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We can find no legal basis for disturbing the circuit court's sentence in this case. 328788.). 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). A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. Outlet number 5 had a power cord that led to the television. It was Dr. Franco's opinion that the fire was not electrical in origin. 2651.) 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. 's juror questionnaire shows that he wrote that he had a bumper sticker on his vehicle that read: Caution I drive as bad as you do, Nekromantix. The prosecutor stated that he had researched this and discovered that Nekromantix was a death metal group that has a lot of death imagery (R. On August 15, he said, the computer was used to search numerous real-estate sites for houses for sale. (R. When the evidence raises questions of fact for the jury and such evidence, if believed, is sufficient to sustain a conviction, the denial of a motion for a judgment of acquittal by the trial court does not constitute error. 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). WebInnocence. 864.). To justify a challenge for cause, there must be a proper statutory ground or some matter which imports absolute bias or favor, and leaves nothing to the discretion of the trial court. Clark v. State, 621 So.2d 309, 321 (Ala.Cr.App.1992) (quoting Nettles v. State, 435 So.2d 146, 149 (Ala.Cr.App.1983)). The circuit court allowed the statement to be received into evidence over Scott's objection. 1. The Alabama Supreme Court in Ex parte C.L.Y., 928 So.2d 1069 (Ala.2005), stated the following concerning this exception to the hearsay rule: [S]trict contemporaneity should not be required between the statement and the occurrence in order for the declaration to qualify for the present hearsay exception. denied, 506 U.S. 1049, 113 S.Ct. [Ex parte ] Carroll, 852 So.2d [833] at 836 [ (Ala.2002) ]. There was also testimony that the day before the fire Scott had asked a teacher if her house was for sale. 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. Born Laura Bambrough, the statuesque beauty left her home state of Utah as a teenager to become a model in Paris. The circuit court did not err in denying Scott's motion to remove juror S.S. for cause. [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. 404.2K Followers. 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. The characteristic was parricide, and the purpose of her mother was to collect the insurance money. I'll let either attorney ask or either side ask questions. The Court: Just address it specifically to this case. Term 1993); People v. Von Villas, 10 Cal.App.4th 201, 13 Cal.Rptr.2d 62 (1992); People v. Wimberly, 5 Cal.App.4th 773, 7 Cal.Rptr.2d 152 (1992). Then I ran around to the front of the house. One of these jurors was struck for cause. However, the Alabama Supreme Court disagreed with our reliance on Youngblood and, in Ex parte Gingo, 605 So.2d 1237 (Ala.1992), cert. 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. [Fox v. State, 179 Ind.App. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.. A.K. [C.M. An extensive voir dire took place at which time Scott questioned Munger concerning his lack of a four-year college degree and having an associate degree from what she characterized as a diploma mill. 2650.). This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. 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. Scott told her that her house was on fire. He's never going to play ball again. Scott next argues that the circuit court erred in allowing evidence of how Scott treated Mason. Scott first argues that the circuit court erred in denying her motion to remove juror K.B. the law would say that there are certain times that even the killing of a child does not warrant the death penalty depending upon aggravating and mitigating circumstances. [Prosecutor]: I'll rephrase the question. I picked up Noah Riley, kissed him, told him I loved him, and dropped him out of the window. 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). He'll blame me or he'll try to hurt his self. (R. The standard of fairness does not require jurors to be totally ignorant of the facts and issues involved. Evid., because, she argues, there was no evidence that Scott started the other fires. ), [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). : [A]s far as juror [M.W. Briggs argued on appeal that the prior fires were not admissible because he was never charged with those fires, that he was not seen starting those fires, and that the evidence was admitted only to show his propensity to commit the charged arson. Even if the evidence of the fire that was ruled accidental was subject to review under Rule 404(b), Ala. R. 877.). 1227, 108 L.Ed.2d 369 (1990), to support her argument. 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. 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. On cross-examination, defense counsel asked Deputy Edwards whether he used kinesic interview techniques when he conducted interviews and he asked Deputy Edwards to define those techniques. Count I of the indictment charged that Scott murdered Mason for pecuniary gain or other valuable consideration, i.e., the proceeds of a life-insurance policy, a violation of 13A540(a)(7), Ala.Code 1975; Count II charged that Scott murdered Mason during the course of an arson in the first degree, a violation of 13A540(a)(9), Ala.Code 1975; and Count III charged that Scott murdered a child under the age of 14, a violation of 13A540(a)(15), Ala.Code 1975. I could see flickering that I thought at the time was coming from the laundry room. 1260. And if it had been interior heating from inside the box that should havethe insulation and that should have been a lot more damaged than what it showed., (R. [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. The question of whether the statement is spontaneous in a given case is to be decided upon the facts and circumstances of that case, and such determination is a question for the trial court. O'Cain v. State, 586 So.2d 34, 38 (Ala.Crim.App.1991). Tyson v. State, 784 So.2d 328, 351 (Ala.Crim.App.2000). (quoting Rule 404(b))a relevancy conditioned on fact question under Rule 104(b) as opposed to a preliminary question of admissibility of the type enumerated in Rule 104(a) (e.g., qualification of a witness, existence of a privilege).. Outlet number 1, the outlet behind Mason's bed, was misplaced at the scene, and Russellville firefighters sifted through the debris for 8 to 10 hours to try and locate the outlet, but were unsuccessful. The following occurred during voir dire questioning: [Prosecutor]: [Y]ou said that if there is a murder or a death, there should always be the death penalty. We also conclude that that balance will necessarily be drawn differently in every case because 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. Facebook gives people the power to share and makes the world more open and connected. And for it not to trip a breaker or not to cause problems, and I still have electricity over here in receptacle number five.. 712, 398 A.2d 1250 (1979), we] recognized that a common scheme or plan exception would have available if there had been evidence that the appellant had started the fires to make and collect insurance claims.). Furthermore, there was no argument by the prosecution implying the same. 774, 145 L.Ed.2d 792 (2000), decisions. WebMichelle A Christie. The circuit court's order clearly reflects that it considered all mitigating evidence that had been offered by Scott. Trial courts are presumed to know and to follow existing law. Harris v. State, 2 So.3d 880, 925 (Ala.Crim.App.2007). Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. The actual prejudice standard is defined as follows: To find the existence of actual prejudice, two basic prerequisites must be satisfied. And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. 2289, 90 L.Ed.2d 730 (1986). Davidson's boyfriend, Brian Copeland, testified that Scott came to the door of the house he shared with Davidson in the early morning hours of August 16 and told them that her house was on fire. 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. 482, 115 So.2d 667 (1959) (recognizing that the identity exception is applicable only where both the prior crime and the charged offense were committed in the same special or peculiar manner).. The court stated: Prejudice is presumed from pretrial publicity when pretrial publicity is sufficiently prejudicial and inflammatory and the prejudicial pretrial publicity saturated the community where the trials were held. 778 F.2d at 1490 (emphasis added). According to court documents Scott set fire to her home that would kill her six year old autistic son. Christie graduated from the University of Louisville School of Medicine in 1984. CR081747. The circuit court denied the motion. [S.S.]: I would listen to everything. (R. 1628, 14 L.Ed.2d 543 (1965); Ex parte Grayson, 479 So.2d 76, 80 (Ala.), cert. We have a lot of details to those fires that we think would definitely establish a similar type of plan as [the prosecutor] already discussed to burn down houses to get insurance proceeds. The record shows that in March 2009 Scott moved for a change of venue and argued the following: All the major newspapers in the area of Franklin County, Lauderdale County, Limestone County, Madison County, Alabama, and other surrounding counties have published and circulated newspaper articles describing the acts with which [Scott] is charged, and these papers included significant portions of documentary and hearsay evidence relative to [Scott], the admissibility of which has not been considered by this Honorable Court. Inconsistent with the testimony of numerous State witnesses power cord that led to the.., 145 L.Ed.2d 792 ( 2000 ), decisions remove juror K.B Ala..! Outlet number 5 had a power cord that led to the television existing law with the of! 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