidents or who had relatives who had been injured, two of whom had filed lawsuits as a result. The sole purpose of requiring that the trial judge, as the sentencing authority, make a written finding of the aggravating circumstance is to provide for appellate review of the sentence of death. Ex parte Kyzer, 399 So.2d 330, 338 (Ala.1981). Mason's carbon-monoxide level, he said, was greater than 90% which is extremely high. 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. This appeal followed. He examined the Internet search history for August 15 and August 16, 2008. After several appeals, the case is still the same, and she is still on death row. In upholding Taylor's death sentence, the Alabama Supreme Court stated: In this case, the trial judge stated that [t]he sentence recommendation of a properly functioning jury is entitled to great respect. He reasoned, however, that [w]hile the jurors in this case were cooperative, harmonious, diligent, and attentive, some jurors' outbursts of emotion after they found the defendant guilty of capital murder indicated that they were overwhelmed by their impending duty to consider the death penalty as required by law. The trial judge then concluded that the crimes proved against Taylor were abominably aggravated and, at best, only faintly mitigated. Thus, the trial judge considered the jury's recommendation, as required by Alabama's death-penalty statute, but permissibly assessed it very little weight, given the particular circumstances of this case. Section 13A547(e), Ala.Code 1975, grants the sentencing judge exclusive authority to fix the sentence for a capital-murder conviction. ]: Well, I think there's things that's done should get the death penalty. WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. [L.H. (R. Therefore, the appellant's argument is without merit.. 2428, 153 L.Ed.2d 556 (2002), requires that her death sentence be vacated. See also Mason v. State, 259 Ala. 438, 66 So.2d 557 (1953); and Govan v. State, 40 Ala.App. At this time I could hear crackling and popping. M.W. denied, 464 U.S. 1047, 104 S.Ct. [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). (Emphasis added.) When she came to the door, I handed Noah Riley to her, told her to dial 911 that the house was on fire. It was Munger's opinion that the fire originated in the quadrant of the room that contained Noah's bed. (R. and J.M. When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. 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. Testimony indicates that they feel [Scott] is not guilty. Scott next argues that the circuit court erred in failing to remove for cause five veniremembers who, she says, had relationships or beliefs that impaired their ability to be impartial and forced her to use her peremptory challenges to remove these jurors. ); Goff v. State, 14 So.3d 625, 665 (Miss.2009) (Goff's claim that Mississippi method of inflicting death by lethal injection constitutes cruel and unusual punishment was dispositively rejected in favor of the State by the United States Supreme Court's holding in Baze v. Rees and by this Court's holding in Bennett v. State [, 990 So.2d 155 (Miss.2008) ].); O'Kelley v. State, 284 Ga. 758, 770, 670 S.E.2d 388, 399 (2008) ([W]e conclude that O'Kelley failed to meet the standard as enunciated by the United States Supreme Court for finding a state's lethal injection procedures cruel and unusual, in that he has not demonstrated that Georgia's procedures create a substantial risk of serious harm. ). In support of his argument, the appellant cites Williams v. State, 350 So.2d 708 (Ala.1977). Rule 803(2), Ala. R. WebChristie Michelle SCOTT v. STATE of Alabama. Web1. Specifically, she challenges the first emphasized paragraph in the court's order. See 13A553, Ala.Code 1975. 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. Appellant contends that since no evidence was offered connecting either appellant or his wife with the first fire, the trial court erred in overruling his motion in limine, or in the alternative, his motion for new trial. One of three alternative counts was that Ms. Scott is indicted for, as far as a motive, for pecuniary gain. Select the best result to find their address, phone number, relatives, and public records. B.H. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. 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. Specifically, Scott argues that the court misapplied Rule 404(b), Ala. R. The question of whether the statement is spontaneous in a given case is to be decided upon the facts and circumstances of that case, and such determination is a question for the trial court. O'Cain v. State, 586 So.2d 34, 38 (Ala.Crim.App.1991). 47374.) 79496.) See, e.g ., Note, The Role of Police Culpability in Leon and Youngblood, 76 Va.L.Rev. The name Michael Christie has over 306 birth records, 33 death records, 117 criminal/court records, 1138 address Read More Michael Thomas Christie , 54 Lives in Huntsville, UT The purpose of redirect examination is to answer any matters brought out on the cross-examination of the witness by [the] adversary. Sistrunk v. State, 596 So.2d 644, 647 (Ala.Crim.App.1992). Specifically, he asserts that the State failed to disclose that it intended to introduce outlet number 3 into evidence until the middle of trial and that he was prejudiced by the late disclosure. We have repeatedly upheld the practice of death-qualifying prospective jurors in a capital-murder case. Scott argues that double-counting the aggravating circumstance that the murder was committed for pecuniary gain as both as an aggravating circumstance and as an element of the capital-murder offense violates her rights to due process and to a fair and impartial jury. Scott next argues that the circuit court erred in denying her Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Christie Michelle Bray Scott was born in 1978 and lived in Alabama in Russellville. The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Hall v. State, 820 So.2d 113, 121 (Ala.Crim.App.1999). Arson 64 (2012). At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. 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. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. for cause. Best Match Powered by Whitepages Premium AGE -- Michael R Christie Atlanta, GA (Dunwoody) Aliases Christie Michael View Full Report Addresses Adair Ln, Atlanta, GA 998.) Scott next argues that the circuit court encouraged, and in fact, had ex parte communications with the jurors. 2464, 91 L.Ed.2d 144 (1986). White v. State, 587 So.2d 1218, 1230 (Ala.Crim.App.1990). Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. 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. 877, 357 N.E.2d 1320 (1976). 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.. 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. ), cert. denied, 506 U.S. 1049, 113 S.Ct. 328788.). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. This fire was ruled an accident. Christie A Scott, age 50 McCostlin v. State, 594 So.2d 214, 218 (Ala.Crim.App.1991). Scott next argues that the circuit court erred in allowing James Munger to be qualified as an expert in fire science. 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. [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. Do you believe the death penalty should be imposed in some of those kind of cases every time? 2 So.3d at 930. After Cpt. I would still listen and beand listen and go by the evidence. [Defense counsel]: Are you pretty set in that opinion? However, B.H. 852 So.2d at 837. The evidence was testified from the Forensic Alabama Department. According to court documents Scott set fire to her home that would kill her six year old autistic son. Although standing alone, evidence of motive, presence, or opportunity is insufficient to prove guilt, McGowan v. State, 671 N.E.2d 1210, 1214 (Ind.Ct.App.1996), here the evidence, taken together, was sufficient to link [the appellant] with the fire. 2700.) ]: I would have to give them the death. Is that not what you said? See Ex parte Belisle, 11 So.3d 323, 333 (Ala.2008) ( [A]n appellate court presume[s] that the jury follows the trial court's instructions unless there is evidence to the contrary. (quoting Cochran v. Ward, 935 So.2d 1169, 1176 (Ala.2006))). A.K. (unpublished memorandum). Count I charged that Scott murdered her son Mason for pecuniary gain; Count II charged that Scott murdered Mason during the course of an arson; and Count III charged that Scott murdered Mason, a child under the age of 14. 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. 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. They focused only on the overall balancing question. 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. Dr. Franco testified that there were five electrical outlets in the boys's bedroom, that the wiring ran under the floor, that the outlets were all on one circuit breaker, that he inspected every outlet and receptacle, except outlet number 1, that he took 425 photographs of the scene, that he examined the wiring underneath the house, that he examined the attic, that the night-light was not the cause of the fire, that there was no damage to the underground wiring in the house, that the fire did not originate in outlet number 1 because the electrical box that housed the outlet was intact, and that, in his opinion, the fire was not electrical in origin. [Ex parte ] Carroll, 852 So.2d [833] at 836 [ (Ala.2002) ]. State v. Daigle, 440 So.2d 230, 235 (La.Ct.App.1983). This Court has repeatedly held that a trial court does not commit reversible error in referring to the jury's verdict in the penalty phase as a recommendation. [Scott's] family is also the family of the victim. So what that tells me is that all that is intact, it's uncompromised, and it's still working. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. [T]he harmless error rule does apply in capital cases at the sentence hearing. Ex parte Whisenhant, 482 So.2d 1241, 1244 (Ala.1983).. Appellant relies on Moreland v. State, 373 So.2d 1259 (Ala.Cr.App.1979), which states: of a person for the alleged commission of a particular crime, evidence of other acts which of themselves constitute distinct and independent offenses is not admissible [B]efore evidence of a second fire is introduced, there must be some legitimate evidence which would at least furnish a reasonable inference of the involvement of the accused., Appellant cites to this court a correct proposition of law, but one that is inapplicable to the case at bar. The evidence of the past fire cannot be used as substantive evidence that the defendant committed this charged offense that she is charged with now.. Juror S.S. indicated that she could follow the law and the evidence. Scott was charged with three counts of capital murder. The state may examine a witness on redirect as to matter injected into a case on cross-examination by the defense. Hollingsworth v. State, 549 So.2d 110, 111 (Ala.Cr.App.1988), and cases cited therein. '. 1860, 100 L.Ed.2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. While crimes, wrongs, or bad acts may be more likely than other kinds of acts to demonstrate criminal propensity and thus be inadmissible for that reason under Rule 404(b), the Rule itself is in no sense limited to such acts. This Court reversed the circuit court's suppression order on the authority of Youngblood. (R. I went back to check on them at 10:00 p.m. Mason was asleep and Noah Riley was not. 358.). Davidson also heard Scott ask what fire marshal was at the scene. Melissa Lucios Daughter Death May Have Been Accidental. Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. Alabama Courts have consistently held likewise. P. Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. Only one aggravating circumstance must exist in order to impose a sentence of death. Scott's argument is without merit. 30, 32, 521 S.E.2d 27, 30 (1999) (Also, an expert's credentials are relevant to the weight and credit to be given to his testimony by the jury.); Khairkhwa v. Obama, 793 F.Supp.2d 1, 11 (D.D.C.2011) (There is no requirement that an expert possess formal education, and an expert may be qualified on the basis of his or her practical experience.); State v. Hollingsworth, 160 Wis.2d 883, 896, 467 N.W.2d 555, 560 (1991) (A person may be an expert under [W.S.A. Scott next argues that the circuit court erred in considering nonstatutory aggravating circumstances when overriding the jury's verdict. I went in the room to check on the boys. [C.M. C. Gamble and R. Goodwin, McElroy's Alabama Evidence 69.02(4) ( 6th ed.2009) (emphasis added). Russell Yawn, chief investigator for the Office of Prosecution Services, testified that he supervised the forensic examination conducted on the computer taken from the Scott residence. 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. 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. The Court finds that this is a mitigating factor and gives it is due weight. Dr. Dailey testified that she last saw Mason 12 days before his death. WebWe found 18 records for Michael Christie in Atlanta, Jesup and 12 other cities in Georgia. The dissenting Justices recognized, however, that Alabama's procedures, along with procedures used in Missouri, California, and Indiana provide a degree of assurancemissing from Kentucky's protocolthat the first drug had been properly administered. Baze, [553 U.S. at 121], 128 S.Ct. The Scott's neighbor, Jennifer Davidson, testified that her doorbell rang around 2:30 a.m. on August 16, 2008. Carroll, 852 So.2d at 836. [C.M. (3) Prejudice to Scott. Though C.M. Ex parte Bryant, 951 So.2d 724, 727 (Ala.2002). at 1531. 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. Thus, the circuit court did not abuse its discretion in denying Scott's motion to strike C.M. 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. It added that it had seen no case in which a defendant had killed six victims pursuant to one scheme or course of conduct. 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. WebView Becky Scott results in Tennessee (TN) including current phone number, address, relatives, background check report, and property record with Whitepages. Hatcher v. State, 646 So.2d 676, 679 (Ala.1994) quoting Bowden v. State, 538 So.2d 1226, 1235 (Ala.1988). The circuit court followed the law as set out in 121663, Ala.Code 1975; therefore, we find no error. When the house fire happened, the four-year-old son Mason, was in Scotts bedroom, and he was sleeping. Did you have anything? 473.) 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. Death-Qualifying prospective jurors in a capital-murder conviction and her sentence of death spicer v. State, 40 Ala.App his 's. Tells me is that all that is intact, it 's still.. 2:30 a.m., she was awakened when Noah slapped her on the face she was when..., BURKE, and McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct 26 2008... Dr. Dailey testified that her doorbell rang around 2:30 a.m., she said, she,. I would still listen and beand listen and go by the evidence home that would kill her year! Batson v. 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