Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). WebMichael Christie Public Records for Michael Christie Found We found 360 entries for Michael Christie in the United States. Contra People v. Cooper, 53 Cal.3d 771, 281 Cal.Rptr. The Jack and Jill bathroom light was on and the night-light played andplugged into the wall. It's literally impossible for me to have a fire over here in receptacle one that started over here. Thus, the circuit court did not abuse its discretion in denying Scott's motion to strike C.M. Fire investigators believed that the fatal fire was actually set in her children bedroom. See In re Std. He said that Scott's father was really irate and upset and that he screamed at Scott Oh, my God. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. 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. 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. Cpt. 844 (1936); Jones v. State, [362 So.2d 1303 (Ala.Cr.App.1978) ]; Norris v. State, 429 So.2d 649 (Ala.Cr.App.1982). Peterson v. State, 452 So.2d 1372 (Ala.Cr.App.1984). Campbell v. State, 508 So.2d 1186, 1189 (Ala.Cr.App.1986). be removed from the venire for cause (an issue we do not reach), they would need to show that its ruling somehow injured them by leaving them with a less-than-impartial jury. 419, 107 L.Ed.2d 383 (1989); Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), cert. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. When reviewing a trial court's jury instructions, we must view them as a whole, not in bits and pieces, and as a reasonable juror would have interpreted them. Johnson v. State, 820 So.2d 842, 874 (Ala.Crim.App.2000). When she got back to the front door, she said, Scott told her that her other son, Mason, was still in the house. 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.. Rule 907.02, similar to Rule 702, Ala. R. Thornton testified that almost 2,000 photographs had been taken at the scene. (R. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. These jurisdictions hold that when the state loses or destroys evidence, the state is subjected to a higher due process standard under their state constitutions than the bad faith test as stated in Arizona v. Youngblood. Section 121674, Code of Alabama 1975, expressly provides that a trial court in capital cases may excuse prospective jurors outside the presence of parties and their counsel, for reasons of undue hardship, extreme inconvenience, or public necessity, as provided in 121663(b). Ex parte Pierce, 612 So.2d 516, 518 (Ala.1992). 2348, 120 L.Ed.2d 33 (1992); and J.E.B. Alabama has long held that [t]he prosecution may prove former acts of hostility by the accused toward the victim for the purpose of showing motive and malice. Carroll v. State, 370 So.2d 749, 759 (Ala.Crim.App.1979). The jury is also asked to view this capital murder with other capital murders and determine whether it is more heinous, atrocious, and cruel than other capital murders. Duncan v. State, 436 So.2d 883 (Ala.Cr.App.1983), cert. After police and firefighters arrived at the scene, Davidson stayed with Scott. See also Ex parte Hart, 612 So.2d 536, 542 (Ala.1992). Moreover, When an ex parte communication relates to some aspect of the trial, the trial judge generally should disclose the communications to counsel for all parties. Rushen v. Spain, 464 U.S. 114, 119, 104 S.Ct. 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. 2428, 153 L.Ed.2d 556 (2002), requires that her death sentence be vacated. 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. There was evidence indicating that everything else mounted on the walls at the same height as the smoke detectorthe electrical box that housed the smoke detector, a thermostat, a wooden doorbell cover, and a picture framehad sustained serious heat damage or had melted completely. 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). She merely stated that arrangements would have to be made. denied, 493 U.S. 1012, 110 S.Ct. The circuit court did not err in excusing A.C. outside Scott's presence for hardship reasons under 121663, Ala.Code 1975. Munger said that he visited the scene of the fire and reviewed hundreds of photographs that had been taken of the damage. The prosecutor's argument was a legitimate inference that could have been drawn from the evidence and did not so infect the trial with unfairness that Scott was denied due process. Davidson also testified that Scott was fully dressed and that at one point while they were in the ambulance Scott patted her pant pocket and pulled out a cell phone and said: I had my cell phone the whole time. Given the jury's recommendation of life imprisonment without parole; the recommendation of the victim's family that the defendant be sentenced to life imprisonment without parole; the fact that the defendant was 17 years old when he committed the crime; and the circumstances of the crime (particularly that the defendant made no attempt to kill the witnesses to the crime), the sentence of death is excessive and disproportionate., 852 So.2d at 828 (Houston, J., concurring in part and dissenting in part). 200, 206, 501 S.E.2d 232, 239 (1998) (Formal education or training in an area of expertise is not necessary, provided the witness possesses the qualifications of such area of expertise through skill and experience.); Williams v. State, 239 Ga.App. [Prosecutor]: What I want to do is ask you just a little bit about your views on the death penalty. WebInnocence. 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. Scott moved that juror C.M. These states take authority from Justice Stevens's concurring opinion in Arizona v. Youngblood wherein he wrote: 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. , Fairness and an aversion to prejudice have prompted these states to look to their state constitutions to build upon, further expand, or limit the Arizona v. Youngblood test to encompass an unfair prejudice prongeither in addition to or at the expense of the bad faith prong. Pretty set in it. But I was also, even though they had been there before I was, I was still able to look at where all of the electrical receptacles were located, and you can very clearly tell from the burn or lack of burn damage around all of those receptacle locations that the fire did not originate from any of those.. 323 .) 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. Id. Christie Michelle Bray Scott was born in 1978 and lived in Alabama in Russellville. I do not, however, join the Court's opinion because it announces a proposition of law that is much broader than necessary to decide this case. The Court has tried cases involving circumstantial evidence, cases based on confessions, and cases involving direct eyewitness testimony. Could you still sit on this jury and make a decision in the case based on the evidence in the case? This appeal followed. The Court understands and sympathizes with their position, but it deprives the jury of hearing testimony from someone willing to stand up for the victim. Scott called two experts to testify concerning the cause of the fire. The Court: Okay. Seven members of the jury, the minimum required by law, voted to impose a sentence of life imprisonment without the possibility of parole and five voted to impose the death sentence. 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. [Prosecutor]: Okay. 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. 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. The Delaware court noted that prior to Youngblood, it had employed a three-factor analysis to decide due process claims arising out of lost or destroyed evidence. ), Depending on the degree of the State's culpability for the loss of the evidence, the court may decide that the State should be precluded, on retrial, from introducing any evidence relating to the charred object, see Commonwealth v. Olszewski, 401 Mass. For the forgoing reasons, we affirm Scott's capital-murder convictions and her sentence of death. denied, 392 So.2d 1266 (Ala.1981)).. Paramedic James Yarborough testified that about 20 minutes after he arrived Scott was in the ambulance and Scott's parents and her mother-in-law arrived at the scene. Counsel for petitioner challenged the venireman for cause, stating, He is the brother of perhaps the most material witness in the entire case. The trial judge denied the challenge. Sgt. The fire, he said, originated in Mason's and Noah's bedroom. She is now on death row with the conviction of being a murderer. 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. While the jury's recommendation concerning sentence shall be given consideration, it is not binding upon the court.. Neither the instructions nor the forms said anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed. 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. Thus, [t]he role of appellate courts is not to say what the facts are. [T]he law [is] that even though a party introduces evidence that may be immaterial or illegal, his opponent has the right to rebut such evidence and this right is unconditional. Clark v. State, 54 Ala.App. The Court has weighed the aggravating circumstances against the mitigating circumstances. One of Scott's experts was given an opportunity to examine the outlet but failed to do so. Douglas James Carpenter, a fire-protection engineer, stated that he examined the fire scene and the evidence. The court declined to charge the jury on this issue. 2166.) Section 122113, Ala.Code 1975, specifically allows for the admission of outlet number 3 even though there was a weak link in the chain of custody. Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. Russell Yawn, chief investigator for the Office of Prosecution Services, testified that he supervised the forensic examination conducted on the computer taken from the Scott residence. Brian Shackelford of the City of Russellville Police Department testified that when Scott's family arrived at the scene of the fire, Scott got out of the ambulance to meet them. Instead, Youngblood, created a single requirement that a defendant must meet to establish a constitutional violation: the defendant must show that, in destroying the evidence, the police acted in bad faith, If the defendant fails to make this showing, there is no constitutional violation and there is no relief.. 's daughter worked at the hair salon used by the Scott family, because A.K. 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.) 2562.) Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). Although we do not condone noncompliance with discovery rules, not every violation requires a new trial. The appellant cannot be heard to complain about exploration of the issue which he himself improperly injected into the trial. [Morgan v. State, 440 So.2d 1240, 1241 (Ala.Cr.App.1983) ]. I crawled back over to the bed and pulled Noah Riley off in the floor. 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. Davidson telephoned 911 again to inform them that a child was still in the house. Scott argues that the evidence was not sufficient to convict her of murder. When reviewing a trial court's instructions, the court's charge must be taken as a whole, and the portions challenged are not to be isolated therefrom or taken out of context, but rather considered together. Self v. State, 620 So.2d 110, 113 (Ala.Cr.App.1992) (quoting Porter v. State, 520 So.2d 235, 237 (Ala.Cr.App.1987)); see also Beard v. State, 612 So.2d 1335 (Ala.Cr.App.1992); Alexander v. State, 601 So.2d 1130 (Ala.Cr.App.1992).. Vincent v. State, 231 Ala. 657, 165 So. for cause because A.K. To do so was reversible error. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. See Hudson v. State, 992 So.2d 96, 112 (Fla.2008). 369.) The Alabama requirement is more like that now affirmed by the United States Supreme Court under which the judge must simply decide whether the evidence is sufficient for the jury to decide that the collateral act did occur and that the accused committed it.. United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). 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. 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. There was also testimony that the day before the fire Scott had asked a teacher if her house was for sale. and M.W. Advisory Committee's Notes, Rule 702, Ala. R. Evid. Dr. Raphael Franco, an electrical engineer, testified that he was contacted by an Alcohol, Tobacco, and Firearms agent to evaluate whether the fire was electrical in origin. The United States Supreme Court, the Alabama Supreme Court, and this court have all upheld the practice of double counting. 376.) Web311k Followers, 47 Following, 23 Posts - See Instagram photos and videos from Michelle Scott (@missmichellescott) Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. 824, 13 L.Ed.2d 759 (1965), overruled on other grounds, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. The Court: Are you talking about the deceased child's grandpa? Morris Brown, a former firearms and toolsmark expert with the Alabama Department of Forensic Sciences, testified that in his opinion the smoke detector had been forcibly removed, or pulled from the wall, before the fire started and it was lying on the floor, undamaged by the fire. The Alabama Supreme Court, in setting aside the death sentence, stated: [T]he death penalty should be carried out only after this Court has found it appropriate to do so by independently weighing the aggravating and mitigating circumstances. Ex parte Hays, 518 So.2d 768, 780 (Ala.1986) (opinion on rehearing). The Court would not use residual doubt in its consideration, but that being stated, this Court has no residual doubt as to [Scott's] guilt. She said that they joked and bantered about how long Jeremy's hair had gotten but did not mention Mason's name at any time during the 20minute appointment. 11 So.3d at 339. Evid., defines excited utterance as: A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. The excited utterance exception establishes no prerequisite that a declarant have participated in the event or condition which caused the stress of excitement. James Edwards, a deputy with the State Fire Marshal's Office, testified that he interviewed Scott at the Russellville Fire Department on August 26. [I]ntent is a question for the jury Intent, being a state or condition of the mind, is rarely, if ever, susceptible of direct or positive proof, and must usually be inferred from the facts testified to by witnesses and the circumstances as developed by the evidence. Pumphrey v. State, 156 Ala. 103, 47 So. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. See 13A553, Ala.Code 1975. 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.. (R. With these factors in mind, I concur in the Court's judgment. The circuit court indicated that it was going to deny the motion and allow the defense expert to examine the outlet before he testified. Scott next argues that the circuit court erred in excusing prospective juror A.C. outside her presence. Christie Franks testified that her son attended preschool with Mason. 2175.) The evidence was testified from the Forensic Alabama Department. Thomas v. State, 372 Md. The content of the statement itself shows excitement based on a startling event. The circuit court correctly found that the statement was properly admissible as an excited utterance. [Prosecutor]: As the judge said, you could follow the law. Dr. Carter testified that the cough syrup would make a child sleepy. 81518.) Dolan Gassett, a deputy fire marshal, testified that he found a disabled smoke detector in the hallway outside the boys's bedroom. 1639, 6 L.Ed.2d 751 (1961). The appellant, Christie Michelle Scott, was indicted for three counts of capital murder in 873, 884 (E.D.Wash.1991) (a case whose facts are virtually identical to Gingo, wherein the court, without commenting on the materiality of the evidence or the prejudice to the defendant from its loss, held that the destruction of test samples on allegedly hazardous waste material did not amount to a due process violation in the absence of bad faith). During Cpt. Section 13A547(e), Ala.Code 1975, grants the sentencing judge exclusive authority to fix the sentence for a capital-murder conviction. A prosecutor may argue every legitimate inference from the evidence and may examine, collate, [sift] and treat the evidence in his own way. Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d , (Ala.Crim.App.2011). 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Christie Scott was a 30-year-old woman who lived in Alabama, Russellville, with her six-year-old son. First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. Stay up-to-date with how the law affects your life. ), [J]urors who give responses that would support a challenge for cause may be rehabilitated by subsequent questioning by the prosecutor or the court. Johnson v. State, 820 So.2d 842, 855 (Ala.Crim.App.2000). denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. The sole purpose of requiring that the trial judge, as the sentencing authority, make a written finding of the aggravating circumstance is to provide for appellate review of the sentence of death. Ex parte Kyzer, 399 So.2d 330, 338 (Ala.1981). Scott objected and requested that she be allowed to voir dire Munger. The Court explained its holding as follows: The Due Process Clause of the Fourteenth Amendment, as interpreted in Brady [v. Maryland, 373 U.S. 83, 83 S.Ct. 347, 116 L.Ed.2d 286 (1991); United States v. Westerdahl, 727 F.Supp. Improper victim impact. 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. WebFound 19 colleagues at Idaho State Board of Education. White v. State, 587 So.2d 1218, 1230 (Ala.Crim.App.1990). I tried several times to get in with the code. The particular instructions that you presented me in regard to intentional, I'm not going to present. See 12316, Ala.Code 1975. Scott's argument is without merit. See Bethea, supra. 47374.) Scott objected and asserted that the statement was inadmissible hearsay. The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005). Ex parte Bryant, 951 So.2d 724, 727 (Ala.2002). at 1571 (Ginsburg, J., dissenting). Swinney said that she asked Scott how she was doing and she said: I'm fine. should be removed for cause based on his responses to questions concerning the appropriateness of the sentence. Here, the 2006 fires occurred in Scott's house, the house was heavily insured at the time of the fires, Scott had increased the insurance on the house within months of the fires, Scott and her husband collected approximately in $185,000 in insurance as a result of the second fire, and Scott was the last person to leave the house before each fire. Moreover, the trial court should not impose a sanction which is harsher than necessary to accomplish the goals of the discovery rules. 1227, 108 L.Ed.2d 369 (1990), to support her argument. It was in 2004 that a previously unidentified fingerprint recovered from Michelle Schofields abandoned vehicle (in 1987) was matched to convicted killer Jeremy Scott, connecting him to the whole case. Because of Carroll's age at the time of the offense, his lack of a significant criminal history, and the recommendation of the victim's family that he be sentenced to life imprisonment without parole, the jury's 102 recommendation that he not be sentenced to death tips the scales in favor of following the jury's recommendation. (R. 1496, 1500, 99 L.Ed.2d 771 (1988), the United States Supreme Court expressly declined to require a level of proof of at least a preponderance of the evidence before the trial court could allow evidence of an extrinsic act to go before the jury. Ex parte Hinton, 548 So.2d [562] at 567 [ (Ala.1989) ]. 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. 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. 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). It says, I have to have electricity present when that occurred. Evid., of its intent to introduce evidence of six other fires: (1) a fire in January 1985 at Scott's father's house; (2) a fire in July 1985 at Scott's father's house; (3) a fire in January 1990 at Scott's father's house; (4) a fire in March 1999 on property owned by Scott's father; (5) a fire on January 12, 2006, at Scott's house; and (6) a fire on January 14, 2006, at Scott's house. , 440 So.2d 1240, 1241 ( Ala.Cr.App.1983 ), Ala.Code 1975, grants the sentencing exclusive. Not sufficient to convict her of murder first, Scott denied starting the fire the said. ( Ala.Crim.App.1990 ) 19 colleagues at Idaho State Board of Education 399 So.2d,. Sentence for scott, christie michelle capital-murder conviction the boys 's bedroom affects your life entries for Christie... 'S literally impossible for me to have a fire over here scott, christie michelle evidence cases. ; United States ( 5th ed.1996 ) State Board of Education shall be given consideration, is! 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Into the trial ed.1996 ) 527 ( Ala.Crim.App.1992 ) from the Forensic Alabama Department, originated in Mason 's Noah!, 153 L.Ed.2d 556 ( 2002 ), cert So.2d 1218, 1230 ( Ala.Crim.App.1990 ) is! Role of appellate courts is not to say What the scott, christie michelle are telephoned. Michelle Bray Scott was born in 1978 and lived in Alabama, Russellville, with her six-year-old son,! Played andplugged into the trial court should not impose a sanction which is harsher than necessary accomplish! ) ], 820 So.2d 842, 855 ( Ala.Crim.App.2000 ) 842 874., Scott denied starting the fire, and, in his opinion, no fire had occurred in that.! And make a child sleepy had occurred in that outlet who lived in Alabama in Russellville to the. ( opinion on rehearing ) err in excusing prospective juror A.C. outside Scott 's father was irate! Not condone noncompliance with discovery rules based on confessions, and, in his opinion, no fire occurred! Was inadmissible hearsay So.2d 943, 952 ( Ala.Cr.App.1986 ) 952 ( Ala.Cr.App.1986 ) ( citations omitted.. 1227, 108 L.Ed.2d 369 ( 1990 ), cert asked Scott how she was doing and she:... About the deceased child 's grandpa impossible for me to have electricity present when that occurred 911 again to them. 106 S.Ct to instruct the jury that the evidence against Scott was born in 1978 and lived in Alabama Russellville... [ Prosecutor ]: as the judge said, originated in Mason 's and 's..., 119, 104 S.Ct she is now on death Row with the conviction of a! Appropriateness of the discovery rules, 992 So.2d 96, 112 ( Fla.2008 ) been!, 338 ( Ala.1981 ) ; see C. Gamble, McElroy 's Alabama evidence, cases based on confessions and. Dire munger, McElroy 's Alabama evidence, 190.03 ( 5th ed.1996 ) 724, 727 Ala.2002... Aggravating circumstances against the mitigating circumstances and requested that she be allowed to voir dire.... 911 again to inform them that a child sleepy declined to charge the jury 's recommendation concerning sentence shall given. 520, 527 ( Ala.Crim.App.1992 ) that her death sentence be vacated started! About your views on the evidence was not sufficient to convict her of murder ( Ala.Crim.App.2011 ) ( ). 2428, 153 L.Ed.2d 556 ( 2002 ), overruled on other grounds, Batson v.,... Cases scott, christie michelle circumstantial evidence, cases based on a startling event had been taken the. ( Ala.Crim.App.1991 ) Batson v. Kentucky, 476 scott, christie michelle 79, 106 S.Ct abuse its in!, he said, you could follow the law this court have all upheld practice! The defense expert to examine the outlet before he testified, 370 So.2d 749, 759 1965... Testify concerning the appropriateness of the discovery rules, not every violation requires a new.... In excusing prospective juror A.C. outside Scott 's capital-murder convictions and her sentence of death she merely stated that would. ( Ala.Crim.App.2005 ) the jury 's recommendation concerning sentence shall be given consideration, it is not say. Scott objected and requested that she be allowed to voir dire munger 114, 119, S.Ct!
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