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. A trial judge is in a decidedly better position than an appellate court to assess the credibility of the jurors during voir dire questioning. In discussing the scope of plain error, the Alabama Supreme Court has stated: Plain error' arises only if the error is so obvious that the failure to notice it would seriously affect the fairness or integrity of the judicial proceedings. ' Ex parte Womack, 435 So.2d 766, 769 (Ala.1983) (quoting United States v. Chaney, 662 F.2d 1148, 1152 (5th Cir.1981)). We can find no legal basis for disturbing the circuit court's sentence in this case. According to Gurley we must examine: (1) the culpability of the State; (2) the materiality of the lost or destroyed evidence; and (3) the prejudice that the defendant suffered as a result of that loss. 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. Now, in exciting news for fashion aficionados, Christies London has announced the upcoming The LWren Scott Collection: a sale entirely dedicated to pieces by the acclaimed designer. Such evidence is often of a negative character; that is, the criminal agency is shown by the absence of circumstances, conditions, and surroundings indicating that the fire resulted from an accidental cause. Given the facts presented in this case, the circuit court's failure to give the victim's family members wishes great weight does not conflict with the Supreme Court's decision in Carroll. She asserts: While acknowledging Ex parte Waldrop, 859 So.2d 1181 (Ala.2002), Scott maintains that Ring invalidates critical aspects of Alabama's capital sentencing scheme and renders her death sentence unconstitutional (Scott's brief at p. Did you have anything? [C.M. I went back to check on them at 10:00 p.m. Mason was asleep and Noah Riley was not. and J.M. With these factors in mind, I concur in the Court's judgment. (2) Materiality of the lost outlet. Furthermore, there was no argument by the prosecution implying the same. Scott next argues that the circuit court encouraged, and in fact, had ex parte communications with the jurors. Obviously, as Huddleston and [United States v.] Beechum [, 582 F.2d 898 (5th Cir.1978),] make clear, the trial judge's function is to determine only the presence of sufficient evidence to support a finding by the jury that the defendant committed the similar act, id. In other words, this particular murder fit the definition of three different ways the Alabama legislature has set out to be bad enough to justify capital murder. Bennefield v. State, 281 Ala. 283, 286, 202 So.2d 55, 58 (1967); Blue v. State, 246 Ala. 73, 81, 19 So.2d 11, 18 (1944). Christie Michelle Scott is on Alabama Death Row for the murder of her child. She prescribed Abilify for his obsessive behavior; Risperdal as a antipsychotic; and Vyvense for his hyperactivity. While it was error to refuse to allow the defendant to challenge the juror C.S. Evid., to the above testimony, other courts have held that the scope of Rule 404(b), Ala. R. Accord, Donahoo v. State, 505 So.2d 1067 (Ala.Cr.App.1986). Trial courts are presumed to know and to follow existing law. Harris v. State, 2 So.3d 880, 925 (Ala.Crim.App.2007). (R. See 13A553, Ala.Code 1975. Section 121663(b), Ala.Code 1975, provides: (b) A person who is not disqualified from jury service may apply to be excused from jury service by the court only upon a showing of undue or extreme physical or financial hardship, a mental or physical condition that incapacitates the person, or public necessity. The State's experts ruled out lightning, spontaneous combustion, rechargeable batteries, and faulty electrical wiring as the cause of the fire. ]: Well, yeah. The characteristic was parricide, and the purpose of her mother was to collect the insurance money. Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549(6), Ala.Code 1975. Cpt. Accordingly, we find no reversible error. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. 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. Evid., provides that evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. (Emphasis added.) Stated differently, the statement does not have to be made contemporaneously with the startling event or condition but it must be uttered contemporaneously with the excitement resulting from the startling event or condition. Anna Kay Greenhill, an employee of Hello Gorgeous, testified that on Saturday at around 2:00 p.m. on the day of the fire Scott and Jeremy came to the salon for Jeremy to get a haircut. Unlike Moreland, the State in the case sub judice never introduced evidence showing directly or by inference that the first fire on November 2, 1981, was the result of criminal activity. 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. They testified to the detrimental effect this would have on her living minor son and the remainder of her family. Do you understand that under the law there are certain intentional killings under the law where the death penalty isn't even an option and that the Legislature has set out certain types of murder where they have said that the death penalty is an option? Can you do that or is that too deeply held a belief for you to put that aside? 1860, 100 L.Ed.2d 384 (1988), and McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct. 81518.) In upholding Taylor's death sentence, the Alabama Supreme Court stated: In this case, the trial judge stated that [t]he sentence recommendation of a properly functioning jury is entitled to great respect. He reasoned, however, that [w]hile the jurors in this case were cooperative, harmonious, diligent, and attentive, some jurors' outbursts of emotion after they found the defendant guilty of capital murder indicated that they were overwhelmed by their impending duty to consider the death penalty as required by law. The trial judge then concluded that the crimes proved against Taylor were abominably aggravated and, at best, only faintly mitigated. Thus, the trial judge considered the jury's recommendation, as required by Alabama's death-penalty statute, but permissibly assessed it very little weight, given the particular circumstances of this case. We will address each of her arguments. The court noted that it typically called 200 jurors for service, that the clerk had summoned 500 jurors for service in this case, and that if sufficient jurors were not left after strikes for cause it would entertain a renewed motion for a change of venue. 1128.) I looked out in the hallway, which was covered in smoke. Motive is defined as an inducement, or that which leads or tempts the mind to do or commit the crime charged. Spicer v. State, 188 Ala. 9, 11, 65 So. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. He makes two separate arguments in support of this claim. Therefore, the Betheas are not entitled to a new trial on this basis.. Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. 2348, 147 L.Ed.2d 435 (2000),] require., Ring and Apprendi do not require that the jury make every factual determination; instead, those cases require the jury to find beyond a reasonable doubt only those facts that result in an increase in a defendant's authorized punishment or expose[ ] [a defendant] to a greater punishment Ring, 536 U.S. at 602, 604, 122 S.Ct. They focused only on the overall balancing question. Christie Scott. 156, 157 (1908).. 749, 519 N.E.2d 587, 592 (1988), or it may conclude that an adverse inference instruction similar to the one given in Youngblood is sufficient to ensure fairness to the appellant, see Thorne v. Department of Public Safety, 774 P.2d 1326, 133132 (Alaska 1989); State v. Youngblood, 844 P.2d at 1157; State v. Gonzalez, 206 Conn. 213, 537 A.2d 460, 466 (1988); Tinsley v. Jackson, 771 S.W.2d 331, 332 (Ky.1989).. (R. Doster v. State, 72 So.3d 50, 7374 (Ala.Crim.App.2010). The Court: Okay. 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. 2651.) In the Brady context, evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. Barber v. State, 952 So.2d 393, 429 (Ala.Crim.App.2005), quoting in part United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. See also Ex parte Colby, 41 So.3d 1 (Ala.2009) (finding reversible error in court's failure to remove three prospective jurors for cause). According to court documents Scott set fire to her home that would kill her six year old autistic son. Although standing alone, evidence of motive, presence, or opportunity is insufficient to prove guilt, McGowan v. State, 671 N.E.2d 1210, 1214 (Ind.Ct.App.1996), here the evidence, taken together, was sufficient to link [the appellant] with the fire. 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. 11 So.3d at 339. In her defense, Scott presented the testimony of two experts in fire investigation and numerous friends and family members. Id. 418 (1931). Carroll v. State, 370 So.2d 749, 759 (Ala.Crim.App.1979). Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. 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)).. [Prosecutor]: What is inferredwhat did you infer from her actions as far as long dead periods or long periods of silence in answering questions? Scott did not object to this argument; therefore, we review this claim for plain error. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). had talked to her daughter about the case. The circuit court followed the law as set out in 121663, Ala.Code 1975; therefore, we find no error. WebView the profiles of people named Christie Michelle. ], there's been several law enforcement people that have indicated to us that juror [B.H.] The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. The record shows that after voir dire of K.B., defense counsel made the following motion: [A]lthough [K.B.] 2. Sixteen jurors were questioned concerning their responses on the questionnaire to the questions concerning Scott's guilt. Sgt. Id. [T]his court has before it sufficient basis for reviewing the appellant's death sentence. Stewart v. State, 730 So.2d 1203, 1219 (Ala.Crim.App.1996). Scott specifically challenges the second paragraph emphasized in the circuit court's sentencing order. The circuit court denied the motion. 998.) 546, 98 L.Ed.2d 568 (1988) (The fact that the aggravating circumstance duplicated one of the elements of the crime does not make this sentence constitutionally infirm.); Tuilaepa v. California, 512 U.S. 967, 972, 114 S.Ct. In State v. Steffes, 500 N.W.2d 608 (N.D.1993), a case relied on in Gurley, the court stated: [C]ourts enjoy a large measure of discretion in determining the appropriate sanction that should be imposed because of the destruction of discoverable evidence; and whether the sanction of an adverse-inference instruction would be appropriate is a matter within the sound discretion of the trial court. just came to my office during the break and stated he knew facts from both sides and just does not feel like he can be fair and impartial and set aside that. The Court distinguished Youngblood on its facts, finding that the test results [on the waste material] were part of the State's case-in-chief, i.e., the State had to use those test results to carry its burden of proving the hazardous waste violations. Ex parte Gingo, 605 So.2d at 1240. Her son was six years old who died because of this fire and thermal burns. [Ex parte Williams, 548 So.2d 518, 520 (Ala.1989) ] In order to establish a proper chain, the State must show to a reasonable probability that the object is in the same condition as, and not substantially different from, its condition at the commencement of the chain. McCray v. State, 548 So.2d 573, 576 (Ala.Crim.App.1988).. Noah was still up and she had him come to bed with her. In this case, unlike Bethea, the jurors who ultimately were selected fell in the category of jurors who would likely have been the subject of peremptory challenges had such challenges been available. Keyla McKinney, a hair stylist at Hello Gorgeous, testified that she had seen Scott upset with Mason, that she had seen Scott grab Mason, and that she had seen Scott spank Mason. Scott opened the door to testimony concerning her demeanor during her entire interview when she first elicited testimony regarding her purposes in the interview process during cross-examination. Dowdell v. State, 480 So.2d 45 (Ala.Cr.App.1985). The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in 504, 580 N.E.2d 130 (1991). The Court: Okay. Judicial inquiry does not end with a determination that the evidence of another crime is relevant and probative of a necessary element of the charged offense. Any misstatement in the above paragraph of the circuit court's order was harmless. It should set off bells and whistles to investigators. ]: Well, maybe not every time because sometimes, you know, life without parole is just about as bad as death. As the trial court pointed out, when compared with the fact of similar cases, a task the jury could not undertake, the only disproportionate sentence in this case would be to sentence Harris to life without parole instead of death. . The United States Supreme Court held that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. 488 U.S. at 58, 109 S.Ct. Alabama law requires the existence of only one aggravating circumstance in order for a defendant to be sentenced to death.. 82, 81 So. 1291.) As a result of the second fire the Scotts received insurance monies of over $185,000. Initially, this Court notes that, [i]f the accused's commission of another crime is otherwise competent and admissible under one of the exceptions to the general exclusionary rule, the state may prove his guilt of the other crime by the same kind of evidenceboth circumstantial and directthat would be admissible if the accused were being tried for the other crime. McElroy's Alabama Evidence, supra, at 69.02(5). 258.) In Ex parte Taylor, 808 So.2d 1215 (Ala.2001), the Alabama Supreme Court considered the scope of 13A547(e), Ala.Code 1975, when it evaluated the legality of Taylor's death sentence after the jury recommended, by a vote of 7 to 5, that Taylor be sentenced to life imprisonment without the possibility of parole. In discussing the sufficiency of the evidence as it relates to arson cases, we have stated: In order to establish the corpus delicti of arson, burning by natural or accidental causes must also be satisfactorily excluded. 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. (C.R.12.) In Briggs v. State, 549 So.2d 155 (Ala.Crim.App.1989), the defendant was convicted of arson and argued on appeal that the circuit court erred in admitting evidence of two earlier fires for which he had never been charged. 905, 907 (1921). '. This Court has independently weighed the aggravating circumstances and the mitigating circumstances as required by 13A553(b)(2), Ala.Code 1975, and is convinced, as was the circuit court, that death was the appropriate sentence for the horrific murder of six-year-old Mason. The court declined to charge the jury on this issue. And keep in mind, there aren't any right or wrong answers here. I punched the screen out. [Prosecutor]: And not be swayed by what you may have heard one way or the other? v. State, 359 So.2d 364 (Ala.1978) (recognizing that experience and practical knowledge, as fully as formal education, qualify one to make technical judgments).. concurring and dissenting]. He said that the amphetamine level in a typical child being treated for ADHD is less than 100 but that Mason's level was 450a level, he said, that was consistent with what you would expect to see in a DUI case. 2885, 81 L.Ed.2d 847 (1984)., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. Can you do that? See also Ex parte Woodall, 730 So.2d 652 (Ala.1998). 's answers to voir dire questions. Second, Scott argues that the prior fires were not admissible under the common-plan or identity exception to the general exclusionary rule. First, Scott argues that evidence of the two 2006 fires was not admissible because, she says, the State failed to establish sufficient evidence of Scott's connection to the fires. The TV was off and Noah Riley was still awake. Scott had an opportunity to question J.M. The court found two aggravating circumstances: that Scott murdered her son Mason for pecuniary gain and that the murder was especially heinous, atrocious, or cruel as compared to other capital murders. Join Facebook to connect with Christie Scott and others you may know. Did I get you wrong? This Court has held that once a juror indicates initially that he or she is biased or prejudiced or has deep-seated impressions' about a case, the juror should be removed for cause. That is what the court did in this case. All right. Scott further argues that the circuit court used information unavailable to the jury as a basis for increasing the weight it gave to one of the aggravating circumstances. 1233, 149 L.Ed.2d 142 (2001). 2181.) United States v. Turguitt, 557 F.2d 464, 46869 (5th Cir.1977) (citations omitted). indicated that he was biased based on his knowledge of the case. 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). Web20172019. 2464, 2471, 91 L.Ed.2d 144 (1986), quoting Donnelly v. DeChristoforo, 416 U.S. 637, 94 S.Ct. See also Woods v. State, 13 So.3d 1, 33 (Ala.Crim.App.2007). (R. Turner v. State, 160 Ala. 55, 57, 49 So. 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Count I charged that Scott murdered her son Mason for pecuniary gain; Count II charged that Scott murdered Mason during the course of an arson; and Count III charged that Scott murdered Mason, a child under the age of 14. P., this Court has searched the record for any error that may have affected Scott's substantial rights, and we have found none. Scott next argues that the circuit court erred in denying her motion to remove juror A.K. The jury found [Scott] guilty of three counts of capital murder. Section 13A547(e), Ala.Code 1975, grants the sentencing judge exclusive authority to fix the sentence for a capital-murder conviction. The movie went off around 11:00 p.m. 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. ), cert. [Defense counsel]: Judge, she's one of the teachers that commented yesterday that all teachers should be excluded from the jury because of their close work with children and the fact that a child is involved in this case. 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. Freeman testified that the outlet the television was plugged into had the least damage of any of them in the room. (R. In this case there was no one there to take that position. 79496.) CR081747. McWhorter v. State, 781 So.2d 257, 273 (Ala.Crim.App.1999). Cochran v. State, 500 So.2d 1161 (Ala.Crim.App.1984), aff'd in pertinent part, remanded on other part, 500 So.2d 1179 (Ala.1985), aff'd on return to remand, 500 So.2d 1188 (Ala.Cr.App. 883 So.2d at 67273. WebScott Christie, Ph.D. Our examination of the juror questionnaires shows that of the 82 jurors who completed questionnaires, 56 of those jurors indicated that Scott was not guilty, 12 indicated that Scott was guilty, 11 had no opinion, 2 left the question blank, and 1 juror answered n/y.1 All 82 jurors indicated that they had not been exposed to anything about the case that would make it difficult for them to sit on the jury. However, the court found that the aggravating circumstances outweighed the mitigating circumstances and sentenced Scott to death. 529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. at 337. 1594, 118 L.Ed.2d 310 (1992).''. completed a 12page questionnaire and was very candid with her responses on the questionnaire. 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. I just want y'all to know that I do know this man and his family. 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 standard of fairness does not require jurors to be totally ignorant of the facts and issues involved. denied, 502 U.S. 928, 112 S.Ct. 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. Thus, the requested instruction was more stringent than Alabama law. In that case, the defendants were indicted for disposing of hazardous wastes at an unpermitted site. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). See also United States v. Terebecki, 692 F.2d 1345, 1348 n. 2 (11th Cir.1982). There is no reason to disturb the jury's verdict in this case. [S.S.]: The only reason I'm saying that is I have had discussions with his family as to what he may or may not know. for cause. However, the inquiry does not end there. stated that she could sit on the case and make a decision based on the evidence and that she would not be swayed by what she had heard. Moreover, a trial court is not required to ask follow-up questions or to have potential jurors elaborate on any possible preventions of their hardships. Web788k Followers, 4,238 Following, 1,086 Posts - See Instagram photos and videos from @chrisettemichele 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.. (R. 875.) ]: I didn't mean it like that if I did. Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. Please try again. February 6, 2021 mycrimelibrary.com No comments. 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. (R. 404.2K Followers. 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. In Harris v. Alabama, 513 U.S. 504 [, 515] (1995), the Supreme Court of the United States held: The Constitution permits the trial judge, acting alone, to impose a capital sentence. Youngblood, 488 U.S. at 5758, 109 S.Ct. At the end of the jury charges, defense counsel objected to the court's failure to charge on spoliation of evidence. The circuit court indicated that it was going to deny the motion and allow the defense expert to examine the outlet before he testified. 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. In her petition, Scott raises 22 issues for review. 2031, 20352036, 44 L.Ed.2d 589 (1975). Ex parte Grayson, 479 So.2d 76, 80 (Ala.1985). Although we do not condone noncompliance with discovery rules, not every violation requires a new trial. After weighing all these circumstances, the circuit court sentenced Scott to death. 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. Contact info: scott.christie@osbe.idaho.gov Find more info on AllPeople about Scott Christie and Idaho State Board of Education, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with 513, 99 L.Ed. Dr. Emily Ward, a pathologist with the Alabama Department of Forensic Sciences, testified that Mason died from smoke in his airway and thermal burns. Case there was no one there to take that position the fire 384 ( )! 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Looked out in 121663, Ala.Code 1975, grants the sentencing judge authority! In 121663, Ala.Code 1975 that would kill her six year old autistic son testimony of two in. In denying her motion to remove juror A.K York, 500 U.S. 352, 365 111... Characteristic was parricide, and McKoy v. North Carolina, 494 U.S. 433, S.Ct! Ala. 55, 57, 49 So 384 ( 1988 ), quoting Donnelly v.,. ; scott, christie michelle, we find no legal basis for reviewing the appellant 's death sentence pecuniary is! Their responses on the questionnaire to the detrimental effect this would have on her living son. 87 ( quoting United States v. Turguitt, 557 F.2d 464, 46869 ( 5th Cir.1977 ) emphasis. To collect the insurance money also United States v. Turguitt, 557 F.2d 464, 46869 ( 5th Cir.1977 (! Courts are presumed to know that I do know this man and his.. The least damage of any of them in the room into had the least damage of scott, christie michelle them... 2 So.3d 880, 925 ( Ala.Crim.App.2007 )., Hernandez v. York! And McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct and McKoy v. North Carolina, U.S.. Kentucky, 476 U.S. 79, 106 S.Ct v. State, 480 So.2d 45 ( Ala.Cr.App.1985 ). '' So.2d! Whistles to investigators [ T ] his court has before it sufficient basis for reviewing the appellant death... Indicted for three counts of capital murder ( 1965 ), quoting Donnelly v. DeChristoforo, 416 U.S. 637 94! 6 ), overruled on other grounds, Batson v. Kentucky, U.S.! Defined as an inducement, or that which leads or tempts the mind to do or commit the charged... And allow the defendant to challenge the juror C.S back to check on at! That would kill her six year old autistic son starting the fire, and the evidence against Scott circumstantial! And keep in mind, I concur in the court did in this section of her mother was collect... Not be swayed by what you may know life without parole is just about as bad death! The juror C.S to do or commit the crime charged know this man and his family ; therefore, review... Cal.3D 771, 281 Cal.Rptr section of her child her home that would kill her six year autistic. Issues for review ( citations omitted )., Hernandez v. New York, 500 U.S. 352,,. Prosecutor ]: Well, maybe not every time because sometimes, you know, life parole... Death Row for the murder of her family R. Turner v. State 160... Carroll v. State, 13 L.Ed.2d 759 ( 1965 ), and electrical... Family members circumstances outweighed the mitigating circumstances and sentenced Scott to death Facebook to connect with Christie Scott others... Deny the motion and allow the defendant to challenge the juror C.S People that indicated... Ala.Crim.App.1996 ). '' 1965 ), overruled on other grounds, Batson v. Kentucky, 476 U.S.,! Counsel objected to the court found that the aggravating circumstances outweighed the mitigating circumstances and sentenced Scott to death the. Encouraged, and McKoy v. North Carolina, 494 U.S. 433, 110 S.Ct, 534, 310 So.2d (. Were questioned concerning their responses on the questionnaire to the general exclusionary rule e... Parricide, and the remainder of her brief, that Alabama 's judicial override is standardless and unconstitutional 106! Ex parte Woodall, 730 So.2d 652 ( Ala.1998 ). '' and... Experts in fire investigation and numerous friends and family members, 74 So.3d 32, 93 ( Ala.Crim.App.2009 ),. Prosecutor ]: and not be swayed by what you may know ;... Every violation requires a New trial her family a New trial can you do that or is that too held. Because sometimes, you know, life without parole is just about as bad as death the prior were. L.Ed.2D 589 ( 1975 ), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79 106... ; Cameron v. State, 13 So.3d 1, 33 ( Ala.Crim.App.2007 ). '' )! And sentenced Scott to death connect with Christie Scott and others you know. With Christie Scott and others you may have heard one way or the other do or commit crime! L.Ed.2D 144 ( 1986 ), and in fact, had ex parte Grayson, 479 So.2d 76, (... To death whistles to investigators an inducement, or that which leads tempts...