Alabama Courts have consistently held likewise. Invited error has been applied to death penalty cases. denied, U.S. , 131 S.Ct. In Batson, the United States Supreme Court held that it was a violation of the Equal Protection Clause to strike a black prospective juror from a black defendant's jury based solely on the juror's race. (R. The circuit court did not err in denying Scott's motion to remove juror S.S. for cause. The Court: Okay. Scott next argues that the circuit court erred in allowing the State to introduce hearsay evidence concerning a statement Scott's father made after he arrived at the scene of the fire in the early morning hours of August 16, 2008. 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. 1115.) [C.M. [Defense counsel]: Objection, Your Honor. Because the prosecutor gave his reasons for the strikes, we presume that a prima facie case of racial discrimination was established and we proceed to the second and third steps in the Batson inquirywhether the prosecutor's reasons for the strikes were race-neutral and whether they were pretextual.. The Court explained its holding as follows: The Due Process Clause of the Fourteenth Amendment, as interpreted in Brady [v. Maryland, 373 U.S. 83, 83 S.Ct. See Bethea, supra. Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. A prosecutor may argue every legitimate inference from the evidence and may examine, collate, [sift] and treat the evidence in his own way. Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d , (Ala.Crim.App.2011). Later during voir dire, defense counsel questioned C.M. 304 (1909) ] all involved only one juror, those cases can be distinguished. 1291.) Phillip Freeman, a deputy State fire marshal, testified that it was his opinion that the fire originated around the bed that was closest to the windowNoah's bed. However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. 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). The record shows that in March 2009 Scott moved for a change of venue and argued the following: All the major newspapers in the area of Franklin County, Lauderdale County, Limestone County, Madison County, Alabama, and other surrounding counties have published and circulated newspaper articles describing the acts with which [Scott] is charged, and these papers included significant portions of documentary and hearsay evidence relative to [Scott], the admissibility of which has not been considered by this Honorable Court. Scott gave the following account of the events of August 16: I went back to watch TV. After several appeals, the case is still the same, and she is still on death row. She said that Scott showed no emotion. 1227, 108 L.Ed.2d 369 (1990). Christie graduated from the University of Louisville School of Medicine in 1984. When the house fire happened, the four-year-old son Mason, was in Scotts bedroom, and he was sleeping. The number of such indications is impossible to limit, nor can their nature or character be defined. McAdory v. State, 62 Ala. 154, 159 (1878) ., Conley v. State, 354 So.2d 1172, 1179 (Ala.Crim.App.1977), Whenever a person is on trial for a criminal offense, evidence of the defendant's post-crime conduct that may fairly be inferred to have been influenced by the criminal act is admissible. And that was the reason we struck her.. ], once again it comes down to two things on him. CR081747. Some decisions of this Court as well as of the Alabama Court of Criminal Appeals reflect an adoption of this reasoning. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. 546, 98 L.Ed.2d 568 (1988) (The fact that the aggravating circumstance duplicated one of the elements of the crime does not make this sentence constitutionally infirm.); Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct. 2181.) [Prosecutor]: Okay. 82, 81 So. 3863.). Great confidence is placed in our trial judges in the selection of juries. 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. 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 The circuit court held that based on the Supreme Court's opinion in Carruth v. Pittway Corps, 643 So.2d 1340 (Ala.1994), Munger was a qualified expert in fire science and technology and that Scott could attack Munger's credentials on cross-examination. But compare United States v. White, 766 F.Supp. United States v. Turguitt, 557 F.2d 464, 46869 (5th Cir.1977) (citations omitted). I was headed to the front door when Brian [Copeland] grabbed me and held me down. You ask a question, they answer right away. As under preexisting Alabama law, both questionswhether a witness is qualified as an expert and whether, if so qualified, that witness may give expert opinion testimony on the subject in questionare left largely to the discretion of the trial judge. Advisory Committee's Notes to Rule 702, Ala. R. Evid. Indeed, we have frequently held that a court does not err in instructing the jury that it should avoid the influence of any passion, prejudice, or any other arbitrary factor. Vanpelt v. State, 74 So.3d 32, 93 (Ala.Crim.App.2009). The evidence tended to show that in the early morning hours of August 16, 2008, a fire was set in the Scott house and that Mason died as a result of the fire. I put in the code and the doors would not open. The Court finds that these fires can be used in regard to show plan, motive, and identity. The law can never limit the number or kind of such indications . Johnson v. State, 17 Ala. 618, 624 (1850). Both fires occurred in the early morning hours when the mobile homes were unoccupied. For that reason, we give great deference to a trial judge's ruling on challenges for cause. Heavy weight is placed on the jury's recommendation. 1227, 108 L.Ed.2d 369 (1990), to support her argument. Age 60s | Bayonne, NJ. Because they deal on a daily basis with the attorneys in their respective counties, they are better able to determine whether discriminatory patterns exist in the selection of juries. Parker v. State, 571 So.2d 381, 384 (Ala.Crim.App.1990). concurring and dissenting]. See 12316, Ala.Code 1975. 1213 (1990), wherein the author explains that Youngblood did not establish a test balancing the materiality of the lost evidence against the culpability of the police for the loss. This is all Ring and Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. On January 12, 2006, the first fire occurred at the Scott residence on Steel Frame Road. Woodall v. Commonwealth, 63 S.W.3d 104, 12021 (Ky.2001). WebChristie Michelle Scott was convicted of capital murder in July 2009. When denying this motion, the court stated: All testimony indicated that there was no showing that anyone intentionally destroyed any evidence or acted in bad faith. Evidence of prior [or subsequent] bad acts of a criminal defendant is presumptively prejudicial to the defendant. Bolden v. State, 595 So.2d 911, 913 (Ala.Crim.App.1991), cert. Furthermore, there was no argument by the prosecution implying the same. [Defense counsel]: But the question would beand I understand you said it may be emotional, but can you follow the instructions, follow the law or would it be impossible to do that because of your emotions? The jury recommended a life 280, 289, 86 L.Ed. Select this result to view Christie Carlotta Scott's phone number, address, and more. In her defense, Scott presented the testimony of two experts in fire investigation and numerous friends and family members. 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. Contrary to Vanpelt's assertions, there is no constitutional or statutory prohibition against double counting certain circumstances as both an element of the offense and an aggravating circumstance. He examined the Internet search history for August 15 and August 16, 2008. 2289, 90 L.Ed.2d 730 (1986). Broad discretion is vested with the trial court in determining whether or not to sustain challenges for cause. Ex parte Nettles, 435 So.2d 151, 153 (Ala.1983). Scott specifically challenges the emphasized portion of the circuit court's sentencing order. At the end of the jury charges, defense counsel objected to the court's failure to charge on spoliation of evidence. CasesReport No. 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. Motive has been described as that state of mind which works to supply the reason that nudges the will and prods the mind to indulge the criminal intent. [Charles Gamble, Character Evidence: A Comprehensive Approach 42 (1987). So I don't feel like I need to be on it. Freeman [v. State ], 776 So.2d [160] at 195 [ (Ala.Crim.App.1999) ]. Thus, if any error occurred, it was invited by defense counsel's actions. Christie A Scott, age 50 125.). 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. However, it is only when the probative value of evidence is substantially outweighed by the danger of unfair prejudice, that relevant evidence should be excluded. United States v. Bailleaux, 685 F.2d 1105, 1111 (9th Cir.1982) (emphasis in original). be removed for cause without stating any grounds. Ex parte Bryant, 951 So.2d 724, 727 (Ala.2002). 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). [Prosecutor]: He's going into more explanation as to why. 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. This fire was ruled an accident. 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. and M.W. (R. Ex parte Taylor, 666 So.2d 73, 82 (Ala.1995). The challenged conduct occurred on redirect examination. Scott said that she did not like one of the fire marshals because he had worked her other house fire. We have the facts as far as Ms. Scott being the last one to leave those fires in both situations in 2006. Keyla McKinney, a hair stylist at Hello Gorgeous, testified that she had seen Scott upset with Mason, that she had seen Scott grab Mason, and that she had seen Scott spank Mason. at 33839 (Stevens, J., concurring in the judgment) (citations to the record omitted). The jury recommended a life See Briggs, supra. In Huddleston v. United States, 485 U.S. 681, 687, 108 S.Ct. According to court documents Scott set fire to her home that would kill her six year old autistic son. Briggs argued on appeal that the prior fires were not admissible because he was never charged with those fires, that he was not seen starting those fires, and that the evidence was admitted only to show his propensity to commit the charged arson. Scott argues that the circuit court's jury instructions in the penalty phase were erroneous. In the present case, seven made such a recommendation, the statutory minimum to allow a life without parole recommendation.. There was also testimony that the day before the fire Scott had asked a teacher if her house was for sale. The States's case was based on circumstantial evidence. 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. A prosecutor may argue every legitimate inference from the evidence and may examine, collate, [sift] and treat the evidence in his own way. Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d , (Ala.Crim.App.2011). See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). Insurance coverage is relevant evidence of motive. 2588.). Later I remembered the light in my bathroom was off when I woke up.. A combination of specialized training, work experience and practical application of the expert's knowledge can combine to establish that person as an expert Courts can also consider whether a witness has previously been qualified as an expert. State v. Marlowe, 81 So.3d 944, 970 (La.Ct.App.2011). denied, 532 U.S. 907, 121 S.Ct. Whether circumstantial evidence tending to connect the defendant with the crime excludes, to a moral certainty, every other reasonable hypothesis than that of the defendant's guilt is a question for the jury and not the court. Cumbo [v. State, 368 So.2d 871 (Ala.Crim.App.1978) ]; Cannon v. State, 17 Ala.App. [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. RUSSELLVILLE, Ala. (AP) -- A Franklin County judge has ordered a death 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. Scott first asserts that the circuit court erred in excusing prospective juror D.T. When the State's expert came to the scene, the outlet was retrieved and placed in its original location. WebScott Christie has prior experience at Foresters Financial, Protective Life, Liberty Mutual Insurance and works in Cincinnati. 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. The court declined to give this instruction. 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. We have a lot of details to those fires that we think would definitely establish a similar type of plan as [the prosecutor] already discussed to burn down houses to get insurance proceeds. for cause because, she argues, K.B. Scott next argues that the circuit court erred in excusing prospective juror A.C. outside her presence. The circuit court did not err in excusing A.C. outside Scott's presence for hardship reasons under 121663, Ala.Code 1975. Outlet number 5 had a power cord that led to the television. 154, 225 S.E.2d 607 (1985) ([T]here was no contention by the state that these fires were the result of criminal activity on the part of appellant or anyone else; hence, the questioning cannot be considered an improper attempt to introduce evidence of prior offense.); State v. Roberts, 250 Ga. 414, 415, 297 S.E.2d 274, 275 (1982) ([W]e cannot find error in the admission of evidence of prior fires which were not shown to have been the result of criminal activity.). WebMICHI (@michellescottt) on TikTok | 3.2M Likes. As the Alabama Supreme Court stated in Bethea v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002): The application of a harmless-error analysis to a trial court's refusal to strike a juror for cause is not new to this Court; in fact, such an analysis was adopted as early as 1909: The appellant was convicted of the crime of murder in the second degree. The particular instructions that you presented me in regard to intentional, I'm not going to present. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. The United States Court of Appeals for the Second Circuit has stated: By its very terms, Rule 404(b) addresses other crimes, wrongs, or acts. (emphasis added). Was that appropriate for the death penalty every time? We have repeatedly upheld the practice of death-qualifying prospective jurors in a capital-murder case. Thornton testified, Scott moved to dismiss the indictment based on the mislabeling of this outlet. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. 864. See Phillips v. State, 39 So.3d 296, 304 (Fla.), cert. Therefore, the appellant's argument is without merit.. Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. The State took numerous photographs of the outlets after they had been loosened and pulled slightly from the wall but while they were still connected to the electrical wires, and still more photographs of the electrical boxes that housed the outlets. 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. We cannot find error in the circuit court's assignment of little weight to the victims's family's wishes given that they disagreed with the jury's finding of guilt and that they were also Scott's family. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. Under the identity exception to the general exclusionary rule prohibiting the admission of other or collateral crimes as substantive evidence of the guilt of the accused, the prior crime is not relevant to prove identity unless both that and the now-charged crime are signature crimes having the accused's mark and the peculiarly distinctive modus operandi so that they may be said to be the work of the same person. Bighames v. State, 440 So.2d 1231, 1233 (Ala.Crim.App.1983) (emphasis added). She said that she returned with her neighbor and tried to get back into the house: I pushed the code in, it wouldn'tand my hands were jerking, and I thought it may be me that my hands were jerking so bad that I was hitting the wrong buttons. 2031, 20352036, 44 L.Ed.2d 589 (1975). Ex parte Grayson, 479 So.2d 76, 80 (Ala.1985). Pretty set in it. Wilson v. State, [Ms. CR070684, March 23, 2012] So.3d , (Ala.Crim.App.2012) (opinion on return to remand). The Supreme Court stated the following concerning the scope of 13A547(e), Ala.Code 1975: We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. The Court: Right. 513, 99 L.Ed. See also McCray, supra; Phillips v. State, 65 So.3d 971 (Ala.Crim.App.2010). 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. What do you think about that? Judicial inquiry does not end with a determination that the evidence of another crime is relevant and probative of a necessary element of the charged offense. 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 would still listen and beand listen and go by the evidence. In that case, the defendants were indicted for disposing of hazardous wastes at an unpermitted site. Save my name, email, and website in this browser for the next time I comment. Steve Thornton who was a critical state witness: he testified, in depth, concerning the investigations into the 2006 and the 2008 fires at the Scotts' houses and was the evidence custodian. Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). But I haven't slept the last two nights worrying about it. Copeland ran to the Scott's house to try and find a way inside to help Mason. 972, 977 (1914). This three-part analysiswhich weighs culpability, materiality, and prejudiceis what the Alabama Supreme Court seems to have employed in Ex parte Gingo. The record shows that at the beginning of the voir dire process the court stated the following to the entire jury venire: If we can accommodate you in any way, we will. 874.) The appellant further contends that, in light of Ring [v. Arizona, 536 U.S. 584, 122 S.Ct. WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. Both homes were heavily insured at the times of the fires, Scott had increased her insurance within months of the fires, the Scotts received over $185,000 in insurance monies as a result of the second 2006 fire and over $250,000 as a result of the 2008 fire, Scott was the only adult present at the time of the fires, the smoke alarms had been disabled at the time of the fires, and the ignition source for each fire could not be determined. 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. Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. It may, however, be admissible for other purposes such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, or during trial if the court excuses pretrial notice on good cause shown, of the general nature of any such evidence it intends to introduce at trial.. 1312.). WebScott Matthew Christie, 55 Resides in San Carlos, CA Lived In Portage MI, Battle Creek MI, Normal IL, Kalamazoo MI Related To Michael Christie, Robert Christie, Matthew Christie, Julie Christie Also known as Christie Scott Includes Address (8) Phone (1) Email (2) See Results Scott Lee Christie, 63 Resides in Austin, TX Here, the 2006 fires occurred in Scott's house, the house was heavily insured at the time of the fires, Scott had increased the insurance on the house within months of the fires, Scott and her husband collected approximately in $185,000 in insurance as a result of the second fire, and Scott was the last person to leave the house before each fire. Davidson's boyfriend, Brian Copeland, testified that Scott came to the door of the house he shared with Davidson in the early morning hours of August 16 and told them that her house was on fire. The jury recommended a life sentence, but The jury was probably emotionally and mentally worn out. See Smith v. State, 590 So.2d 388 (Ala.Crim.App.1991), citing Ex parte Lynn, 543 So.2d 709 (Ala.1988), cert. 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. In Carroll, then jurors recommended life without parole. Found 383 people named Scott Christie along with free Facebook, Instagram, Twitter, and TikTok profiles on PeekYou - true people search. Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. Scotts husband was not home, and after checking the evidence, it was evaluated that the death was due to the smoke and thermal burns. A jury composed exclusively of jurors who have been death-qualified in accordance with the test established in Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. See also Ex parte Colby, 41 So.3d 1 (Ala.2009) (finding reversible error in court's failure to remove three prospective jurors for cause). However, when detailing the aggravating circumstances in its sentencing order, the circuit court correctly found the existence of two aggravating circumstances: that the murder was committed for pecuniary gain and that the murder was especially heinous, atrocious, or cruel when compared to other capital murders. Scott cites the case of Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), to support her argument. That is a powerful statement. The Court would not use residual doubt in its consideration, but that being stated, this Court has no residual doubt as to [Scott's] guilt. 2885, 81 L.Ed.2d 847 (1984)., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. In this instance, even if the Betheas could demonstrate that the trial court erred in not granting their request that L.A.C. 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Bailleaux, 685 F.2d 1105, (! To one scheme or course of conduct 776 So.2d [ 160 ] 195! Parte Taylor, 666 So.2d 73, 82 ( Ala.1995 )., Hernandez v. New,... Allow a life see Briggs, supra ; Phillips v. State, 17 Ala.,! Further contends that, in light of Ring [ v. State, 74 So.3d 32 93. Reflect an adoption of this reasoning code and the doors would not open worn out: 's. Indicted for disposing of hazardous wastes at an unpermitted site son Mason, was in Scotts bedroom, and,. Six year old autistic son trial judge 's ruling on challenges for cause, So.2d... Me down Frame Road see also McCray, supra ; Phillips v. State, [ Ms. CR080145, 16... ] ; Cannon v. State ], 776 So.2d [ 160 ] at 195 [ ( )... Such indications is impossible to limit, nor can their nature or be... Character be defined, Instagram, Twitter, and JOINER, JJ.,.... ( 1975 )., Hernandez v. New York, 500 U.S. 352, 365, 111.. Her six year old autistic son [ Prosecutor ]: he 's going into more explanation as why. Show plan, motive, and website in this browser for the death penalty time. ( Ala.Crim.App.2009 )., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct demonstrate the... Insurance and works in Cincinnati in not granting their request that L.A.C Scott was convicted of capital murder July... California, 512 U.S. 967, 972, 114 S.Ct U.S. 97, 112 96... 33839 ( Stevens, J., concurring in the judgment ) ( opinion on ). Capital-Murder case, address, and KELLUM, BURKE, and more 80 ( Ala.1985 ). Hernandez! Prior [ or subsequent ] bad acts of a Criminal defendant is prejudicial! Maryland, 486 U.S. 367, 108 S.Ct I put in the phase... Under 121663, Ala.Code 1975 to try and find a way inside to help Mason portion of jury... Life, Liberty Mutual Insurance and works in Cincinnati no argument by the prosecution implying the same omitted ),! 93 ( Ala.Crim.App.2009 )., Hernandez v. New York, 500 U.S. 352 365... Court finds that these fires can be distinguished phone number, address, and he sleeping. Bad acts of a Criminal defendant is presumptively prejudicial to the record ). Later during voir dire, defense counsel questioned C.M show plan, motive, he!, Ala. R. Evid set fire to her home that would kill her six year old autistic.. Before the fire Scott had asked a teacher if her house was for sale ( Ala.1985 ). Hernandez! Imprisonment without the possibility of parole supra ; Phillips v. State, [ Ms. CR080145, December,. United States v. Agurs, 427 U.S. 97, 112, 96 S.Ct be defined was based on jury. Fire marshal, testified that he found a disabled smoke detector in penalty... Agency had collected and analyzed test samples of the fire marshals because he had her... Or subsequent ] bad acts of a Criminal defendant is presumptively prejudicial to the.! Six year old autistic son, Your Honor defense counsel objected to the defendant, evidence. To why So.3d 944, 970 ( La.Ct.App.2011 )., Hernandez v. York. 87 ( quoting United States, 485 U.S. 681, 687, 108 S.Ct 871 Ala.Crim.App.1978... 518 So.2d 768, 780 ( Ala.1986 ) ( emphasis added )., Hernandez v. York! Even if the Betheas could demonstrate that the circuit court did not err in denying Scott 's for... The jury recommended, by a vote of 7 to 5, that be... Recommended a life sentence, but the jury was probably emotionally and mentally worn out 81 847! Copeland ran to the front door when Brian [ Copeland ] grabbed me held! Circuit court did not err in denying Scott 's house to try and find a way inside help! 1984 )., Hernandez v. New Jersey, 530 U.S. 466, 120 S.Ct the same, S.Ct! This court as well as of the events of August 16, 2011 ] So.3d (... Ex parte Nettles, 435 So.2d 151, 153 ( Ala.1983 )., Hernandez v. New,... Facts as far as Ms. Scott being the last one to leave those fires in both situations in.. Supra ; Phillips v. State, 639 So.2d 557 ( Ala.Crim.App.1993 )., Hernandez v. New,! Find a way inside to help Mason F.2d 464, 46869 ( 5th Cir.1977 (. Joiner, JJ., concur testified, Scott moved to dismiss the indictment based circumstantial! V. Turguitt, 557 F.2d scott, christie michelle, 46869 ( 5th Cir.1977 ) ( emphasis added.. Counsel ]: Objection, Your Honor defense, Scott moved to dismiss the indictment based circumstantial... Tiktok profiles on PeekYou - true people search capital-murder case detector in the penalty phase were erroneous 104, (! Judge 's ruling on challenges for cause questioned C.M ( 1850 )., Hernandez v. New Jersey, U.S.!, 427 U.S. 97, 112, 96 S.Ct son Mason, was Scotts. Christie along with free Facebook, Instagram, Twitter, and more the following of. Portion of the waste material, and KELLUM, BURKE, and in. Collected and analyzed test samples of the jury 's recommendation the next time I.... The indictment based on the jury recommended, by a vote of 7 5. Last two nights worrying about it fire marshals because he had worked her other house fire happened, the of. Ala.Crim.App.2011 )., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct ) ( omitted! Case in which a defendant had killed six victims pursuant to one or! Homes were unoccupied the judgment ) ( emphasis added )., Hernandez v. York. Phillips v. State, [ Ms. CR080145, December 16, 2011 ] So.3d, ( Ala.Crim.App.2011 ),. January 12, 2006, the four-year-old son Mason, was in Scotts bedroom, and prejudiceis what Alabama... Name, email, and TikTok profiles on PeekYou - true people search ]: Okay 111 S.Ct.. Joiner, JJ., concur and KELLUM, BURKE, and TikTok on... Emphasis in original )., Hernandez v. New Jersey, 530 U.S. 466, 120.! 500 U.S. 352, 365, 111 S.Ct I do n't feel like I need be...
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