United States v. Devin, 918 F.2d 280, 286 (1st Cir.1990). 1364, 113 L.Ed.2d 411 (1991); Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. That is a powerful statement. 877, 357 N.E.2d 1320 (1976). Scott was convicted of capital murder for committing an intentional murder for pecuniary gain. On appeal, Pittway argued that Munger's testimony should not have been considered because Munger lacked a four-year college degree, because he was not an engineer, and because he was not a proper expert. He further testified that the television had been plugged into outlet number 5, that the cord to the television was damaged by an external fire which caused the circuit breaker to trip meaning, he said, that the electricity had to pass through outlets number 1 through 4 before going to 5 and that the fire could not have been electrical in origin. denied, 506 U.S. 929, 113 S.Ct. To argue that the Defense experts might argue a different theory if the outlet was produced, is not credible .. ]: I didn't mean it like that if I did. A jury found Scott guilty on all counts and recommended, by a vote of 7 to 5, that Scott be sentenced to life imprisonment without the possibility of parole. Dr. Carter testified that the cough syrup would make a child sleepy. 's daughter worked at the hair salon used by the Scott family, because A.K. 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. 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. 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. 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.) ), [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). 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? See also Phelps v. State, 435 So.2d 158, 163 (Ala.Crim.App.1983). ), cert. 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. The test for determining whether a strike rises to the level of a challenge for cause is whether a juror can set aside their opinions and try the case fairly and impartially, according to the law and the evidence. Marshall v. State, 598 So.2d 14, 16 (Ala.Cr.App.1991). In her motion for a new trial, Scott again raised this issue. 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. 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. He examined the Internet search history for August 15 and August 16, 2008. The State gave notice, pursuant to Rule 404(b), Ala. R. and the following occurred: [Defense counsel]; Okay. 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.. During the appeals, it was also stated that her son was alive when the fire happened, and the death was not due to the fire. 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. The Court stated: Because Ross [v. Oklahoma, 487 U.S. 81, 108 S.Ct. Draper v. State, 886 So.2d 105, 120 (Ala.Crim.App.2002), quoting Averette v. State, 469 So.2d 1371, 137374 (Ala.Crim.App.1985). Jana Boyd, a stylist at the WalMart hair salon, testified that a lady came in the store on the Monday after the fire and that Swinney got upset and Boyd had to wait on the customer. [L.H. WebScott Christie, James N. Disney, Beth Harvey, Deelynna Oliphant, and Patsy Wynn ran in the Republican primary for Center Township Board Member, Hendricks County on May 3, WebMichelle Marie Christie, 31 Resides in Franklinville, NY Lived In Lockport NY, Buffalo NY Related To Andrewelizabet Christie, Elizabeth Christie, Jordan Christie, James Christie, Scott Christie Also known as M G Christie Includes Address (3) Phone (1) See Results Michelle Agnes Christie, 53 Resides in Hopewell Junction, NY We can find no legal basis for disturbing the circuit court's sentence in this case. 420, 394 S.E.2d 111 (1990); Thorne v. Department of Public Safety, 774 P.2d 1326 (Alaska 1989); State v. Fain, 116 Idaho 82, 774 P.2d 252 (1989). 1128.). 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). 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). 280, 289, 86 L.Ed. Scott cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. Any indications of conscious guilt arising from the conduct, demeanor, or expressions of an accused are legal evidence against him. 278.) 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. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. And it's because of the familial association and the fact that her own brother is one of the key witnesses in the case. 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). When you strip the outer insulation back that paper in there, a couple of those even still had the paper in there. The circuit court overruled the objection. 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. 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. denied, 516 U.S. 995, 116 S.Ct. The jury does this without having specific knowledge of any other capital-murder cases. The appellant contends in his brief that he was never charged with the two earlier fires, that no one saw him set them, and therefore that they should not have been allowed into evidence. This three-part analysiswhich weighs culpability, materiality, and prejudiceis what the Alabama Supreme Court seems to have employed in Ex parte Gingo. Both of Scott's experts testified that the fire originated in the television cabinet and not near or around outlet number 3. 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. 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. These rules apply even where the testimony on redirect examination concerns other criminal conduct by the defendant. Sistrunk, 596 So.2d at 647. It calls for speculation and conclusion and mental operation of another person. Christie is related to Keith Eugene Scott and Dianne Edith Scott as well as 3 additional people. 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. 154, 225 S.E.2d 607 (1985) ([T]here was no contention by the state that these fires were the result of criminal activity on the part of appellant or anyone else; hence, the questioning cannot be considered an improper attempt to introduce evidence of prior offense.); State v. Roberts, 250 Ga. 414, 415, 297 S.E.2d 274, 275 (1982) ([W]e cannot find error in the admission of evidence of prior fires which were not shown to have been the result of criminal activity.). Therefore, we conclude that the multiple errors on the part of the trial court in improperly denying GM's challenges for cause were not harmless, whether or not it could have been shown that the jury ultimately seated was unbiased and impartial. On August 15, he said, the computer was used to search numerous real-estate sites for houses for sale. Outlet number 4, Dr. Franco said, contained too much plastic that wasn't consumed by the fire for any fire to have been present in that outlet. at 342 (Stevens, J., concurring in the result). 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. The judge is not required to be convinced beyond a reasonable doubt, by clear and convincing evidence, or by a preponderance of the evidence that defendant committed the extrinsic act. State v. Haskins, 104 N.C.App. United States v. Gee, 695 F.2d 1165, 1169 (9th Cir.1983) ., McCrory v. State, 505 So.2d 1272, 1279 (Ala.Cr.App.1986).. (C. 308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. 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. Counsel objected and argued that Bray's statement was inadmissible hearsay. Section 13A547(e), Ala.Code 1975, grants the sentencing judge exclusive authority to fix the sentence for a capital-murder conviction. Scott did not object to McKinney's testimony. [Defense counsel]: I don't have anything else, Your Honor. Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. See Vanpelt v. State, 74 So.3d 32 (Ala.Crim.App.2009); Smith v. State, 908 So.2d 273 (Ala.Crim.App.2000); Sockwell v. State, 675 So.2d 4 (Ala.Crim.App.1993). denied, 392 So.2d 1266 (Ala.1981)).. 877.). See also Ex parte Hart, 612 So.2d 536, 542 (Ala.1992). However, this Court on numerous occasions has upheld that statute against similar attacks. Knop v. McCain, 561 So.2d 229, 234 (Ala.1989). Here, Scott denied starting the fire, and the evidence against Scott was circumstantial. She set her house on fire, and smoke inhalation became the reason for her sons death. WebView the profiles of people named Christie Scott. How are you? (R. And, secondly, he wrote on his questionnaire he had no confidence in the Russellville Police Department, and we've made it a point to strike all the people that had no confidence in law enforcement., (R. Defense counsel again indicated that no meaningful voir dire of either juror had occurred and that these jurors were not questioned concerning their responses to questions on the juror questionnaires. They focused only on the overall balancing question. 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. 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). Best Match Powered by Whitepages Premium AGE -- Michael R Christie Atlanta, GA (Dunwoody) Aliases Christie Michael View Full Report Addresses Adair Ln, Atlanta, GA Dwight Walden, a fire investigator, testified that, in his opinion, the second fire was intentionally set. denied, 474 U.S. 865, 106 S.Ct. The circuit court did not abuse its discretion in denying Scott's request to instruct the jury that it was never required to recommend a sentence of death. Dowdell v. State, 480 So.2d 45 (Ala.Cr.App.1985). Any lost receptacle was done unintentionally or negligently. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). Following Youngblood, this court decided State v. Gingo, 605 So.2d 1233 (Ala.Cr.App.1991). Scott objected and requested that she be allowed to voir dire Munger. The court declined to charge the jury on this issue. Leave a The next thing I remember is something hitting my face. When I got on the ground, I took, Noah Riley by the hand and started around the house. 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. [L.H. The circuit court did not abuse its considerable discretion in determining that Munger was an expert in the field of fire science based on his extensive qualifications and the Supreme Court's opinion in Carruth. 720, 79 L.Ed.2d 182 (1984); Johnson v. State, 378 So.2d 1164 (Ala.Cr.App. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. A fire-protection consultant, James Munger, testified for the State as an expert in the area of fire science. He prescribed promethazine again on April 16, 2008. The Court, however, has the ability to learn of other capital-murder cases where the Court ordered the death of the defendant. Accordingly, we find no error. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. Lee v. State, 44 So.3d 1145, 116162 (Ala.Crim.App.2009), quoting Sockwell v. State, 675 So.2d 4, 18 (Ala.Crim.App.1993). 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. Scott next argues that the evidence of the other fires was not admissible to prove motive. Thus, we find no error in the circuit court's actions in regard to juror J.M. ), 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. 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. 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