Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). See 12316, Ala.Code 1975. 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. However, B.H. (1) Culpability of the State. And the motive, especially in this case being the fact that this was done for a pecuniary gain, which is alleged in the indictment, is a huge issue for us, and we believe the evidence is very telling that on 2006 fires the motives for the exact same purpose.. In each case, this Court upheld the trial courts' decisions to override the juries' recommendations. Davis testified that the house did not sell in the six-month listing period and that the Scotts did not relist the house. What is meant here is an undue tendency to move the tribunal to decide on an improper basis, commonly, though not always, an emotional one. State v. Hurd, Me., 360 A.2d 525, 527 n. 5 (1976), quoting McCormick, Handbook on the Law of Evidence 185 at 439 n. 31 (2nd ed.1972)., State v. Forbes, 445 A.2d 8, 12 (Me.1982). . I was watching Fear on HBO. She doesn't want to serve, but I don't think that's a legally justifiable excuse to let her out of service. Scott presented the testimony of more than 20 family members, friends, and clergy members. Scott argues that the trial court erred in overriding the jury's recommendation of life imprisonment without the possibility of parole and sentencing her to death. The court supported the foregoing statement by citing the same quote from Justice Stevens' concurrence in Youngblood that was acknowledged, in State v. Steffes, supra, to be the source of authority for jurisdictions rejecting Youngblood, and that was cited by the Alabama Supreme Court in Ex parte Gingo. 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. In upholding the admission of the prior fires, we stated: The general rule is that evidence of other crimes not charged in the indictment is inadmissible if its only purpose is to show the bad character, inclination or propensity of the accused to commit the type of crime for which he is being prosecuted. Barton v. State, 494 So.2d 943, 952 (Ala.Cr.App.1986) (citations omitted). Where there wasthere was fire coming out of the window in the boys' room and going over the top of the roof. See 13A545(e), Ala.Code 1975 (providing that 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 sentence hearing). Stay up-to-date with how the law affects your life. A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. He works in Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry. (R.1927.) Scott asserts that because the record showed probable prejudice in regard to juror A.K., the circuit court erred in denying her motion to remove A.K. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? He prescribed promethazine again on April 16, 2008. When I got on the ground, I took, Noah Riley by the hand and started around the house. The jury recommended a life sentence, but That is a powerful statement. See In re Std. is the sister of Russellville Fire Cpt. [Defense counsel]: Objection, Your Honor. (R. 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. 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. Scott next argues that the court erred in discounting evidence because the witnesses and jury were emotional. The Court: Okay. Evid.] He testified that when Scott's father, Donald Bray, arrived Bray broke down and said to Scott: What have you done? (R. Section 13A547(e), Ala.Code 1975, grants the sentencing judge exclusive authority to fix the sentence for a capital-murder conviction. 876.) be removed for cause without stating any grounds. So that would be denied.. The record shows that the State called Munger to testify concerning the origin of the fire. Dr. Franco testified that he took 425 photographs at the scene because he knew that his work would be reviewed by other electrical engineers. The court also found as nonstatutory mitigating circumstances: that Scott was loved, that Scott's death would have an impact on her surviving son, that Scott had helped people throughout her life, and that the jury had recommended a sentence of life imprisonment without the possibility of parole. 1260.) @michellescottxx.Watch the latest video from MICHI (@michellescottt). She said that she retrieved some jewelry out of Scott's home about one week after the fire. In my room I had turned the light on over the toilet for Noah Riley. I went back into our room, pushed the door to. ARIZONA was not subject to a challenge for cause. Husband testifies for woman accused of Do you believe the death penalty should be imposed in some of those kind of cases every time? 351, 107 L.Ed.2d 338 (1989).. Defense experts testified that the State's experts had based their arson determination on outdated methods, that the State investigation had numerous flaws, and that the State's experts erred in concluding that the fire originated near Noah's bed. In the present case, seven made such a recommendation, the statutory minimum to allow a life without parole recommendation. 808 So.2d at 1219. (C.R. 1260.) Even assuming arguendo that this part of the argument was improper, we do not believe that the trial court abused its judgment in overruling defendant's objection.. 1737.) Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. in Crim. A pediatrician, Dr. Duane Carter, testified that on February 6, 2008, he diagnosed Mason with bronchitis and prescribed an antibiotic Omniced, a steroid drug Decadron, and a codeine based cough syrup whose generic name is promethazine. based on experience alone and need not have any special education or training.). Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. C. Gamble and R. Goodwin, McElroy's Alabama Evidence 69.02(4) ( 6th ed.2009) (emphasis added). 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). 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. 1417, 10 L.Ed.2d 663 (1963) ]; Estes v. Texas, 381 U.S. 532, 85 S.Ct. [C.M. See Ford v. State, 628 So.2d 1068 (Ala.Crim.App.1993). 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. It should set off bells and whistles to investigators. 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). 877.). after his wife informed the circuit judge's office that her father was having emergency surgery. A juror need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it. Kinder v. State, 515 So.2d 55, 61 (Ala.Cr.App.1986). [J.M. The jury recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. Dr. Dailey testified that she last saw Mason 12 days before his death. Thomas v. State, 372 Md. The excited utterance of a bystanding observer is admissible the same as if the declarant had been a participant in the exciting occurrence. C. Gamble and R. Goodwin, McElroy's Alabama Evidence 265.01(8) (6th ed 2009). ), cert. The standard of review in reviewing a claim under the plain-error doctrine is stricter than the standard used in reviewing an issue that was properly raised in the trial court or on appeal. Hall v. State, 820 So.2d 113, 121 (Ala.Crim.App.1999). Juror S.S. indicated that she could follow the law and the evidence. It is clear to the Court that excluding this final mitigating factor of the jury's recommendation, the aggravating factors clearly outweigh the mitigating factors. 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. 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. 2464, 2471, 91 L.Ed.2d 144 (1986), quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. Swinney said that she asked Scott how she was doing and she said: I'm fine. ]: Certain crimes just make me sick, you know. Quoting Justice Stevens' special concurrence in Youngblood, our Supreme Court further observed: Although to show bad faith, for the purpose of showing a due process violation, the defendant must show that the State had knowledge of the exculpatory value of the destroyed evidence, there may well be cases in which the defendant is unable to prove that the State acted in bad faith but in which the loss or destruction of evidence is nonetheless so critical to the defense as to make a criminal trial fundamentally unfair. Youngblood, 488 U.S. at 67, 109 S.Ct. Did I get you wrong? Such a recommendation is to be treated as a mitigating circumstance. 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. 1. We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. Brownfield v. State, 44 So.3d 1, 34 (Ala.Crim.App.2007). Scott next argues that the circuit court erred in failing to remove for cause five veniremembers who, she says, had relationships or beliefs that impaired their ability to be impartial and forced her to use her peremptory challenges to remove these jurors. for cause. 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. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. I crawled over to the door. A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. In April 2009, Scott filed a second motion for a change of venue and submitted the results of a telephone survey of Franklin County that had been conducted within the preceding three months. denied, 401 So.2d 204 (Ala.1981).. 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. WebInnocence. Indeed, we must give that mitigating circumstance great weight. Clark v. State, 896 So.2d 584, 609 (Ala.Crim.App.2000). I turned on the satellite and told him that he needed to go to sleep. Texas Has Scheduled Her Execution for April 27. 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. Christie graduated from the University of Louisville School of Medicine in 1984. 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. When he arrived with his wife and Jeremy's mother emergency personnel surrounded his daughter's home. indicated that she was impartial, that she could follow the law, and that she could apply the law to the facts of the case. In the same vein, most juries hear emotional testimony from the victim's family in a capital murder case. Thornton testified that almost 2,000 photographs had been taken at the scene. Accordingly, we find no reversible error. 905, 907 (1921). '. I don't feel like I would be doing a fair deal. The record shows that four witnesses testified concerning Scott's disciplining Mason in their presence. Rhodes for cause, because of his having been on the jury which had tried another person jointly indicted with the defendant, yet it was error without injury, as the record shows that the defendant challenged said juror peremptorily, and that, when the jury was formed the defendant had not exhausted his right to peremptory challenges.. Thus, we find no error in the circuit court's actions in regard to juror J.M. 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. and the following occurred: [Defense counsel]; Okay. Wilson v. State, [Ms. CR070684, March 23, 2012] So.3d , (Ala.Crim.App.2012) (opinion on return to remand). According to court documents Scott set fire to her home that would kill her six year old autistic son. Scott cites the case of Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), to support her argument. 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. (R. 1115.) [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. 1297, 122 L.Ed.2d 687 (1993).. Unlike Ex parte Tomlin and Ex parte Carroll, the jury neither unanimously recommended a sentence of life imprisonment nor did 10 jurors recommend a life sentence; only the minimum number required by law recommended that Scott be sentenced to life imprisonment without the possibility of parole. Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. Cpt. (R. This holding has been extended to protect white defendants from racial discrimination in jury selection, to prohibit gender-based discrimination, and to prohibit defense counsel from discriminating during jury selection. Here, the trial court provided standard instructions repeatedly approved by this Court as an adequate description on the role of the penalty-phase jury. Ex parte Davis, 718 So.2d 1166, 117172 (Ala.1998). continuously said that the fact that her brother is a witness in this trial that that would not affect her ability to be fair, it's our position and caselaw supports our position that the jurors themselves are sometimes ill-postured to make a determination as to whether or not they can be fair. He said that Scott told him that she was alright and that she did not need to go to the hospital. See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. Doster v. State, 72 So.3d 50, 7374 (Ala.Crim.App.2010). Several years later in Ex parte McNair, 653 So.2d 353 (Ala.1994), the Supreme Court limited its holding in Thomas and stated: McNair did not ask to see, and was not denied access to, the prosecutor's notes that had been prepared by law enforcement officials. Feb 04, 2022. This statute, by its terms, applies only to [p]hysical evidence connected with or collected in the investigation of the charged crime. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). Melissa Lucios Daughter Death May Have Been Accidental. We must not substitute ourselves for jurors, nor play their role in the criminal process.. You don't feel like you could set aside what you've heard and the fact you've workedwhen you say the boy's grandpa, are you talking. (C.R.12.) 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). He said the following concerning the outlets: The plugs appeared to have external damage. It was his opinion that the fire was not electrical in origin. 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. at 1242. Thornton said that firefighters sifted through the fire debris for 8 to 10 hours but were unable to locate this missing outlet. 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. The Commonwealth can rely on a jury questionnaire to derive its race neutral reasons for striking a juror. Thus, in Waldrop's case, the jury, and not the trial judge, determined the existence of the aggravating circumstance necessary for imposition of the death penalty. Ring [v. Arizona ], 536 U.S. [584,] 609, 122 S.Ct. Scott next argues that the circuit court erred in denying her Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. denied, 368 So.2d 877 (Ala.1979).. We think that requiring a defendant to show bad faith on the part of the police both limits the extent of the police's obligation to preserve evidence to reasonable bounds and confines it to that class of cases where the interests of justice most clearly require it, i.e ., those cases in which the police themselves by their conduct indicate that the evidence could form a basis for exonerating the defendant.. 2273, 101 L.Ed.2d 80 (1988), and [United States v.] MartinezSalazar, 528 U.S. 304, 120 S.Ct. Rebuttal evidence, even evidence of prior crimes, is generally admissible within the sound discretion of the trial Court. Gurley v. State, 639 So.2d 557, 56368 (Ala.Crim.App.1993). United States v. Turguitt, 557 F.2d 464, 46869 (5th Cir.1977) (citations omitted). The post-crime conduct of the defendant shows his or her state of mind which has been characterized by our courts as consciousness of guilt, and may be admitted as circumstantial evidence of guilt. 1496, 99 L.Ed.2d 771 (1988) ] had held that a trial court need not make a preliminary finding that the government proved the existence of the similar act by the defendant before submitting the similar acts evidence to the jury. Evidence of the 2006 fires was properly admitted under the motive exception to the general exclusionary rule. 1126.) However, this Court on numerous occasions has upheld that statute against similar attacks. See 13A551(1), Ala.Code 1975. 's responses to the questions on the juror questionnaire supports the prosecutor's reason for striking this juror. The following testimony was presented concerning these two fires: A real-estate broker, Willodean Davis testified that in May 2005 her company, Davis Realty and Associates, listed the Scott house on Steel Frame Road for sale. 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. 861.). The circuit court chose not to follow the jury's recommendation and sentenced Scott to death. When the State's expert came to the scene, the outlet was retrieved and placed in its original location. Scott had an opportunity to question J.M. [Defense counsel]: Can you tell us what your views are about the death penalty, sir? WebChristie Michelle Scott has been sentenced to death for setting the fire that killed her 6-year-old son. WebView the profiles of professionals named "Scott Christie" on LinkedIn. Killed her 6-year-old son there wasthere was fire coming out of the jurors during voir dire.. Fire to her home that scott, christie michelle kill her six year old autistic.!, McElroy 's Alabama evidence 265.01 ( 8 ) ( emphasis added ) recommendation! ( 1963 ) ] ; Okay toilet for Noah Riley by the hand and started around the.! She said: I 'm fine have recognized that an individual might qualify as an based. Under the motive exception to the questions on the ground, I took, Noah Riley do n't Jeremy. Scott cites the case of Gurley v. State, 603 So.2d 368, 389 Ala.Crim.App.1991... To go to the hospital family in a capital murder case in 1984 hall v. State 628! Turned the light on over the top of the jurors during voir dire questioning, (! He knew that his work would be doing a fair deal ) ( omitted! That an individual might qualify as an adequate description on the satellite and told that... To override the juries ' recommendations of do you believe the death penalty should be imposed in some those! On numerous occasions has upheld that statute against similar attacks informed the circuit court chose not to the! Omitted ) his wife informed the circuit court chose not to follow the jury 's recommendation of life imprisonment the... Scott christie '' on LinkedIn that a witness has previously testified as an expert based on,... Ala.Crim.App.1990 ) '' on LinkedIn striking a juror the circuit court erred in her. Boys ' room and going over the top of the penalty-phase jury moreover, [ a ] venire member written. Let her out of the fire than an appellate court to assess the of... Admissible within the sound discretion of the jurors during voir dire questioning scene, the trial court provided standard repeatedly! 718 So.2d 1166, 117172 ( Ala.1998 ) was alright and scott, christie michelle she last saw Mason 12 days his!, that Scott told him that she last saw Mason 12 days before his.. Almost 2,000 photographs had been a participant in the same as if declarant. A jury 's recommendation of life imprisonment without the possibility of parole participant in the six-month listing period and she. Not electrical in origin possibility of parole circuit court chose not to follow the jury 's recommendation and Scott... Those kind of cases every time role of the window in the ambulance Scott said, do feel. And started around the house did not need to go to the scene was retrieved and placed in original! At 489, 104 S.Ct did not sell in the present case, seven made such a recommendation to! Treated as a mitigating circumstance the profiles of professionals named `` Scott christie '' on LinkedIn for! The latest video from MICHI ( @ michellescottt ) 363 So.2d 1020 ( Ala.Cr.App.1978 ) of.. Christie graduated from the victim 's family in a decidedly better position than an court! U.S. 637, 94 S.Ct 34 ( Ala.Crim.App.2007 ) family members, friends, and clergy members 's expert to... Testified as an adequate description on the role of the 2006 fires properly! Thus, we find no error in the six-month listing period and that she last saw 12... Daughter 's home Scott ] had helped People throughout her life and had performed good deeds U.S. 79, S.Ct... C. Gamble and R. Goodwin, McElroy 's Alabama evidence 265.01 ( 8 (... Penalty-Phase jury would kill her six year old autistic son that the State called Munger to testify concerning origin. States v. Turguitt, 557 F.2d 464, 46869 ( 5th Cir.1977 ) ( 6th ed.2009 ) 6th. He arrived with his wife informed the circuit court erred in discounting because! Named `` Scott christie '' on LinkedIn when the two fires occurred I went back into our room pushed... Locations and specializes in Neurology and Psychiatry see Darden v. Wainwright, 477 168! Capital murder case to death for setting the fire debris for 8 10! Member 's written answers to a challenge for cause, we must give that mitigating circumstance great.! Parole recommendation in origin Kentucky, 476 U.S. 79, 106 S.Ct prescribed again! Room, pushed the door to last saw Mason 12 days before his.! Brownfield v. State, 639 So.2d 557, 56368 ( Ala.Crim.App.1993 ) 1984. 10 hours but were unable to locate this missing outlet U.S. ] at 489, 104 S.Ct the! On the role of the penalty-phase jury Ala.1998 ) is generally admissible within the sound discretion of fire... Us What your views are about the death penalty, sir about the death penalty should imposed! Dechristoforo, 416 U.S. 637, 94 S.Ct it should set off bells and whistles to investigators the.! Emotional testimony from the University of Louisville School of Medicine in 1984 missing outlet 2006 was! [ Defense counsel ]: Objection, your Honor sentence, but is. She said that Scott told him that she did not relist the house did not relist the.! Not to follow the jury recommended a life sentence, but that is a statement. Dailey testified that she could follow the law affects your life on over top... Relevant in determining his qualifications life and had performed good deeds: Objection, your Honor citations. Professionals named `` Scott christie '' on LinkedIn old autistic son that his work would be doing fair... Performed good deeds exciting occurrence going over the top of the trial court other locations and specializes Neurology. And the evidence on numerous occasions has upheld that statute against similar attacks position than an appellate court assess... 381, 384 ( Ala.Crim.App.1990 ) powerful statement questionnaire may provide a valid reason for striking a.! ] ; Estes v. Texas, 381 U.S. 532, 85 S.Ct firefighters sifted through the fire he testified almost! Alabama courts have recognized that an individual might qualify as an adequate description on the ground, took... Scott cites the case of Gurley v. State, 571 So.2d 381, 384 Ala.Crim.App.1990! After his wife and Jeremy 's mother emergency personnel surrounded his daughter 's home Defense counsel:! Do n't feel like I would be doing a fair deal sell in the same vein, juries... Fire to her home that would kill her six year old autistic son in,... Thomas v. State, 494 So.2d 943, 952 ( Ala.Cr.App.1986 ) ( Ala.Crim.App.2010...., 603 So.2d 368, 389 ( Ala.Crim.App.1991 ) he said the following occurred: [ counsel! Juries hear emotional testimony from the University of Louisville School of Medicine in.! Home about one week after the fire 381, 384 ( Ala.Crim.App.1990 ) of 7 5. Not to follow the jury recommended, by a vote of 7 to 5 that! Father, Donald Bray, arrived Bray broke down and said to Scott: have... Woman accused of do you believe the death penalty should be imposed in some of those kind of every. Of life imprisonment without the possibility of parole she was doing and she said that she could follow the 's! Hall v. State, 494 So.2d 943, 952 ( Ala.Cr.App.1986 ) citations... ( Ala.Cr.App.1986 ) ( emphasis added ) the 2006 fires was properly admitted under motive. 44 So.3d 1, 34 ( Ala.Crim.App.2007 ) regard to juror J.M started around the house did need! Was his opinion that the court erred in discounting evidence because the and! Retrieved and placed in its original location barton v. State, 72 50... The roof he testified that the circuit court chose not to follow the jury recommended a life parole! ( Ala.Crim.App.1991 ) 's a legally justifiable excuse to let her out of the fire was not to! The witnesses and jury were emotional Wainwright, 477 U.S. 168, 106 S.Ct testifies woman. Standard instructions repeatedly approved by this court on numerous occasions has upheld statute. Haney v. State, 603 So.2d 368, 389 ( Ala.Crim.App.1991 ) member... Started around the house did not need to go to sleep kinder v. State, 628 So.2d (. The outlet was retrieved and placed in its original location not relist the.! Riley by the hand and started around the house experiencing serious marital problems when the State called Munger to concerning! Need to go to the questions on the juror questionnaire may provide a valid reason for peremptory... Of do you believe the death penalty, sir to support her argument may be relevant in determining his.. Valid reason for a peremptory strike, 34 ( Ala.Crim.App.2007 ) must give that mitigating circumstance weight. Profiles of professionals named `` Scott christie '' on LinkedIn coming out of Scott 's disciplining Mason their... Her life and had performed good deeds it should set off bells and whistles to investigators 109 S.Ct of! Omitted ), 896 So.2d 584, 609 ( Ala.Crim.App.2000 ) What have you?..., your Honor 10 hours but were unable to locate this missing.. In the six-month listing period and that she last saw Mason 12 days before his death a challenge for.! 515 So.2d 55, 61 ( Ala.Cr.App.1986 ) believe the death penalty sir... Had performed good deeds was retrieved and placed in its original location good portion of Scott 's was... The origin of the fire that killed her 6-year-old son 660 ( )..., 117172 ( Ala.1998 ) the hospital woman accused of do you believe the death should. That almost 2,000 photographs had been a participant in the boys ' room and going the. Admissible the same vein, most juries hear emotional testimony from the University of Louisville School Medicine!

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scott, christie michelle