), Depending on the degree of the State's culpability for the loss of the evidence, the court may decide that the State should be precluded, on retrial, from introducing any evidence relating to the charred object, see Commonwealth v. Olszewski, 401 Mass. Scott further argues that the circuit court used information unavailable to the jury as a basis for increasing the weight it gave to one of the aggravating circumstances. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. and J.M. (R. Fortenberry v. State, 545 So.2d 129, 144 (Ala.1989). ; Williams; Haney v. State, 603 So.2d 368, 39192 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. The circuit court allowed the statement to be received into evidence over Scott's objection. See Harville v. State, 386 So.2d 776 (Ala.Crim.App.1980); Bass v. State, 375 So.2d 540 (Ala.Crim.App.1979). Scott asserts that juror C.M. Christie graduated from the University of Louisville School of Medicine in 1984. We went to sleep. See Lowenfield v. Phelps, 484 U.S. 231, 24146, 108 S.Ct. [U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. Extreme Disturbing Serial Killers Interviews, Are Serial Killers Psychopaths? Knop v. McCain, 561 So.2d 229, 234 (Ala.1989). In examining witnesses and in her summation, defense counsel impressed upon the jury the fact that the State failed to preserve the evidence and that the State could have conducted tests that might well have exonerated the defendant. I'll let either attorney ask or either side ask questions. Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. WebScott, 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 She asserts: While acknowledging Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), Scott maintains that Ring invalidates critical aspects of Alabama's capital sentencing scheme and renders her death sentence unconstitutional (Scott's brief at p. [T]he law [is] that even though a party introduces evidence that may be immaterial or illegal, his opponent has the right to rebut such evidence and this right is unconditional. Clark v. State, 54 Ala.App. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. (R. See also, C. Gamble, McElroy's Alabama Evidence, 69.01(1) (3d ed.1977). But you could, you could do that and you could follow the Court's instructions about that? See also McCray, supra; Phillips v. State, 65 So.3d 971 (Ala.Crim.App.2010). P., which states: In all cases in which the death penalty has been imposed, the Court of Criminal Appeals shall notice any plain error or defect in the proceedings under review, whether or not brought to the attention of the trial court, and take appropriate appellate action by reason thereof, whenever such error has or probably has adversely affected the substantial right of the appellant.. The TV was off and Noah Riley was still awake. Copyright 2023, Thomson Reuters. [Munger]: Yes, sir. 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. Baker v. State, 906 So.2d 210 (Ala.Crim.App.2001).. 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. Great confidence is placed in our trial judges in the selection of juries. We cannot say that the admission of evidence of the 2006 fires was unduly prejudicial to Scott or that it caused the jury to convict her for improper reasons. Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. A couple of them even had the paper that is inside. See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). See Dunning. The circuit court denied the motion. Douglas James Carpenter, a fire-protection engineer, stated that he examined the fire scene and the evidence. Phone | Current Address | Public Records | Criminal Records. 3863.). United States v. Gee, 695 F.2d 1165, 1169 (9th Cir.1983) ., McCrory v. State, 505 So.2d 1272, 1279 (Ala.Cr.App.1986).. Anna Kay Greenhill, an employee of Hello Gorgeous, testified that on Saturday at around 2:00 p.m. on the day of the fire Scott and Jeremy came to the salon for Jeremy to get a haircut. Scott Christie is on Facebook. The presumptive prejudice standard is rarely applicable, and is reserved for only extreme situations. Coleman v. Kemp, 778 F.2d at 1537. denied, 368 So.2d 877 (Ala.1979). 1583.). Sixteen jurors were questioned concerning their responses on the questionnaire to the questions concerning Scott's guilt. The record shows that Scott moved in limine that the State be prohibited from offering testimony concerning other fires. All the damage that I observed appeared to come from external heat. The Court: Okay. denied, 516 U.S. 995, 116 S.Ct. Dr. Kalin testified that he identified the following drugs in Mason's system: amphetamines, codeine, and promethazine, an antihistamine typically used to treat nausea in postoperative patients. 's daughter worked at the hair salon used by the Scott family, because A.K. ), Jerry Yarborough, a paramedic with Pleasant Bay Ambulance Service, testified that when Scott's father arrived at the scene he was upset and said to Scott: Where's my babies? Cpt. [E]vidence of a prior crime is admissible only when the circumstances surrounding the prior crime and those surrounding the presently charged crime exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by the same person. Ex parte Arthur, 472 So.2d at 668 (quoting Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983)). [Prosecutor]: I'll rephrase the question. [C.M. The final nonstatutory mitigating factor is the jury's recommendation of life without parole, 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. The majority of courts addressing due process claims based on lost or destroyed evidence have not found constitutional violations in the absence of Youngblood's flat bad faith requirement. See, e.g., United States v. Hamell, 931 F.2d 466, 469 (8th Cir. be removed for cause without stating any basis for the motion. [C.M. (C. Find Out Here, The Most Horrific Serial Killer Robert Hansen, Doctor Death: Harold shipman serial killer Killed, Dora Buenrostro Mother Is Arrested In. I do not, however, join the Court's opinion because it announces a proposition of law that is much broader than necessary to decide this case. ]: Well, maybe not every time because sometimes, you know, life without parole is just about as bad as death. The prosecutor's argument was a legitimate inference that could have been drawn from the evidence and did not so infect the trial with unfairness that Scott was denied due process. Ala.Code 1975, 13A545(f). In August 2008, he said, he went to the scene and stayed there for 12 hours conducting his examination. The circuit court chose not to follow the jury's recommendation and sentenced Scott to death. 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).. [Prosecutor]: He's never going to get married, he's never going to go to school, [Prosecutor]: The loved ones, his family will never see him again. The Court distinguished Youngblood on its facts, finding that the test results [on the waste material] were part of the State's case-in-chief, i.e., the State had to use those test results to carry its burden of proving the hazardous waste violations. Ex parte Gingo, 605 So.2d at 1240. I could have called 911. (R. United States v. Platero, 72 F.3d 806, 814 (10th Cir.1995). Scott first argues that the circuit court erred in denying her motion to remove juror K.B. A juror need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it. Kinder v. State, 515 So.2d 55, 61 (Ala.Cr.App.1986). See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). Ballard v. State, 767 So.2d 1123, 1130 (Ala.Crim.App.1999). On relocating to California in the (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).. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). 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 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. However, this Court on numerous occasions has upheld that statute against similar attacks. The Court stated: Because Ross [v. Oklahoma, 487 U.S. 81, 108 S.Ct. 544, 552, 754 P.2d 1021 (1988) (testimony that defendant showed no reaction to news of wife's death was properly admitted). Alabama recognizes a liberal test of relevancy Haves v. State, 717 So.2d 30, 36 (Ala.Crim.App.1997). and M.W. Scott next argues that the court's instructions erroneously allowed the jury to believe that it could not consider a mitigating circumstances unless the entire jury agreed upon its existence. [Defense counsel]: Are you pretty set in that opinion? 2. at 337. In the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. (R. Find Then I ran around to the front of the house. And that was the reason we struck her.. WebInnocence. And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. 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 Scott's neighbor, Jennifer Davidson, testified that her doorbell rang around 2:30 a.m. on August 16, 2008. M.W. 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. Consistent with the Supreme Court's holding in Ex parte Taylor, the circuit court considered the jury's recommendation as a mitigating circumstance and gave it great weight. was rehabilitated. [Prosecutor]: Is that againwhat does that usually infer to you or tell you? Thus, we conclude that the trial court erred by failing to limit the jury's consideration of that evidence to only those purposes for which the evidence was purportedly offered by the State (plan, identity, motive, and intent). 156, 157 (1908).. Insurance coverage is relevant evidence of motive. has a special-needs grandchild that would make it difficult for her to serve on the jury, and because A.K. Specifically, Scott challenges the following arguments. In Harris, we upheld the circuit court's override of the jury's recommendation of life imprisonment without the possibility of parole after the court indicated in its order that it considered evidence outside the record as it related to the aggravating circumstance that two or more persons were killed pursuant to one scheme. The burden of showing actual prejudice or community saturation with prejudicial publicity lies with the appellant. This disjunctive terminology shows unmistakably that Rule 404(b) reaches conduct which is neither criminal nor unlawful so long as the conduct is probative of, and revelatory as to, a permitted purpose.. When it is decided that prior crimes or acts of the accused are admissible to prove a proper purpose asserted under Rule 404(b), the question naturally arises as to what degree of proof is required to show such a prior criminal act. See Annot., Admissibility, in Prosecution for Criminal Burning of Property, or for Maintaining Fire Hazard, of Evidence of Other Fires, 87 A.L.R.2d 891 (1963). United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). The characteristic was parricide, and the purpose of her mother was to collect the insurance money. Scott objected and requested that she be allowed to voir dire Munger. Defense experts testified that the State's experts had based their arson determination on outdated methods, that the State investigation had numerous flaws, and that the State's experts erred in concluding that the fire originated near Noah's bed. 2651.) 1126.) Evid., this Court has stated: The basis for the evidentiary rule excluding evidence of the accused's commission of crimes not charged in the indictment lies in the belief that the prejudicial effect of prior crimes will far outweigh any probative value that might be gained from them. [C. Gamble,] McElroy's [Alabama Evidence] at 69.01(1) [ (3d ed.1977) ]. Thus, the court committed no error in denying Scott's motion to strike A.K. Mccray, supra ; Phillips v. State, 515 So.2d 55, 61 ( )... Ala.Crim.App.1997 ) relevant evidence of motive, 484 U.S. 231, 24146, 108 S.Ct objection! Had collected and analyzed test samples of the relevant evidence of motive Scott family, because.... Are you pretty set in that opinion State be prohibited from offering testimony concerning other.. ( Ala.Crim.App.1983 ) ) burden of showing actual prejudice or community saturation prejudicial. Noah Riley was still awake 24146, 108 S.Ct Bass v. State, 906 210. 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