[U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. The following occurred during his direct examination: [Prosecutor]: [D]id you form an opinion as to whether all accidental nonintentional causes of the fire had been eliminated? However, Birge involved the chain of custody for a biological sample collected from a victim's bodynot physical evidence collected during the course of an investigation. Join Facebook to connect with Christie Scott and others you may know. The Court: Okay. 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. Scott argues that double-counting the aggravating circumstance that the murder was committed for pecuniary gain as both as an aggravating circumstance and as an element of the capital-murder offense violates her rights to due process and to a fair and impartial jury. Woodall v. Commonwealth, 63 S.W.3d 104, 12021 (Ky.2001). See 13A546(f), Ala.Code 1975.4 Specifically, Scott argues that the compelling mitigation evidence that was presented from over 20 friends and family members warranted a sentence of life imprisonment without the possibility of parole and that the court's override of the jury's recommendation violates the Alabama Supreme Court's decisions in Ex parte Taylor, 808 So.2d 1215 (Ala.2001), and Ex parte Carroll, 852 So.2d 833 (Ala.2002). At the time of the fire, Scott and her four-year-old son Noah were sleeping in Scott's bedroom, Mason was in the boys' bedroom, and Jeremy Scott, Scott's husband, was not at home and had been out of town for several weeks. In this case, when evidence of the 2006 fires was admitted, the court gave the jury the following instruction: Now, the law says any evidence concerning any other fire cannot be used as evidence to prove the character of the defendant in order to show action and conformity therein. Cpt. 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. Tyson v. State, 784 So.2d 328, 351 (Ala.Crim.App.2000). Scott called two experts to testify concerning the cause of the fire. at 1415 (emphasis added). I really didn't read any instructions about the, I guess you would say, innocent, or negligent mishandling of that. The fire, he said, originated in Mason's and Noah's bedroom. (R. (1) Culpability of the State. 90, 809 P.2d 865 (1991) [adopting Arizona v. Youngblood bad faith standard as a matter of state constitutional law].. WebView the profiles of people named Christie Michelle. All right. Yep, I would have to give them the death [penalty] for killing a child. Accordingly, we review this claim for plain error. The jury recommended a life The State moved that Munger be qualified as an expert. Residual doubt is not a factor that should be used in the sentencing portion of the case; however, the jury may have considered this. Insurance coverage is relevant evidence of motive. The evidence of the past fire cannot be used as substantive evidence that the defendant committed this charged offense that she is charged with now.. Prejudicial is used in this phrase to limit the introduction of probative evidence of prior misconduct only when it is unduly and unfairly prejudicial.' 2374.). ), Jerry Yarborough, a paramedic with Pleasant Bay Ambulance Service, testified that when Scott's father arrived at the scene he was upset and said to Scott: Where's my babies? While it is true that it is not necessary for the prosecution to prove a motive for murder, if a motive is proveable, it certainly is relevant to a material issue which the state must provethe guilt of the accused. Fountain v. State, 681 S.W.2d 858, 864 (Tex.App.1984). The Supreme Court found that Carroll's lack of a significant criminal history, the victim's family requests to spare Carroll's life, and the jury's 10 to 2 recommendation tip [ed] the scales in favor of a sentence of life imprisonment. The characteristic was parricide, and the purpose of her mother was to collect the insurance money. I was aware of Dr. Franco's work. But you could, you could do that and you could follow the Court's instructions about that? Select this result to view Christie Carlotta Scott's phone number, address, and more. Vanpelt, 74 So.2d at 89. Copeland said that Scott told him that all the doors were locked and there was no way to get inside the house, that Scott did not enter any numbers in the keypad to open the garage door in his presence, that he did not enter any numbers in the keypad, and that he did not have to restrain Scott to prevent her from going into the house. Melissa Lucios Daughter Death May Have Been Accidental. Improper victim impact. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Hammond, 569 A.2d at 87. I ran to Jennifer's house, banged on the door. denied, 464 U.S. 1047, 104 S.Ct. The circuit court did not abuse its discretion in allowing evidence concerning Scott's treatment of Mason. The record shows that Melinda Swinney, a stylist in a hair salon at WalMart discount store, testified that on Monday after the Saturday fire she saw Scott. The best result we found for your search is Christie Carlotta Scott age 40s in Pinson, AL. She set her house on fire, and smoke inhalation became the reason for her sons death. To override the jury's recommendation, Ex parte Carroll directs the trial court to try to discern why the jury made their recommendation. at 1242. Scott cannot establish that the State suppressed evidence, that that evidence was favorable to Scott, or that the evidence was material to Scott's defense. Let me just ask you, though, the reason that you do not feel that you can be fair and impartial to both sides is? I'm going to excuse him based on the fact he tells me he can't be fair and impartial based on what he knows. The Commonwealth can rely on a jury questionnaire to derive its race neutral reasons for striking a juror. Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. 3234.) 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 defendant] relies on the presumed prejudice standard announced in Rideau, and applied by the United States Supreme Court in Estes and Sheppard. See also Ex parte Martin, 548 So.2d 496 (Ala.1989), cert. Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. 476 U.S. at 173, 106 S.Ct. View Full Report. During Cpt. also did not ask to be excused from service because of her grandchild. In determining whether the presumed prejudice standard exists the trial court should look at the totality of the surrounding facts. Patton v. Yount, 467 U.S. 1025, 104 S.Ct. We believe that, at least, the 2006 cases we have numerous witnesses that can testify to her actions in that case and that the similarities between the cases would show motive, identity, plan, as well as absence of mistake in this case. Join Facebook to connect with Christie Scott and others you may know. Evid., is broad. 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. 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. This disjunctive terminology shows unmistakably that Rule 404(b) reaches conduct which is neither criminal nor unlawful so long as the conduct is probative of, and revelatory as to, a permitted purpose.. ]: Because I'm just real tender hearted. 1895.) At approximately 2:30 a.m., she said, she was awakened when Noah slapped her on the face. A.K. denied, 474 U.S. 865, 106 S.Ct. 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 See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. 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. [Defense counsel]: Well, that's what we want to hear. 2633.) See also State v. Shaw, 154 Vt. 648, 577 A.2d 286, 287 (1990) (wherein the court employed a pragmatic balancing of three factors: (1) the degree of negligence or bad faith on the part of the government; (2) the importance of the evidence lost; and (3) other evidence of guilt adduced at trial). As such, the prior fire cannot be said to constitute an offense to which the general exclusionary rule applies.. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). WebView Becky Scott results in Tennessee (TN) including current phone number, address, relatives, background check report, and property record with Whitepages. With these principles in mind, we review the issues raised by Scott in her brief to this Court. ]: I mean, without crying and carrying on. concurring and dissenting]. [Prosecutor]: Okay. 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). [T]his Court has returned to the harmless-error analysis articulated in the Ross v. Oklahoma, 487 U.S. 81, 108 S.Ct. 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. 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). ), cert. 615 (1955)). 928 So.2d at 107273, quoting Charles W. Gamble, McElroy's Alabama Evidence 265.01(2) (5th ed.1996) (footnotes omitted).3 In deciding whether the declarant remained under the stress of excitement, the trial court may consider the context of the statement itself. McElroy's Alabama Evidence 265.01(2). If you have any special needs whatsoever whether it's medical or anything, let us know. Commonwealth v. Snodgrass, Ky., 831 S.W.2d 176 (1992). (R. 1122.) Whenever the sufficiency of evidence is in question, the evidence must be reviewed in the light most favorable to the State. And in order to have electricity present, I have to have electricity passing through receptacle number one, passing through receptacle two, through three, through four, through five, out to the cord. Scott moved that juror A.K. In that case, the defendants were indicted for disposing of hazardous wastes at an unpermitted site. 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. Hunt v. State, 642 So.2d 999, 104244 (Ala.Crim.App.1993). The survey showed that 80% of the people polled had heard about the case and that 64% thought that Scott should be punished. One of these jurors was struck for cause. However, the inquiry does not end there. Later I remembered the light in my bathroom was off when I woke up.. See also, C. Gamble, McElroy's Alabama Evidence, 69.01(1) (3d ed.1977). 1364, 113 L.Ed.2d 411 (1991); Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. Robert Robinson, a senior vice president for Alfa Insurance, testified that Alfa had two life-insurance policies on Mason Scott. Scott next argues that the circuit court erred in excusing prospective juror A.C. outside her presence. 1583.). See Powers v. Ohio, 499 U.S. 400, 111 S.Ct. And that is one of the reasons she was indicted in this case. WebMichelle A Christie. Scott did not object to this testimony. In Hammond, the State argue[d] that Youngblood has now established a single bright line good faith test which should be applied by this Court in lieu of the three-part analysis, whenever a denial of access is asserted with respect to evidence that could be favorable to the defendant. Hammond, 569 A.2d at 87 (emphasis in original). However, if there was no conviction for the other crime or misconduct then it has been stated that the court should proceed slowly and require more than mere rumors and suspicions. 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). See Hudson v. State, 992 So.2d 96, 112 (Fla.2008). 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. 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. She argues that according to Carroll, the court could use information not available to the jury only to undermine a mitigating circumstance.