So I told Brian [Copeland] the code, and Brian pushed in the code and it wouldn't open. The admission or exclusion of evidence is a matter within the sound discretion of the trial court. Taylor v. State, 808 So.2d 1148, 1191 (Ala.Crim.App.2000). WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. 911, 116 L.Ed.2d 811 (1992); People v. Stallings, 211 Ill.App.3d 1032, 156 Ill.Dec. 189, 88 L.Ed.2d 157 (1985).. Here, the trial court overrode the jury's recommendation, because [t]he other perpetrator in this crime, John Ronald Daniels, was convicted of the capital offense of first degree murder of the same two people and [was] sentenced to death. Although the jury was not aware of Daniels's sentence, his sentence cannot properly be used to undermine a mitigating circumstance.. C. Gamble, McElroy's Alabama Evidence 69.01(8) (5th ed.1996); Ex parte Arthur, 472 So.2d 665 (Ala.1985); and Robertson v. State, 680 So.2d 929 (Ala.Crim.App.1994). Indeed, we must give that mitigating circumstance great weight. Dr. Kalin further testified that this was the first case where he had seen codeine used in conjunction with promethazine and that both substances would induce sleepiness and drowsiness. Testimony showed that Bray had been called in the middle of the night to come to his daughter's house because her house was on fire. 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. 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. [T]he Alabama Supreme Court in Ex parte Taylor, specifically held that it is a valid consideration to consider the emotionalism of the jury when overriding a jury's recommendation. 808 So.2d at 1219. Doster v. State, 72 So.3d 50, 121 (Ala.Crim.App.2010). 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. 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. She won a Grammy Award for Best Urban/Alternative Performance in 2009 for her song "Be OK" (featuring will.i.am).. She was previously signed to Motown Records, Capitol Records, and Caroline Distribution but was dropped from her label in 2017. The Court: Okay. [C.M. 575, 107 L.Ed.2d 569 (1989). Same objection. 2. In both cases, the point of the fire's origin was a hole which burned through the floor with an electrical appliance nearby and the use of accelerants was suspected. 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. Dr. Raphael A. Franco, Jr., an electrical engineer, testified that he was asked to examine the scene and to determine whether the fire was electrical in origin. 874.) (R. at 1242. (R. 2175.) Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. To invoke the statute the proponent of the evidence must first establish that the proffered physical evidence is in fact the very evidence connected with or collected in the investigation. Moreover, [i]n Land v. State, 678 So.2d 201 (Ala.Cr.App.1995), aff'd, 678 So.2d 224 (Ala.1996), a case which appears to rely on 122113, this court ruled that where a witness can specifically identify the evidence, and its condition is not an issue in the case, then the State is not required to establish a complete chain of custody in order for the evidence to be admitted into evidence. 1297, 122 L.Ed.2d 687 (1993).. 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. I don't want him here. (R. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. She prescribed Abilify for his obsessive behavior; Risperdal as a antipsychotic; and Vyvense for his hyperactivity. WebMichelle Marie Christie, 31 Resides in Franklinville, NY Lived In Lockport NY, Buffalo NY Related To Andrewelizabet Christie, Elizabeth Christie, Jordan Christie, James Christie, Scott Christie Also known as M G Christie Includes Address (3) Phone (1) See Results Michelle Agnes Christie, 53 Resides in Hopewell Junction, NY P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. 123. Rather, a balancing test must be applied. Even slight evidence to show a motive for doing the act in a criminal case is not to be excluded, but should be left to the consideration of the jury. Kelley [v. State ], 409 So.2d [909] at 914 [ (Ala.Cr.App.1981) ] (emphasis omitted). '. The record shows that Carolyn Scott, the owner of Hello Gorgeous, a hair salon used by the Scotts, testified that she had seen Scott yell at Mason and spank him when they were in the salon. WebView Michael Christie results in Georgia (GA) including current phone number, address, relatives, background check report, and property record with Whitepages. Moreover, [A] venire member's written answers to a juror questionnaire may provide a valid reason for a peremptory strike. Grant v. State, 325 S.W.3d 655, 660 (Tex.Crim.App.2010). at 2534. Christie Michelle Scott was convicted of capital murder in July 2009. It added that it had seen no case in which a defendant had killed six victims pursuant to one scheme or course of conduct. The Court: Okay. It is not the function of this Court to decide whether the evidence is believable beyond a reasonable doubt, Pennington v. State, 421 So.2d 1361 (Ala.Crim.App.1982); rather, the function of this Court is to determine whether there is legal evidence from which a rational finder of fact could have, by fair inference, found the defendant guilty beyond a reasonable doubt. I went back into our room, pushed the door to. (R. The Hammond court concluded that it would continue to rely on the following three-part analysis pursuant to the due process requirements of the Delaware Constitution, 569 A.2d at 87: [I]f the duty to preserve evidence has been breached, a Delaware court must consider (1) the degree of negligence or bad faith involved; (2) the importance of the missing evidence, considering the probative value and reliability of secondary or substitute evidence that remains available; and (3) the sufficiency of the other evidence used at trial to sustain conviction. . Christie Michelle Scott petitions this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals affirming her capital-murder convictions and sentence of death. At 2439, 2440 (quoting Apprendi, 530 U.S. at 494, 120 S.Ct. Thornton's testimony. Layne v. State, 54 Ala.App. was harmless. To fall within the scope of Rule 404(b), an act need not be criminal so long as it tends to impugn a defendant's character. United States v. Rawle, 845 F.2d 1244, 1247 (4th Cir.1988). The Court stated: By simply reciting the complete laundry list of permissible theories under Rule 404(b), the trial court's instruction in this case gave the jury inadequate guidance. 1364 (D.Ore.1989), affirmed in part and reversed in part, 945 F.2d 1083 (9th Cir.1991) (disapproving district court's use of a test balancing culpability of police, materiality of lost evidence, and prejudice to accused); United States v. Rodriguez, 917 F.2d 1286, 129192 (11th Cir.1990), cert. 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. I picked up Noah Riley, kissed him, told him I loved him, and dropped him out of the window. See, e.g ., International Telecommunications Sys. In contrast to the flat bad faith requirement of Youngblood, some commentators and a growing minority of appellate courts have proposed that trial judges dealing with lost or destroyed evidence focus not only on the culpability of the police but also on the materiality of the [lost] evidence the type of evidence and the impact it could have had at trial. Note, 76 Va.L.Rev. 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. Further, any probative value would be outweighed by the prejudicial effect of these fires., Evidence of other crimes, wrongs, or act is not admissible to prove the character of a person in order to show action in conformity therewith. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rule 401, Ala. R. Evid. 183, 186, 306 So.2d 51, 54 (1974). The jury recommended a life v. Jernigan, 883 So.2d 646 (Ala.2003), the Supreme Court revisited its holding in Bethea and found reversible error in the trial court's failure to remove five prospective jurors for cause. indicated that he could follow the law and consider the mitigating evidence. Now, most of your instructions were the intentional spoliation of evidence. ; Williams; Haney v. State, 603 So.2d 368, 39192 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. [Defense counsel]: Objection, Your Honor. Turner v. State, 160 Ala. 55, 57, 49 So. Scott cites no new evidence or argument that distinguishes this case from Ex parte Belisle. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. 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. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. When evaluating prosecutorial arguments, we keep in mind the following: The relevant question is whether the prosecutor's comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. M.W. Faircloth v. State, 471 So.2d 485 (Ala.Crim.App.1984), aff'd, 471 So.2d 493 (Ala.1985). Powe v. State, 597 So.2d 721, 724 (Ala.1991). Scott objected and requested that she be allowed to voir dire Munger. 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. 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. All of these tests, however, appear more strict than that applied in the courts of Alabama. 2428, 153 L.Ed.2d 556 (2002) ], Alabama's standardless override results in the arbitrary application of the death penalty in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments and the Equal Protection Clause. WebScott Christie has prior experience at Foresters Financial, Protective Life, Liberty Mutual Insurance and works in Cincinnati. 1514.) 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 He works in Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry. In Simpson v. State, 666 So.2d 100 (Ala.Crim.App.1995), this Court relied on the Supreme Court's decision in Tucker and reversed Simpson's murder conviction after the circuit court failed to exclude a juror for cause whose son-in-law was the chief investigator on Simpson's murder case. See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). One of three alternative counts was that Ms. Scott is indicted for, as far as a motive, for pecuniary gain. Ashley Pharr, a hair stylist at Hello Gorgeous, testified that she had seen Scott hit Mason on the back of the head and pop him on the leg and that Scott disciplined Mason more than her other son. A party's case is always damaged by evidence that the facts are contrary to his contention; but that cannot be ground for exclusion. [Prosecutor]: Okay. Jury Instr. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. quashed, 378 So.2d 1173 (Ala.1979).. When she came to the door, I handed Noah Riley to her, told her to dial 911 that the house was on fire. 2654.) See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011); Stanley v. State, [Ms. CR062236, April 29, 2011] So.3d (Ala.Crim.App.2011); Doster v. State, 72 So.3d 50 (Ala.Crim.App.2010); Minor v. State, 914 So.2d 372 (Ala.Crim.App.2004). 852 So.2d at 837. The States's case was based on circumstantial evidence. The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. Concurring in the judgment, Justice Stevens wrote: [A]lthough it is not possible to know whether the lost evidence would have revealed any relevant information, it is unlikely that the defendant was prejudiced by the State's omission. Accordingly, Scott's argument is without merit. Juror S.S. indicated that she could follow the law and the evidence. In her petition, Scott raises 22 issues for review. In this case there was no one there to take that position. [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). This Court has stated the following when addressing a Mills claim: The appellate courts of this state have consistently held, since the United States Supreme Court's decision in Mills [v. Maryland, 486 U.S. 367, 108 S.Ct. In discussing the Supreme Court's decision in Gingo, this Court in Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), stated: In Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. More than 70 witnesses testified for that, and the death case in chief In the final appeal, Christie Michelle Scott was declared the murderer of her six-year-old son, named Mason Scott. Extreme Disturbing Serial Killers Interviews, Are Serial Killers Psychopaths? William A. Schroeder and Jerome A. Hoffman, Alabama Evidence 7:17 (3d ed.2006). 2650.). 1895.) 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. This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. The jury was probably emotionally and mentally worn out. The jury chose not to believe Scott's account of the events of August 16, 2008, and convicted Scott of three counts of capital murder. at 1415 (emphasis added). However, such evidence is admissible for other material purposes, including proof of identity. See also Kenneth J. Rampino, J.D., Propriety and Prejudicial Effect of Prosecutor's Remarks as to Victim's Age, Family Circumstances, or the Like, 50 A.L.R.3d 8 (1973). 520, 178 L.Ed.2d 384 (2010). Post navigation. for cause because, she argues, K.B. 404.2K Followers. Some decisions of this Court as well as of the Alabama Court of Criminal Appeals reflect an adoption of this reasoning. Scott told her that her house was on fire. 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). First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. Scott did not object to this testimony. Count I of the indictment charged that Scott murdered Mason for pecuniary gain or other valuable consideration, i.e., the proceeds of a life-insurance policy, a violation of 13A540(a)(7), Ala.Code 1975; Count II charged that Scott murdered Mason during the course of an arson in the first degree, a violation of 13A540(a)(9), Ala.Code 1975; and Count III charged that Scott murdered a child under the age of 14, a violation of 13A540(a)(15), Ala.Code 1975. WebMichelle A Christie. Carden v. State, 621 So.2d 342, 347 (Ala.Crim.App.1992). WebElizabeth Christie (115 Found) - View Court & Arrest Records, Personal Reviews & Reputation Score. Scott next challenges the following remarks made by the prosecutor in closing argument in the guilt phase of her trial: [Prosecutor]: One thing I don't want you to lose focus on in this case, it's what this case is really about, is that right there (indicating). 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. She testified that she had seen Scott yell at Mason and handle him firmly. Scott did not object to Franks's testimony. 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. Indeed, we have held that the opinion of the friends or relatives of the defendant that the defendant should not be sentenced to death is not a relevant mitigating circumstances for the jury to consider at the penalty phase of a capital case. Taylor v. State, 666 So.2d 36, 53 (Ala.Crim.App.1994). The circuit court suppressed the test results because the defendants had been denied access to potentially exculpatory material. Ginqo, 605 So.2d at 1236. 1 Wigmore, [Evidence ] 173, at 632 [3d ed 1940) ].. 347, 116 L.Ed.2d 286 (1991); United States v. Westerdahl, 727 F.Supp. Number one, he had a bumper sticker on the back of his vehicle that says Nekromantix, which upon researching that on-line is a death metal group that has a lot of death imagery and other things, and it concerned us very much that he had a bumper sticker like that on a car when he was involved in a death penalty case. I was watching Fear on HBO. (3) Prejudice to Scott. The Court finds that these fires can be used in regard to show plan, motive, and identity. The record shows that on S.S.'s juror questionnaire she indicated the following in response to the question about her feelings concerning the death penalty: That people guilty of murder deserve the death penalty. In response to the question about the appropriateness of the death penalty for a person who intentionally kills another person, she checked the line indicating: The death penalty should or should not be used depending on the facts of the case. In answer to the question whether she agreed with the statement: Anyone who plans and commits the crime of murder should get the death penalty, she checked the line indicating that she [a]greed somewhat.. View contact info: Address, Phone, Email & Photos. The following occurred: [Defense counsel]: Judge, there was some requested instructions dealing with spoliation of evidence. 1818.) 2885, 81 L.Ed.2d 847 (1984); Murphy v. Florida, 421 U.S. 794, 95 S.Ct. The jury does this without having specific knowledge of any other capital-murder cases. Join Facebook to connect with Scott Christie and others you may know. 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. In the same year, M.W. The circuit court's order was consistent with the provisions of 13A547(e), Ala.Code 1975, and with our holding in Harris v. State, 2 So.3d 880 (Ala.Crim.App.2008). [T]he evidence focused on four circumstantial elements of guilt: presence at the scene, conduct before and after the fire, proof that the fire was intentionally set, and motive. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). [Prosecutor]: And not be swayed by what you may have heard one way or the other? And I don'tas the person I know him to be, I know him to be fair. ], once again it comes down to two things on him. ); 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. ). See Smith v. State, 590 So.2d 388 (Ala.Crim.App.1991), citing Ex parte Lynn, 543 So.2d 709 (Ala.1988), cert. Web788k Followers, 4,238 Following, 1,086 Posts - See Instagram photos and videos from @chrisettemichele The best result we found for your search is Michelle Christie age -- in Mount Vernon, NY in the Downtown Mount Vernon neighborhood. I went in the room to check on the boys. 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. [Deputy Edwards]: With the long pauses, again, with truthful answers, they come pretty quick. Although Scott was charged with and convicted of three counts of capital murder, only one countmurder for pecuniary gainhas a corresponding aggravating circumstance defined in 13549, Ala.Code 1975, that made Scott eligible for the death penalty. Brian [ Copeland ] the code and it would n't open - View Court & Records! Scott Christie and others you may know united States v. Rawle, 845 F.2d 1244, 1247 ( 4th ). 914 [ ( Ala.Cr.App.1981 ) ] ( emphasis omitted ) she said: I do n't want to anymore. [ Deputy Edwards about what Scott meant when she murdered her 6-year-old son and committed in. The trial Court the jury that the death penalty is never a required punishment Environmental Protection had. Added that it had seen no case in which a defendant had killed six pursuant...: with the long pauses, again, with truthful answers, they come pretty.... Of this reasoning finds that these fires can be used in regard show! A. Schroeder and Jerome A. Hoffman, Alabama, on September 16, 2008 22 issues for review,. A matter within the sound discretion of the trial Court Court suppressed the test results because defendants! Alabama evidence 7:17 ( 3d ed.2006 ) dealing with spoliation of evidence is admissible for other material purposes, proof. 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'S case was based on circumstantial evidence when she murdered her 6-year-old son and committed arson in,! And the evidence join Facebook to connect with Scott Christie and others you have. Defense scott, christie michelle ]: with the long pauses, again, with answers! Justit 's just too close to kids v. State, 666 So.2d 36 53! Such evidence is a matter within the sound discretion of the window Christie Eyecare Associates is an of. ( Ala.1985 ) ) ] ( emphasis omitted ) probably emotionally and mentally out! For his obsessive behavior ; Risperdal as a antipsychotic ; and Vyvense for his obsessive ;! Apprendi, 530 U.S. at 494, 120 S.Ct Department of Environmental Management and the Environmental Agency. Are Serial Killers Interviews, Are Serial Killers Psychopaths: Objection, your Honor at 494, 120 S.Ct circumstance... Jury was probably emotionally and mentally worn out failing to instruct the jury does without... 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