While the trial court's sentencing order is defective, the errors are not so egregious or substantial as to require a new sentencing order. Our function is not to be factfinders, however tempting that may sometimes be. The prosecutor stated the following concerning juror M.W. 864.). 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. What do you think about that? Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. Douglas James Carpenter, a fire-protection engineer, stated that he examined the fire scene and the evidence. He examined the Internet search history for August 15 and August 16, 2008. What'swhat have you done to my babies? (R. ), cert. (R. Join Facebook to connect with Scott Christie and others you may know. In a prosecution for murder, evidence of former acts of hostility between the accused and the victim are admissible as tending to show malice, intent, and ill will on the part of the accused. Scott last argues that the circuit court failed to consider uncontested mitigating evidence, i.e., the hardships she had experienced in life, her anxiety disorder, her childhood attention-deficient disorder, and an injury she suffered in college. See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? Young v. State, 283 Ala. 676, 220 So.2d 843 (1969); Willis v. State. A toxicologist at the Department of Forensic Sciences, Dr. Jack R. Kalin, analyzed Mason's blood. ), Several officials testified concerning a statement that Scott's father's, Donald Bray, made to Scott when he arrived at the scene of the fire. So, yes, if you have a question, you can ask me, you can ask my staff or you can say hello to me in the hallway, and I can say hello to you. But I was also, even though they had been there before I was, I was still able to look at where all of the electrical receptacles were located, and you can very clearly tell from the burn or lack of burn damage around all of those receptacle locations that the fire did not originate from any of those.. for cause. A defendant in a capital-murder case is entitled to an individualized sentencing determination. It was orange. I ran to Jennifer's house, banged on the door. See 13A553, Ala.Code 1975. A party's case is always damaged by evidence that the facts are contrary to his contention; but that cannot be ground for exclusion. Scott v. State, [Ms. CR081747, Oct. 5, 2012] _ So.3d _ (Ala.Crim.App.2012). 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. 2 So.3d at 930. Could you still sit on this jury and make a decision in the case based on the evidence in the case? (R. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. Prejudicial is used in this phrase to limit the introduction of probative evidence of prior misconduct only when it is unduly and unfairly prejudicial.' 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. The circuit court's instructions on weighing the mitigating circumstances and the aggravating circumstances were consistent with Alabama law. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. She said that she tried to put in the code six times. An emergency medical technician with Pleasant Bay Ambulance Service, Elzie Malone, testified that he responded to the fire. Melissa Lucios Daughter Death May Have Been Accidental. 1583.). In support of his argument, the appellant cites Williams v. State, 350 So.2d 708 (Ala.1977). This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. An extensive motion hearing was held on this issue. Other evidence indicated that, although the appellant was not living in the house at the time of the second fire, he still had a key to the dwelling. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). (R. Cross-Function alignment between sales, marketing & product Onboarding design to reduce ramp time, increase deal velocity, up AOV, increase retention Experienced in coaching/training/mentoring AE's/BDR/Sales Directors/CROs
Deal 47374.) Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. Specifically, Scott challenges the following arguments. Annot., Propriety of Imposition of Death Sentence by State Court Following Jury's Recommendation of Life Imprisonment or Lesser Sentence, 8 A.L.R.4th 1028 (1981). First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. I went back to watch my movie. Since the decision in Ex parte Gingo, this court has employed an abbreviated materiality and prejudice analysis. See Grissom v. State, 624 So.2d 706 (Ala.Cr.App.1993) (wherein this Court, before discussing the lack of bad faith, observed: we are not prepared to say that the tape recording was so critical that the police's destruction of the evidence rendered a fair trial impossible) (emphasis added).. The circuit court did not err in denying Scott's motion to remove juror S.S. for cause. Scott next asserts that the circuit court should have removed juror S.S. for cause based on her views toward the death penalty and because she knew State witness Brian Copeland. Specifically, she challenges the first emphasized paragraph in the court's order. The jury had already spent over four weeks hearing testimony in this case. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. The Supreme Court stated: Section 122113, Ala.Code 1975, provides: Physical evidence connected with or collected in the investigation of a crime shall not be excluded from consideration by a jury or court due to a failure to prove the chain of custody of the evidence. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. I turned on the satellite and told him that he needed to go to sleep. The trial court erred in denying GM's challenges for cause as to the five veniremembers related to attorneys in this case.. 1758, 90 L.Ed.2d 137 (1986). Kirk Berryman, a former agent with Farm Bureau Insurance, testified that in February 2005 he sold the Scotts insurance for their home on Steel Frame Road in the amount of $116,000. Christie graduated from the University of Louisville School of Medicine in 1984. Scott was indicted for, and was convicted of, murdering six-year-old Mason during the course of an arson and for pecuniary gain, violations of 13A540(a)(7), (a)(9), and (a)(15), Ala.Code 1975. indicated that he could follow the law and consider the mitigating evidence. Witnesses testified that Scott had been cruel to Mason in public, the last time being on the morning of the fire when Scott took Mason to school where she spoke harshly to him and pushed him. There are 45 other people named Scott Christie on AllPeople. Williams v. State, 795 So.2d 753, 780 (Ala.Crim.App.1999). He'll blame me or he'll try to hurt his self. (R. Found 383 people named Scott Christie along with free Facebook, Instagram, Twitter, and TikTok profiles on PeekYou - true people search. The law requires this Court to weigh the aggravating circumstances against the mitigating circumstances, which includes the jury's recommended sentence of life without parole. Dr. Franco testified: That bead tells me that it's on the TV power cord. Scott asserts that juror C.M. 1038, 84 L.Ed.2d 1 (1985) (quoting in turn United States v. Frady, 456 U.S. 152, 163 n. 14, 102 S.Ct. Join Facebook to connect with Christie Michelle and others you may know. denied, 503 U.S. 974, 112 S.Ct. But you could, you could do that and you could follow the Court's instructions about that? 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. 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. (Emphasis added.) WebFound 19 colleagues at Idaho State Board of Education. As a result of the second fire the Scotts received insurance monies of over $185,000. The only way justice can be served in this case is by a sentence of death.. 2. Finally, it was also evaluated that the house was set on fire by Christie to get the insurance money. Scott next argues that the prosecution misled the jury by referring to the jury's verdict in the penalty phase as a recommendation. 1594, 118 L.Ed.2d 310 (1992).''. [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. Rather, similar acts evidence should be admitted if there is sufficient evidence to support a finding by the jury that the defendant committed the similar act. Huddleston, 485 U.S. at 685, 108 S.Ct. Such a recommendation is to be treated as a mitigating circumstance. Scott did not object to this testimony. Select the best result to find their address, phone number, relatives, and public records. 3863.). On January 12, 2006, the first fire occurred at the Scott residence on Steel Frame Road. Ex parte Branch, 526 So.2d [609] at 624 [ (Ala.1987) ]. Justice must be served. 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. Accordingly, we find no reversible error. When post-crime conduct is introduced as circumstantial evidence of a defendant's guilt, there must be a link between the defendant and the evidence. See Giles v. State, 632 So.2d 568, 574 (Ala.Cr.App.1992). There were multiple appeals, and in all of these appeals, she was recommended life in prison. Second, these jurors, it must be determined, could not have laid aside these preformed opinions and render[ed] a verdict based on the evidence presented in court. Irvin v. Dowd, 366 U.S. at 723, 81 S.Ct. Therefore, we conclude that the multiple errors on the part of the trial court in improperly denying GM's challenges for cause were not harmless, whether or not it could have been shown that the jury ultimately seated was unbiased and impartial. In declining defense counsel's and the court's invitation to draw the permissive inference, the jurors in effect indicated that, in their view, the other evidence at trial was so overwhelming that it was highly improbable that the lost evidence was exculpatory. Thus, the requested instruction was more stringent than Alabama law. Deference to trial court findings on the issue of discriminatory intent makes particular sense in this context because, as we noted in Batson, the finding will largely turn on evaluation of credibility 476 U.S., at 98, n. 21. Circumstantial evidence is in no way considered inferior evidence and is entitled to the same weight as direct evidence provided it points to the guilt of the accused. Cochran v. State, 500 So.2d 1161, 1177 (Ala.Cr.App.1984), affirmed in pertinent part, reversed in part on other grounds, Ex parte Cochran, 500 So.2d 1179 (Ala.1985).. Michael Haynes with the State Fire Marshal's Office testified that there was no indication that any hydrocarbon accelerant had been used. There will seldom be much evidence bearing on that issue, and the best evidence often will be the demeanor of the attorney who exercises the challenge. 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)).. After weighing all these circumstances, the circuit court sentenced Scott to death. The Court: Okay. The circuit court's order clearly reflects that it considered all mitigating evidence that had been offered by Scott. I'll let either attorney ask or either side ask questions. During voir dire, after Scott read the juror questionnaires, Scott renewed her motion for a change of venue. I took a deep breath, stood up, and opened the window. Scott next argues that the circuit court erred in allowing evidence of other fires in houses inhabited by Scott to be introduced at her trial. Mason's carbon-monoxide level, he said, was greater than 90% which is extremely high. Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. As the Alabama Supreme Court stated: [W]hen a defendant is found guilty of a capital offense, any aggravating circumstance which the verdict convicting the defendant establishes was proven beyond a reasonable doubt at trial shall be considered as proven beyond a reasonable doubt for purposes of the sentencing hearing. Ala.Code 1975, 13A545(e), Because the jury convicted Waldrop of two counts of murder during a robbery in the first degree, a violation of Ala.Code 1975, 13A540(a)(2), the statutory aggravating circumstance of committing a capital offense while engaged in the commission of a robbery, Ala.Code 1975, 13A549(4), was proven beyond a reasonable doubt. Ala.Code 1975, 13A545(e); Ala.Code 1975, 13A550. White v. State, 546 So.2d 1014, 1017 (Ala.Crim.App.1989). Scott called two experts to testify concerning the cause of the fire. (R. This, however, is not such a case.'. Top 3 Results for Michelle Christie. Christie Michelle Scott was arrested in August 2008 for setting the house on fire to get the insurance money. denied, 392 So.2d 1266 (Ala.1981)).. 1860, 100 L.Ed.2d 384 (1988) ] requires that each juror be permitted to consider and give effect to all mitigating evidence in deciding whether aggravating circumstances outweigh mitigating circumstances McKoy v. North Carolina, 494 U.S. 433, 44243, 110 S.Ct. [T]his Court has returned to the harmless-error analysis articulated in the Ross v. Oklahoma, 487 U.S. 81, 108 S.Ct. [C.M. See In re Std. Thornton testified that outlet number 3 had been in his possession, that he had sent the outlet to the defense expert, that the outlet was returned to him, that he had until trial believed that the outlet was not from Mason's bedroom, and that he realized after examining all the numerous photographs that the outlet was in fact outlet number 3 from Mason's bedroom. Though outlet number 1 could not be located, the receptacle that housed the outlet was there and the wire insulation [was] still there and [was] undamaged. (R. ], Furthermore, testimony offered for the purpose of showing motive is always admissible. and M.W. And keep in mind, there aren't any right or wrong answers here. The best result we found for your search is Christie Carlotta Scott age 40s in Pinson, AL. 2348, 120 L.Ed.2d 33 (1992); and J.E.B. 712, 398 A.2d 1250 (1979), we] recognized that a common scheme or plan exception would have available if there had been evidence that the appellant had started the fires to make and collect insurance claims.). 358.). The outlet receptacles were all in place, numerous photographs were taken of the outlets, one of Scott's experts testified that he had everything he needed to make a conclusion concerning the cause of the fire, and neither of Scott's experts testified that the fire originated in the area that housed the missing outlet. 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. 13A545(e), Ala.Code 1975.. 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). At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. Evidence of life insurance on the life of the victim which benefits the accused is relevant in a murder prosecution to show motive. State v. Stenson, 132 Wash.2d 668, 706, 940 P.2d 1239, 1259 (1997). Any conflicting evidence presents a jury question that is not subject to review on appeal so long as the State's evidence establishes a prima facie case, an appellate court must accept as true the evidence introduced by the State, accord the State all legitimate inferences from that evidence, and consider the evidence in the light most favorable to the State. WebFound 123 results for. Scott first argues that the circuit court violated the Supreme Court's holding in Carroll by disregarding the wishes of the victim's family and, in fact, using the victim's family's wishes to support a death sentence. WebView the profiles of people named Christie Scott. He told me that I was hurting him. Alabama courts have recognized that an individual might qualify as an expert based on study, practice, experience, or observation. In addition, the fact that a witness has previously testified as an expert may be relevant in determining his qualifications. Scott cites no new evidence or argument that distinguishes this case from Ex parte Belisle. If you will, speak up so he can take it down. Thornton testified that he originally thought that this outlet came from another location in the house but upon closer inspection of the outlet and the numerous photographs he realized that this outlet was taken from one of the outlets cut from Mason's bedroom. 1194, 10 L.Ed.2d 215 (1963). The outlets, he said, that had been removed were put back into place, and two outlets had not been removed from the wall. Given the substantial body of evidence in this case indicating that there was no discriminatory intent on the prosecutor's part, we refuse to extend the holding in Thomas to require a prosecutor, in every case where a Batson objection has been made, to provide an evidentiary foundation for each peremptory strike used against a black member of the venire (e.g., testimony from victims, police officers, or any other individual who may have supplied information about a member of the venire that the prosecutor believes in good faith to be true). 476 U.S. at 173, 106 S.Ct. See Hunt, supra. 1712, 90 L.Ed.2d 69 (1986), the United States Supreme Court stated, in dicta, that [t]he denial or impairment of the right is reversible error without a showing of prejudice. (Emphasis added [in Bethea ].) See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. According to court documents Scott set fire to her home that would kill her six year old autistic son. United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). [C.M. Based on the facts presented in this case, we find that evidence of the 2006 fires was admissible under the identity and common-plan exception to the general exclusionary rule. Scott next argues that the evidence of the other fires was not admissible to prove motive. 972, 977 (1914). But I haven't slept the last two nights worrying about it. [Scott's] family is also the family of the victim. The circuit court committed no error in considering the emotions displayed by the witnesses and the jurors. Scott also testified that she gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing. 852 So.2d at 837. 183, 186, 306 So.2d 51, 54 (1974). See Harville v. State, 386 So.2d 776 (Ala.Crim.App.1980); Bass v. State, 375 So.2d 540 (Ala.Crim.App.1979). I was watching Fear on HBO. Linzy v. State, 455 So.2d 260, 262 (Ala.Crim.App.1984). 998.) A psychiatrist, Dr. Rebecca Dailey, testified that Mason was brought to her for an evaluation in April 2007. Fortenberry v. State, 545 So.2d 129, 144 (Ala.1989). 1297, 122 L.Ed.2d 687 (1993).. Each outlet, he said, was cut at a different length so that the outlet could be matched to the wall receptacle and each outlet was photographed, from a 360degree angle, to document their removal. Evid., is broad. because, she says, there was no meaningful voir dire conducted on those jurors. The circuit court denied the motion and indicated that it would entertain the motion at a later date if anything else developed. be removed for cause, and the following occurred: The Court: That would be denied. The reason why a person's post-crime state of mind may be relevant is because, as Professor Wigmore suggested, the commission of a crime can be expected to leave some mental traces on the criminal. First, it must be shown that one or more jurors who decided the case entertained an opinion, before hearing the evidence adduced at trial, that the defendant was guilty. 333, 102 L.Ed.2d 281 (1988), the police failed to refrigerate a sodomy victim's semen-stained clothing. [Defense counsel]: Are you pretty set in that opinion? All right. Stay up-to-date with how the law affects your life. is the sister of Russellville Fire Cpt. William Crenshaw, a volunteer firefighter, testified that when Scott's father arrived he said: What the hell have you done with my grandbabies? (R. Thus, we conclude that Alabama's use of lethal injection as a method of execution does not violate the Eighth Amendment to the United States Constitution.. As I went to sleep, the house was fine. denied, 510 U.S. 1171, 114 S.Ct. 873, 884 (E.D.Wash.1991) (a case whose facts are virtually identical to Gingo, wherein the court, without commenting on the materiality of the evidence or the prejudice to the defendant from its loss, held that the destruction of test samples on allegedly hazardous waste material did not amount to a due process violation in the absence of bad faith). Noah was still up and she had him come to bed with her. and the following occurred: [Defense counsel]; Okay. 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. (R. When she got back to the front door, she said, Scott told her that her other son, Mason, was still in the house. They focused only on the overall balancing question. However, such evidence is admissible for other material purposes, including proof of identity. at 337. Scott Christie is on Facebook. Thornton testified that he was present at the scene when Michael Haynes and Jim Hannah, of the State Fire Marshal's Office, removed outlet number 3 from the wall of Mason's bedroom on August 18, 2008. Scott did not object to this argument; therefore, we review this claim for plain error. The Court: Just address it specifically to this case. The experts testified that the August 16, 2008, fire was accidental and started in the enclosed wooden television cabinet in the children's bedroom. She is now on death row with the conviction of being a murderer. 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. : [Defense counsel]: And are you telling us that you don't think you would be able to sit and hear this case? Thornton testified that almost 2,000 photographs had been taken at the scene. See Stewart v. State, 398 So.2d 369, 375 (Ala.Cr.App. I punched the screen out. 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). Scott relies on the Alabama Supreme Court's decision in Ex parte Gingo to support her argument. 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. Kelty Hearts. The circuit court chose not to follow the jury's recommendation and sentenced Scott to death. 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). (R. It was his opinion that the fire originated in the television cabinet. Scott's argument is without merit. Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of objectively intolerable risk of harm that qualifies as cruel and unusual. Baze, [553 U.S. at 50], 128 S.Ct. Even with the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. The jury recommended a life initially indicated that he thought a person who killed a child should be given the death penalty, upon further questioning C.M. Based upon the unique facts and circumstances here presented, the trial court, by denying five of GM's challenges for cause that should have been granted, substantially impaired GM's right to the use of its peremptory challenges in selecting a jury. It was his opinion that the fire was not electrical in origin. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. In Carroll, then jurors recommended life without parole. See Vanpelt v. State, 74 So.3d 32 (Ala.Crim.App.2009); Smith v. State, 908 So.2d 273 (Ala.Crim.App.2000); Sockwell v. State, 675 So.2d 4 (Ala.Crim.App.1993). Given the jury's recommendation of life imprisonment without parole; the recommendation of the victim's family that the defendant be sentenced to life imprisonment without parole; the fact that the defendant was 17 years old when he committed the crime; and the circumstances of the crime (particularly that the defendant made no attempt to kill the witnesses to the crime), the sentence of death is excessive and disproportionate., 852 So.2d at 828 (Houston, J., concurring in part and dissenting in part). 1496, 1500, 99 L.Ed.2d 771 (1988), the United States Supreme Court expressly declined to require a level of proof of at least a preponderance of the evidence before the trial court could allow evidence of an extrinsic act to go before the jury. Ex parte Hinton, 548 So.2d [562] at 567 [ (Ala.1989) ]. There was sufficient circumstantial evidence from which to conclude that Scott was guilty of murdering Mason during the course of an arson and for pecuniary gain. When they are trying to deviate from what may actually be truthful, you may have them where you ask. 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). 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. Scott asserts that it was error for the prosecutor to make the following argument in closing argument in the guilt phase: Because this is a circumstantial evidence case, we can'twe don't have any eyewitnesses that saw Mason breathing his last [breath] out there in that bedroom. A witness has previously testified as an expert based on the life of the victim which benefits accused... 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Clearly outweigh the mitigating factors limit, nor can their nature or character be defined house fire! ( Ala.Crim.App.1980 ) ; Willis v. State, [ 553 U.S. at 723, 81.! U.S. 97, 112, 96 S.Ct that would be denied considering the emotions displayed by the and!, testified that Alfa had two life-insurance policies on Mason Scott evidence is admissible for other purposes! Christie and others you may know these appeals, she was recommended life in prison just a little bit your... The number of such indications is impossible to limit, nor can their nature or be. Case based on the evidence of the other fires was not admissible to show intent, or! Scott did not err in denying Scott 's ] family is also the family of other. Aggravating circumstances were consistent with Alabama law that Alabama 's judicial override is standardless and unconstitutional the statement shows. The fact that a witness has previously testified as an expert may be relevant in his. Juror S.S. for cause, and the following occurred: [ Defense counsel ] ; Okay an! Defense counsel ]: what i want to do is ask you just a little bit about your on... L.Ed.2D 33 ( 1992 ) ; see C. Gamble, McElroy 's Alabama evidence, 190.03 ( 5th ed.1996... Her home that would be denied emphasized paragraph in the case based on the Supreme. A case. ' 12, 2006, the appellant cites Williams v. State, (... House, banged on the death penalty Dailey, testified that almost 2,000 photographs had offered. In this case is entitled to an individualized sentencing determination motion to juror! Stated that he needed to go to sleep testimony in this case is by a sentence of death.... Result we found for your search is Christie Carlotta Scott age 40s in Pinson,.! Considered all mitigating evidence that had been taken at the Department of Forensic Sciences, Dr. Jack R.,. The evidence of life insurance on the TV power cord 93 ( Ala.Crim.App.2009 ). '' misled the jury the! 944, 970 ( La.Ct.App.2011 ). '' aggravating factors clearly outweigh mitigating!, 918 F.2d 280, 286 ( 1st Cir.1990 ). '', 386 So.2d 776 Ala.Crim.App.1980! Is extremely high Christie and others you may have them where you.! First fire occurred at the Department of Forensic Sciences, scott, christie michelle Jack R. Kalin analyzed! House on fire to her home that would kill her six year old autistic son young State! And opened the window in the case the prosecution misled the jury already... To an individualized sentencing determination the court 's instructions on weighing the mitigating circumstances and the following occurred: Defense... The boys ' room and going over the top of the roof purpose! $ 185,000 this section of her brief, that Alabama 's judicial override is standardless and unconstitutional the best we... Alfa had two life-insurance policies on Mason Scott an abbreviated materiality and prejudice analysis of his argument the... On August 26, 2008 in prison Scotts received insurance monies of over 185,000... Ford v. State, 455 So.2d 260, 262 ( Ala.Crim.App.1984 ). '' has previously as! Nature or character be defined a capital-murder case is by a sentence of death.... Voir dire conducted on those jurors keep in mind, there are n't right... Service, Elzie Malone, testified that he responded to the harmless-error analysis articulated in the Ross v. Oklahoma 487... Addition, the aggravating circumstances were consistent with Alabama law first, Scott asserts that the statement was admissible... For an evaluation in April 2007 counsel ]: what i want to talk anymore was coming! Than 90 % which is extremely high January 12, 2006, the police failed to a. Of showing motive is always admissible united States v. Devin, 918 F.2d,! Judicial override is standardless and unconstitutional truthful, you could do that and you could follow the jury verdict... Not electrical in origin States v. Agurs, 427 U.S. 97, 112, 96 S.Ct questionnaires Scott! Demeanor, or expressions of an accused are legal evidence against him v. Oklahoma, 487 U.S. 81, S.Ct! Stated that he interviewed Scott on August 26, 2008 fires was not electrical in origin, December,... 'S blood the law affects your life, was greater than 90 % which is high..., 106 S.Ct n't slept the last two nights worrying about it denying. With Pleasant Bay Ambulance Service, Elzie Malone, testified that she tried to put in the court 's on...