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. 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). 2273, 101 L.Ed.2d 80 (1988) ], [United States v.] MartinezSalazar, [528 U.S. 304 (2000),] Bethea [v. Springhill Memorial Hospital, 833 So.2d 1 (Ala.2002),] and Turner [v. State, 160 Ala. 55, 49 So. 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. WebScott testified that after waking to discover her house was on fire, she attempted to rescue Mason, who was sleeping in his bedroom down the hall, but was turned back by thick at 1567 (Ginsburg, J., dissenting). This fire was ruled an accident. Ex parte Bryant, 951 So.2d 724, 727 (Ala.2002). And in this case, the 2006 cases, it was the very same situations where the fire occurred two days apart, Ms. Scott was the last person to leave those fires, one fire was caused by the stove eye being left [on] and she was [the] last person to leave that house. 183, 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600, 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. 1860, 100 L.Ed.2d 384 (1988) ], that as long as there is no reasonable likelihood or probability that the jurors believed that they were required to agree unanimously on the existence of any particular mitigating circumstances, there is no error in the trial court's instruction on mitigating circumstances. Was that appropriate for the death penalty every time? The evidence also showed that Scott had obtained two life-insurance policies on Mason and Noah within months before Mason's death and on August 15, 2008, had applied for a third life-insurance policy. During voir dire of S.S., the following occurred: [Prosecutor]: Could you if it comes to this point in the trial, sit on the jury venire and during the sentencing phase and listen to the mitigating circumstances and the aggravating circumstances and fairly consider all of the options you have? Initially, we question whether the admission of evidence of the January 12, 2006, fire was governed by Rule 404(b), Ala. R. A verdict of conviction will not be set aside on the ground of insufficiency of the evidence unless, allowing all reasonable presumptions for its correctness, the preponderance of the evidence against the verdict is so decided as to clearly convince this court that it was wrong and unjust. ), cert. Based on this Court's holding in Briggs, the evidence presented was sufficient to connect Scott to the 2006 fires. 3922.) Steve Thornton testified that he was present when the outlets were removed from Mason's bedroom. 3375, 87 L.Ed.2d 481 (1985). (2) Materiality of the lost outlet. It is clear that the above comment was a reference to the severity of the murder and was not the improper application of a nonstatutory aggravating circumstance. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. The facts, as set out extensively in the beginning of this opinion, were sufficient to present the issue of Scott's guilt to the jury for its consideration. It should set off bells and whistles to investigators. at 337. In Carroll, 10 jurors recommended life without parole. Thus, we find no error in the circuit court's admission of Bray's statement to Scott. [Deputy Edwards]: With the long pauses, again, with truthful answers, they come pretty quick. It added that it had seen no case in which a defendant had killed six victims pursuant to one scheme or course of conduct. ), aff'd 500 So.2d 1064 (Ala.1986), cert. has held up the conviction and death sentence of a Franklin County woman for killing her 6-year-old son Well, the question that I have to have satisfied is whether the information that you already know regarding Mr. Copeland and any conversations you've had from his family would affect you in some way? Thornton's testimony. One outlet, he said, the outlet that was behind Mason's bed could not be located; however, numerous photographs of this outlet had been made. I would ask you not to talk to anyone at home about the case tonight .. Scott called two experts to testify concerning the cause of the fire. Nothing about these words implies that the other acts' to which Rule 404(b) refers must be bad. Indeed, to read the Rule as such violate[s] the cardinal principle of statutory interpretation that courts must give effect, if possible, to every clause and word of a statute. Triestman v. United States, 124 F.3d 361, 375 (2d Cir.1997) (quoting United States v. Menasche, 348 U.S. 528, 53839, 75 S.Ct. Born Laura Bambrough, the statuesque beauty left her home state of Utah as a teenager to become a model in Paris. At the conclusion of the court's instructions, Scott did not object to the court's failure to charge the jury on the agreement necessary to find the existence of mitigating circumstances. Christie Michelle Scott is on Alabama Death Row for the murder of her child. The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. 972, 977 (1914). 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. She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance. [T]he harmless error rule does apply in capital cases at the sentence hearing. Ex parte Whisenhant, 482 So.2d 1241, 1244 (Ala.1983).. Dr. Carter testified that the cough syrup would make a child sleepy. The Scotts had the same coverage for Noah. indicated that she was impartial, that she could follow the law, and that she could apply the law to the facts of the case. The circuit court did not err in declining to give the jury an adverse-inference instruction on the loss of the evidence given that there was no evidence of bad faith on the part of the State nor was the missing evidence material to Scott's defense. In United States v. Herndon, 982 F.2d 1411 (10th Cir.1992), the defendant argued that similar acts evidence was irrelevant because the government had failed to prove that he had committed the earlier similar offense on which proof had been admitted. Evidence of recent abuse to the deceased child by the defendant is admissible to show intent, motive or scienter. (1) Culpability of the State. 404.2K Followers. All of these tests, however, appear more strict than that applied in the courts of Alabama. (R. 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). In applying this standard, the appellate court will determine only if legal evidence was presented from which the jury could have found the defendant guilty beyond a reasonable doubt. The United States Court of Appeals for the First Circuit has stated: Rule 404(b) allows evidence of crimes, wrongs, or acts' to be introduced. We went to sleep. 1260. Dr. Scott was a pioneer in the field, becoming one of only a few female ophthalmologists in the Pittsburgh area when she began her practice in 1958. Thus, if any error occurred, it was invited by defense counsel's actions. 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 next thing I remember is something hitting my face. In this case, the jury has already performed this calculus based on its understanding of the evidence introduced at trial. See also State v. Lowther, 434 N.W.2d 747, 753 (S.D.1989) (There was a similar sequential relationship between the January fire and the December fire. 590 So.2d at 91920. [T]he crime of arson is, by its very nature, secretive and usually incapable of direct proof. People v. Smith, 253 Ill.App.3d 443, 449, 191 Ill.Dec. As I started to wake up, I could smell the smoke and feel the heat on my face. In Trombetta, this Court found no due process violation because the chances [were] extremely low that preserved [breath] samples would have been exculpatory. [Trombetta, 467 U.S.] at 489, 104 S.Ct. Each of our sister Circuits to consider the issue has concluded that Rule 404(b) extends to non-criminal acts or wrongs, and we now join them.''. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. I crawled back over to the bed and pulled Noah Riley off in the floor. Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. If there is no evidence of bad faith, the sanction imposed by the trial court should be no more than is necessary to assure the defendant a fair trial. But you could, you could do that and you could follow the Court's instructions about that? Join Facebook to connect with Christie Michelle and others you may know. I interrupted you. So that would be denied.. for cause because A.K. We can't show you that.. [Prosecutor]: Okay. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. Both of Scott's experts testified that the fire originated in the television cabinet and not near or around outlet number 3. Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. Scott asserts that juror C.M. Justice Ginsburg and Justice Souter dissented from the main opinion, arguing that Kentucky's protocol lacks basic safeguards used by other States to confirm that an inmate is unconscious before injection of the second and third drugs. Baze, [553 U.S. at 114], 128 S.Ct. The test to be applied in determining whether a juror should be removed for cause is whether the juror can eliminate the influence of his previous feelings and render a verdict according to the evidence and the law. The Court: All right. Christie Michelle Bray Scott was born in 1978 and lived in Alabama in Russellville. The circuit court found the following nonstatutory mitigating circumstances: [Scott] presented testimony from family and friends that indicated they loved her and did not want to see her die. Circumstantial evidence alone is enough to support a guilty verdict of the most heinous crime, provided the jury believes beyond a reasonable doubt that the accused is guilty. White v. State, 294 Ala. 265, 272, 314 So.2d 857, cert. at 1643 [6 L.Ed.2d at 756].. For that reason, we give great deference to a trial judge's ruling on challenges for cause. [T]his Court has returned to the harmless-error analysis articulated in the Ross v. Oklahoma, 487 U.S. 81, 108 S.Ct. Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. Neither defense expert testified that faulty outlets were the cause of the fire; rather, they testified that the fire started in the television cabinet in the boys' room. [Deputy Edwards]: Yes. Term 1993); People v. Von Villas, 10 Cal.App.4th 201, 13 Cal.Rptr.2d 62 (1992); People v. Wimberly, 5 Cal.App.4th 773, 7 Cal.Rptr.2d 152 (1992). And then, of course, she's collected the full insurance proceeds for that house. While it was error to refuse to allow the defendant to challenge the juror C.S. The Betheas do not proffer any evidence indicating that the jury that was eventually impaneled to hear this action was biased or partial. A check from Alfa had been issued to the Scotts for $25,000 after Mason's death, but Alfa declined to pay the remaining amount because Scott had omitted information concerning Mason's health and his medications on the application for the $50,000 policy. Nelson v. State, 440 So.2d 1130, 1132 (Ala.Crim.App.1983). She diagnosed Mason with Attention Deficit Hyperactivity Disorder (ADHD); Oppositional Defiant Disorder (ODD); and Pervasive Developmental Disorder (PDD). Oh, no, not my babies. (R. The email address cannot be subscribed. Scott next argues that the circuit court erred in death-qualifying the jurors because, she says, it produced a conviction-prone jury that was more likely to vote for the death penalty. During closing argument, the prosecutor, as well as defense counsel, has a right to present his impressions from the evidence, if reasonable, and may argue every legitimate inference. Reeves v. State, 807 So.2d 18, 45 (Ala.Crim.App.2000). I put in the code and the doors would not open. Neither is Scott's death sentence disproportionate nor excessive as compared to the penalties imposed in similar cases. The critical factor is whether the person who made the statement is still under the influence of the emotions arising from the startling event. See State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152, 1161 (1993) (Feldman, C.J., concurring in part and dissenting in part) (The answer [to the question whether the accused had a fundamentally fair trial despite the State's good faith failure to preserve evidence] is fact-intensive and depends on the quality and quantity of the other evidence, the type of evidence that was lost, its potential value for exculpatory purposes, and similar issues'). Because that's what caused that bead. It is well within the jury's province to disbelieve [the appellant's] version of the events.. be removed for cause without stating any grounds. I spent 6 years at Allied to earn a living and pay my way
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