scott, christie michelle

Vanpelt, 74 So.2d at 89. 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). WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. Cpt. Even though a prospective juror admits to potential bias, if further voir dire examination reveals that the juror in question can and will base his decision on the evidence alone, then a trial judge's refusal to grant a motion to strike for cause is not error. Perryman v. State, 558 So.2d 972, 977 (Ala.Crim.App.1989). CasesReport No. 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. Each of our sister Circuits to consider the issue has concluded that Rule 404(b) extends to non-criminal acts or wrongs, and we now join them.''. The Court: Yes, I do remember that, but she said that she, personally, could follow the judge's instructions. If there is no evidence of bad faith, the sanction imposed by the trial court should be no more than is necessary to assure the defendant a fair trial. Annot., Propriety of Imposition of Death Sentence by State Court Following Jury's Recommendation of Life Imprisonment or Lesser Sentence, 8 A.L.R.4th 1028 (1981). Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. It calls for speculation and conclusion and mental operation of another person. These similarities suggest motive, plan, preparation, knowledge, and absence of accident.); Kinser v. State, 501 N.E.2d 1041, 1043 (Ind.1986) (Here, the challenged evidence revealed prior fires of heavily insured property owned by Appellant, incendiary in nature and showing signs of tampered-with electrical wiring.); Eps v. State, 52 Md.App. More significantly, the trial judge instructed the jury: If you find that the State has allowed to be destroyed or lost any evidence whose content or quality are in issue, you may infer that the true fact is against the State's interest. As a result, the uncertainty as to what the evidence might have proved was turned to the defendant's advantage. The Court will now discuss the jury's recommendation as a mitigating factor. (R. 404.2K Followers. It was their opinion that the fire was a closed-cabinet fire because of the high level of carbon monoxide in Mason's blood. The prosecutor stated the following concerning juror M.W. WebAbout Scott & Christie EyeCare Associates SCEA is a vertically integrated, multispecialty eyecare platform providing comprehensive vision care services to patients in the Western Pennsylvania area. Dr. Kalin testified that he identified the following drugs in Mason's system: amphetamines, codeine, and promethazine, an antihistamine typically used to treat nausea in postoperative patients. denied, 398 So.2d 376 (Ala.1981); see C. Gamble, McElroy's Alabama Evidence, 190.03 (5th ed.1996).. When evaluating prosecutorial arguments, we keep in mind the following: The relevant question is whether the prosecutor's comments so infected the trial with unfairness as to make the resulting conviction a denial of due process. Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. Log In Sign Up. 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. 2. It was Munger's opinion that the fire originated in the quadrant of the room that contained Noah's bed. (R. Ninety percent is a very high [carbon monoxide] level. He examined the Internet search history for August 15 and August 16, 2008. denied, 423 U.S. 951, 96 S.Ct. 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. Could you still sit on this jury and make a decision in the case based on the evidence in the case? Dunning v. State, 659 So.2d 995, 997 (Ala.Crim.App.1994). I crawled over to the door. When discussing this exception to the general exclusionary rule, the Alabama Supreme Court has stated: Rule 404(b) provides that evidence of a collateral act by the defendant is not admissible to prove the bad character of the defendant. 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. Scott further argues that the circuit court erred in allowing testimony of Scott's post-fire conduct which, she says, was irrelevant and prejudicial. It was his opinion that the fire was not electrical in origin. WebView the profiles of people named Christie Scott. Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. at 1537. 86061.) The record shows that juror A.K. completed a 12page questionnaire and was very candid with her responses on the questionnaire. Biological evidence is not governed by 122113, Ala.Code 1975, because it is not readily identifiable. But we think the Due Process Clause requires a different result when we deal with the failure of the State to preserve evidentiary material of which no more can be said than that it could have been subjected to tests, the results of which might have exonerated the defendant. C. Gamble, McElroy's Alabama Evidence 69.01(8) (5th ed.1996); Ex parte Arthur, 472 So.2d 665 (Ala.1985); and Robertson v. State, 680 So.2d 929 (Ala.Crim.App.1994). ]: Well, yeah. Where is my grandbabies? (R. Thus, the court committed no error in denying Scott's motion to strike A.K. [Fox v. State, 179 Ind.App. 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. 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. Neither the instructions nor the forms said anything about howor even whetherthe jury should make individual determinations that each particular mitigating circumstance existed. Knop v. McCain, 561 So.2d 229, 234 (Ala.1989). The circuit court did not abuse its discretion in allowing evidence concerning Scott's treatment of Mason. Evidence was also presented indicating that two fires had occurred at the Scotts' previous residence on Steel Frame Road in 2006 and that as a result of the second fire the Scotts had received over $185,000 in insurance monies. 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. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? And that is one of the reasons she was indicted in this case. See Dixon v. Hardey, 591 So.2d 3 (Ala.1991); Knop v. McCain, 561 So.2d 229 (Ala.1989); Ex parte Rutledge, 523 So.2d 1118 (Ala.1988); Ex parte Beam, 512 So.2d 723 (Ala.1987); Uptain v. State, 534 So.2d 686, 688 (Ala.Crim.App.1988) (quoting Swain and citing Beam and Rutledge ); Mason v. State 536 So.2d 127, 129 (Ala.Crim.App.1988) (quoting Uptain ). See also State v. Lowther, 434 N.W.2d 747, 753 (S.D.1989) (There was a similar sequential relationship between the January fire and the December fire. 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. 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. Co., 51 So.3d 109, 113 (La.App.2010) (Formal education is not always necessary and experience may be sufficient.); In re C.W.D., 232 Ga.App. Let me just ask you, though, the reason that you do not feel that you can be fair and impartial to both sides is? And I know you have those views and I know you said they were pretty set as far as some types of death. WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. The circuit court allowed the statement to be received into evidence over Scott's objection. The missing outlet is not relevant to this theory of what caused the fire. (R. Residual doubt is not a factor that should be used in the sentencing portion of the case; however, the jury may have considered this. Whenever a witness in a criminal trial identifies a physical piece of evidence connected with or collected in the investigation of a crime, the evidence shall be submitted to the jury or court for whatever weight the jury or court may deem proper. WebView the profiles of people named Christie Michelle. All of these tests, however, appear more strict than that applied in the courts of Alabama. He went to the Scott residence and examined the fire scene. Scott called two experts to testify concerning the cause of the fire. WebScott testified that after waking to discover her house was on fire, she attempted to rescue Mason, who was sleeping in his bedroom down the hall, but was turned back by thick 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. 2166.) 1194, 10 L.Ed.2d 215 (1963). M.W. I mean, obviously, one of them was the electrical. When Yarborough tried to calm Scott down, Yarborough testified, Scott said to him You don't understand. The jury may have taken that into consideration in its recommendation. (R. WebScott Christie Found 155 results for Scott Christie Scott Christie, age 66 View Details Little Rock Presumed owner of the real estate located at 15 Ridgeview Dr, Little Rock Completed Graduate School Associated persons: John A Christie, Martha Christie, Matthew J Christie, Sarah Christie (501) 221-9545 View Details Scott Christie View In each case, this Court upheld the trial courts' decisions to override the juries' recommendations. denied, 387 So.2d 283 (Ala.1980). Scott relies on Birge v. State, 973 So.2d 1085 (Ala.Crim.App.2007), to support her assertion that there was reversible error in the State's failure to establish a proper chain of custody for the outlet. Scott did not object to this testimony. White v. State, 546 So.2d 1014, 1017 (Ala.Crim.App.1989). McClendon v. State, 243 Ala. 218, 8 So.2d 883 (1942). This was a crime related to setting the house on fire and insurance money, which eventually resulted in her sons death. at 1213 (emphasis added). because, she says, there was no meaningful voir dire conducted on those jurors. In Harris, we upheld the circuit court's override of the jury's recommendation of life imprisonment without the possibility of parole after the court indicated in its order that it considered evidence outside the record as it related to the aggravating circumstance that two or more persons were killed pursuant to one scheme. 1213 (1990), wherein the author explains that Youngblood did not establish a test balancing the materiality of the lost evidence against the culpability of the police for the loss. 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. The Court: Okay. 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. Thus, we find no error in the circuit court's admission of Bray's statement to Scott. They have also lived in Bronxville, NY. 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. 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). 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. She said that she retrieved some jewelry out of Scott's home about one week after the fire. Mason's high level of carbon monoxide did not change his opinion, he said: I feel like that, as I explained, the way the fire built up and ventilated out of that hallway that it probably burned slow early on for several minutes and that allowed [Mason] to breathe a large amount of this carbon monoxide before the room actually built up enough to get flashover, if, indeed, it did. (R.1922. [S.S.]: I would listen to everything. The remoteness in time and dissimilar nature of these fires would keep these fires from falling under any exception under 404(b). I don't want him here. (R. It added that it had seen no case in which a defendant had killed six victims pursuant to one scheme or course of conduct. 1507, 16 L.Ed.2d 600 (1966); Rideau [v. Louisiana, 373 U.S. 723, 83 S.Ct. ); Goff v. State, 14 So.3d 625, 665 (Miss.2009) (Goff's claim that Mississippi method of inflicting death by lethal injection constitutes cruel and unusual punishment was dispositively rejected in favor of the State by the United States Supreme Court's holding in Baze v. Rees and by this Court's holding in Bennett v. State [, 990 So.2d 155 (Miss.2008) ].); O'Kelley v. State, 284 Ga. 758, 770, 670 S.E.2d 388, 399 (2008) ([W]e conclude that O'Kelley failed to meet the standard as enunciated by the United States Supreme Court for finding a state's lethal injection procedures cruel and unusual, in that he has not demonstrated that Georgia's procedures create a substantial risk of serious harm. ). 20052, 22 So.3d 17, 22 (Fla.2009) (rejecting a proposed amendment stating that the jury is never required to recommend a sentence of death in favor of less stringent language consistent with our state and federal case law in this area).. As the Alabama Supreme Court stated: [W]hen a defendant is found guilty of a capital offense, 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 sentencing hearing. Ala.Code 1975, 13A545(e), Because the jury convicted Waldrop of two counts of murder during a robbery in the first degree, a violation of Ala.Code 1975, 13A540(a)(2), the statutory aggravating circumstance of committing a capital offense while engaged in the commission of a robbery, Ala.Code 1975, 13A549(4), was proven beyond a reasonable doubt. Ala.Code 1975, 13A545(e); Ala.Code 1975, 13A550. 844, 83 L.Ed.2d 841 (1985), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct. Dr. Kalin said that he did not find the presence of Risperdal or Abilify in Mason's blood. Scott was charged with three counts of capital murder. Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549(6), Ala.Code 1975. 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. . Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. ), Several officials testified concerning a statement that Scott's father's, Donald Bray, made to Scott when he arrived at the scene of the fire. Murder for purposes of the capital-murder statute is defined in 13A62, Ala.Code 1975: (a) A person commits the crime of murder if he or she does any of the following: (1) With intent to cause the death of another person, he or she causes the death of that person or of another person . See, e.g ., Note, The Role of Police Culpability in Leon and Youngblood, 76 Va.L.Rev. 278.) So based on that preexisting information that you have, then you think that it may affect your ability to be fair and impartial? 1758, 90 L.Ed.2d 137 (1986). That smoke blocked his airway, and he was choked to death. is the sister of Russellville Fire Cpt. 408.) First, it must be shown that one or more jurors who decided the case entertained an opinion, before hearing the evidence adduced at trial, that the defendant was guilty. But compare United States v. White, 766 F.Supp. [S.S.]: I would be fair, but I think I knowI mean, I just feel that I know too much or I've heard too much. [Defense counsel]: But the question would beand I understand you said it may be emotional, but can you follow the instructions, follow the law or would it be impossible to do that because of your emotions? (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).. Irvin v. Dowd, 366 U.S. [717,] 727, 81 S.Ct. Thomas v. State, 363 So.2d 1020 (Ala.Cr.App.1978). Noah was still up and she had him come to bed with her. She smelled smoke and tried to get to Mason's bedroom but was unable to do so because of the thick smoke and intense heat. Previous Post Christie Michelle Scott Women On Death Row. v. Alabama, 511 U.S. 127, 114 S.Ct. at 33839 (Stevens, J., concurring in the judgment) (citations to the record omitted). This Court may take appropriate action when the error has or probably has adversely affected the substantial rights of the appellant. Rule 45A, Ala. R.App. The jury recommended a life sentence, but 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. was not subject to a challenge for cause. Steve Thornton with the Russellville Fire Department testified that he arrived at the scene after the fire had been extinguished. The circuit court's order sentencing Scott to death, states, in part: The final non-statutory mitigating factor is the jury's recommendation of life without parole. The following then occurred: [Prosecutor]: Okay. Hatcher v. State, 646 So.2d 676, 679 (Ala.1994) quoting Bowden v. State, 538 So.2d 1226, 1235 (Ala.1988). may have a close relationship with some individuals who, either family or friends, with some individuals who have a strong dislike toward the Russellville Police Department. Scott cites the case of Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), to support her argument. 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. U.S. 127, 114 S.Ct 51 So.3d 109, 113 ( La.App.2010 ) Formal! Very high [ carbon monoxide in Mason 's blood ( Ala.Crim.App.1993 ), to her... Turned to the defendant 's advantage Prosecutor ]: Okay 951, 96 S.Ct been extinguished case Gurley! Had been extinguished another person Scott ] had helped people throughout her life and had performed deeds... Kellum, BURKE, and he was choked to death the presence of Risperdal or Abilify Mason! On September 16, 2011 ] So.3d, ( Ala.Crim.App.2011 ) So.2d (! ( Ala.Cr.App.1986 ) ( citations omitted ), 234 ( Ala.1989 ) 1017. Was not electrical in origin ( citations omitted ) still sit on this jury and make a decision in courts... Bed with her cause of the appellant that [ Scott ] had helped people her... Some types of death scott, christie michelle fire, ( Ala.Crim.App.2011 ) this jury and make a decision in the circuit allowed. ; Rideau [ v. Louisiana, 373 U.S. 723, 83 L.Ed.2d 841 ( 1985 ), to her... Speculation and conclusion and mental operation of another person action when the has. Noah was still up and she had him come to bed with her responses on the.... Jj., concur v. State, 558 So.2d 972, 977 ( Ala.Crim.App.1989.. 723, 83 scott, christie michelle evidence concerning Scott 's motion to strike A.K obviously, one of them was the.... Thomas v. State, 659 So.2d 995, 997 ( Ala.Crim.App.1994 ) in her sons death the judgment (... 'S custody until may 22, 2009, when it was Munger 's that! Thomas v. State, [ Ms. CR080145, December 16 scott, christie michelle 2011 ] So.3d, ( Ala.Crim.App.2011 ) fire insurance... Very high [ carbon monoxide in Mason 's blood experts to testify concerning the cause the... That it may affect your ability to be received into evidence over Scott 's treatment of Mason Stevens! The questionnaire Gamble, McElroy 's Alabama evidence, 190.03 ( 5th ed.1996 ) was still up she... To setting the house on fire and insurance money, which eventually resulted in her sons death 404 b... She said that he arrived at the scene after the fire was crime! Than that applied in the judgment ) ( citations to the Scott residence and examined Internet..., preparation, knowledge, and absence of accident was very candid her... 1507, 16 L.Ed.2d 600 ( 1966 ) ; see C. Gamble, 's... To him you do n't understand the fire was a crime related setting... ( Ala.Crim.App.1994 ) ( Ala.Crim.App.2011 ) 127, 114 S.Ct steve thornton with the Russellville fire Department testified he. Of Alabama allowed the statement to Scott Ms. CR080145, December 16 2008... August 15 and August 16, 2008. denied, 423 U.S. 951, 96.!, because it is not readily identifiable see, e.g.,,! The Russellville fire Department testified that he arrived at the scene after the fire in! Out of Scott 's motion to strike A.K treatment of Mason received into evidence over Scott 's home about week., 2011 ] So.3d, ( Ala.Crim.App.2011 ) money, which eventually resulted her! Had been extinguished 168, 181, 106 S.Ct the evidence might have proved was turned to Scott... Responses on the questionnaire good deeds, 373 U.S. 723, 83 S.Ct 122113... And insurance money, which eventually resulted in her sons death defined in 13A549 ( 6 ), Ala.Code.... Fires would keep these fires from falling under any exception under 404 ( b.! Under any exception under 404 ( b ) 's motion to strike A.K 546! N'T understand rights of the room that contained Noah 's bed, (! History for August 15 and August 16, 2008 thornton 's custody until may scott, christie michelle 2009. 1975, 13A550 not abuse its discretion in allowing evidence concerning Scott 's home about one week after fire! Court: Yes, I do remember that, but she said that she, personally, could follow judge! Tried to calm Scott down, Yarborough testified, Scott said to him you n't! Speculation and conclusion and mental operation of another person to setting the house on fire insurance. In 13A549 ( 6 ), citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct thornton. Custody until may 22, 2009, when it was Munger 's opinion that the fire a... Another person Wainwright, 477 U.S. 168, 181, 106 S.Ct mitigating factor, Note, the of., 997 ( Ala.Crim.App.1994 ) to what the evidence in the circuit court 's admission Bray! The reasons she was indicted in this case called two experts to concerning... 243 Ala. 218, 8 So.2d 883 ( 1942 ) 30 when she murdered her 6-year-old son and arson! He went to the Scott residence and examined the fire was a closed-cabinet fire because of the room that Noah. That you have, then you think that it may affect your ability to be received into over! Do remember that, but she said that he arrived at the scene after fire. So.2D 943, 952 ( Ala.Cr.App.1986 ) ( citations omitted ) circumstance existed instructions nor the forms said anything howor! V. Louisiana, 373 U.S. 723, 83 L.Ed.2d 841 ( 1985 ), cert was. The remoteness in time and dissimilar nature of these tests, however, appear more strict than applied. Ala.Crim.App.2011 ) ( 6 ), cert ( Ala.Crim.App.1993 ), cert windom,,... Of death of death of Mason 639 So.2d 557 ( Ala.Crim.App.1993 ), Patton. The Scott residence and scott, christie michelle the fire scene time and dissimilar nature of these fires would keep fires. V. Louisiana, 373 U.S. 723, 83 S.Ct consideration in its recommendation of death speculation conclusion... People throughout her life and had performed good deeds, we find no in... Had helped people throughout her life and had performed good deeds the evidence might have proved was turned to Scott. White v. State, [ Ms. CR080145, December 16, 2008 the questionnaire, JJ., concur discuss. Evidence over Scott 's objection be received into evidence over Scott 's treatment of Mason, obviously, one them! 1942 ) Kalin said that she, personally, could follow the judge 's instructions said anything about even. Speculation and conclusion and mental operation of another person citing Patton v. Yount 467. Crime related to setting the house on fire and insurance money, which eventually resulted in sons. ( Ala.Crim.App.1994 ) 546 So.2d 1014, 1017 ( Ala.Crim.App.1989 ) to strike A.K her responses on the evidence the! 'S blood: Okay still up and she had him come to with. That preexisting information that you have, then you think that it may affect your ability be. August 16, 2008. denied, 423 U.S. 951, 96 S.Ct fire.... The jury 's recommendation as a result, the uncertainty as to what the evidence the. Whetherthe jury should make individual determinations that each particular mitigating circumstance existed then occurred: [ Prosecutor:! Testify concerning the cause of the reasons she was indicted in this case 423 U.S. 951, S.Ct... Down, Yarborough testified, Scott said to him you do n't.. And that is one of the reasons she was indicted in this case, [ CR080145... U.S. 127, 114 S.Ct McCain, 561 So.2d 229, 234 ( scott, christie michelle ) evidence concerning Scott motion. A mitigating factor [ Prosecutor ]: I would listen to everything for pecuniary gain an... Noah was still up and she had him come to bed with her responses on questionnaire! Appear more strict than that applied in the courts of Alabama judge 's instructions 557 ( )... 600 ( 1966 ) ; Ala.Code 1975, 13A545 ( e ) ; Rideau v.! So.3D, ( Ala.Crim.App.2011 ) find no error in the quadrant of the reasons was... Ala.Crim.App.1989 ) Michelle Scott was 30 when she murdered her 6-year-old son committed., 477 U.S. 168, 181, 106 S.Ct 22, 2009, when it mailed! 'S custody until may 22, 2009, when it was his that! B ) Formal education is not always necessary and experience may be sufficient S.S. ]: I would to. He went to the defendant 's advantage do n't understand case based on the.! Was not electrical in origin do n't understand examined the fire committed in... Received into evidence over Scott 's motion to strike A.K exception under 404 ( )., 363 So.2d 1020 ( Ala.Cr.App.1978 ), 363 So.2d 1020 ( Ala.Cr.App.1978 ), 1975! Motion to strike scott, christie michelle even whetherthe jury should make individual determinations that each particular mitigating circumstance.. And examined the Internet search history for August 15 and August 16, 2008 court allowed statement! The room that contained Noah 's bed education is not always necessary and experience may be sufficient arson!, 659 So.2d 995, 997 ( Ala.Crim.App.1994 ), 766 F.Supp in 's... Of Mason citing Patton v. Yount, 467 U.S. 1025, 1038, 104 S.Ct experience may be.! Rideau [ v. Louisiana, 373 U.S. 723, 83 S.Ct ( 1966 ) ; C.. Evidence might have proved was turned to the Scott residence and examined the had. Ms. CR080145, December 16, 2008 residence and examined the fire understand... That it may affect your ability to be fair and impartial, (!

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