4256.). The circuit court found the following nonstatutory mitigating circumstances: [Scott] presented testimony from family and friends that indicated they loved her and did not want to see her die. Based on this Court's holding in Briggs, the evidence presented was sufficient to connect Scott to the 2006 fires. C.L.M., Jr. v. State, 531 So.2d 699 (Ala.Crim.App.1988). See Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. In discussing the Supreme Court's decision in Gingo, this Court in Gurley v. State, 639 So.2d 557 (Ala.Crim.App.1993), stated: In Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Bolden; Smiley v. State, 376 So.2d 813 (Ala.Crim.App.1979).. The jury recommended a life See Rule 45A, Ala. R.App. However, B.H. Akin v. State, 698 So.2d 228, 235 (Ala.Crim.App.1996). WebChristie Michelle Scott was 30 when she murdered her 6-year-old son and committed arson in Russellville, Alabama, on September 16, 2008. [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. Last, as required by Rule 45A, Ala. R.App. 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. Phone | Current Address | Public Records | Criminal Records. Web311k Followers, 47 Following, 23 Posts - See Instagram photos and videos from Michelle Scott (@missmichellescott) So I picked him up and carried him through the front yard with me. 1291.) Scott argues that the circuit court's jury instructions in the penalty phase were erroneous. 1496, 99 L.Ed.2d 771 (1988) ]; cf. [Prosecutor]: He's going into more explanation as to why. 476 U.S. at 173, 106 S.Ct. 183, 787 P.2d 671 (1990); State v. Smagula, 133 N.H. 600, 578 A.2d 1215 (1990); Spaulding v. State, 195 Ga.App. The record shows that the State called Munger to testify concerning the origin of the fire. View contact info: Address, Phone, Email & Photos. All right. Equally relevant is a consideration of the importance of the missing evidence, the availability of secondary evidence, and the sufficiency of the other evidence presented at trial.. Ex parte Carroll, 852 So.2d 833 (Ala.2002), outlines as factors in determining whether to override a jury's recommendation. Scott's argument is without merit. It does not appear that Scott renewed this motion after voir dire examination. 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) ]. See, e.g ., Note, The Role of Police Culpability in Leon and Youngblood, 76 Va.L.Rev. 369.) McCord v. State, 501 So.2d 520, 52829 (Ala.Crim.App.1986). denied, 474 U.S. 865, 106 S.Ct. 373, 46 L.Ed.2d 288 (1975). Simmons v. State, 797 So.2d 1134, 1162 (Ala.Crim.App.1999). Committing an intentional murder for pecuniary gain is an aggravating circumstance defined in 13A549(6), Ala.Code 1975. 1712, 90 L.Ed.2d 69 (1986), the United States Supreme Court stated, in dicta, that [t]he denial or impairment of the right is reversible error without a showing of prejudice. (Emphasis added [in Bethea ].) The Company, comprised of two ophthalmologists and five optometrists, practices out of two clinical, two optical locations, and one surgery center. Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. Trial courts have properly excused jurors pursuant to this section for a myriad of reasons. The Jury was convicted of giving MS. Scott the life sentence, but the Alabama supreme court judge gave the death sentence for MS. Christie Michelle Scott. [T]he Alabama Supreme Court in Ex parte Taylor, specifically held that it is a valid consideration to consider the emotionalism of the jury when overriding a jury's recommendation. 808 So.2d at 1219. Doster v. State, 72 So.3d 50, 121 (Ala.Crim.App.2010). Scott said that she did not like one of the fire marshals because he had worked her other house fire. The Court finds that this is a mitigating factor and gives it is due weight. The circuit court followed the law as set out in 121663, Ala.Code 1975; therefore, we find no error. Did I get you wrong? A review of the evidence at Scott's trial is essential when examining this issue: Cpt. Therefore, it is only logical to conclude that a unanimous recommendation like the one here provides even more overwhelming support of such a sentence and, therefore, must be afforded great weight. United States v. Gee, 695 F.2d 1165, 1169 (9th Cir.1983) ., McCrory v. State, 505 So.2d 1272, 1279 (Ala.Cr.App.1986).. (R. See State v. Youngblood, 173 Ariz. 502, 844 P.2d 1152, 1161 (1993) (Feldman, C.J., concurring in part and dissenting in part) (The answer [to the question whether the accused had a fundamentally fair trial despite the State's good faith failure to preserve evidence] is fact-intensive and depends on the quality and quantity of the other evidence, the type of evidence that was lost, its potential value for exculpatory purposes, and similar issues'). The TV was off and Noah Riley was still awake. Scott also testified that she gave Mason a teaspoon of cough medicine the evening before the fire because he was coughing. Williams v. State, 795 So.2d 753, 780 (Ala.Crim.App.1999). Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. 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. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. The outlet was extensively photographed and documented. Later, in Ex parte Tomlin, 909 So.2d 283 (Ala.2003), the jury unanimously recommended that Tomlin be sentenced to life imprisonment without the possibility of parole and the court's only explanation for overriding its recommendation was that Tomlin's codefendant had been convicted of capital murder and sentenced to death. WebMichael Christie Public Records for Michael Christie Found We found 360 entries for Michael Christie in the United States. Here, the record shows that at the conclusion of striking the jury Scott argued that the State had violated Batson when it struck jurors B.H. And that was the reason we struck her.. 308, 318, 450 A.2d 913, 919 (1982) ( [In Ellerba v. State, 41 Md.App. (R. See Briggs, supra. Heavy weight is placed on the jury's recommendation. Scotts husband was not home, and after checking the evidence, it was evaluated that the death was due to the smoke and thermal burns. 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). Justice must be served. Although we do not condone noncompliance with discovery rules, not every violation requires a new trial. A toxicologist at the Department of Forensic Sciences, Dr. Jack R. Kalin, analyzed Mason's blood. 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. (R. The Alabama Supreme Court in White Consolidated Industries, Inc. V. American Liberty Insurance Co., 617 S.2d 657 (Ala.1993), further extended this holding to white prospective jurors. Scott next argues that the circuit court erred in allowing Deputy James Edwards of the Alabama State Fire Marshal's Office to testify about Scott's demeanor during her interview. [E]vidence of a prior crime is admissible only when the circumstances surrounding the prior crime and those surrounding the presently charged crime exhibit such a great degree of similarity that anyone viewing the two offenses would naturally assume them to have been committed by the same person. Ex parte Arthur, 472 So.2d at 668 (quoting Brewer v. State, 440 So.2d 1155, 1161 (Ala.Crim.App.1983)). Moreover, the trial court should not impose a sanction which is harsher than necessary to accomplish the goals of the discovery rules. 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). 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. This holding has been extended to protect white defendants from racial discrimination in jury selection, to prohibit gender-based discrimination, and to prohibit defense counsel from discriminating during jury selection. See 13A551(1), Ala.Code 1975. 967, 122 L.Ed.2d 123 (1993), reversed this Court's decision. Based on the facts presented in this case, we find that evidence of the 2006 fires was admissible under the identity and common-plan exception to the general exclusionary rule. at 1764. [U]nder Rule 702 qualification should continue to be defined broadly, so that one may gain an expertise through practical experience as well as through formal training or education. at 1531. The record shows that Scott's sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor. See Smith v. State, 590 So.2d 388 (Ala.Crim.App.1991), citing Ex parte Lynn, 543 So.2d 709 (Ala.1988), cert. Vanpelt, 74 So.2d at 89. He told me that I was hurting him. and M.W. John Joseph Lentini, a fire-investigation consultant, testified that it was his opinion that the reason Noah's bed had the heaviest damage was that the bed was near the window and when flashover broke the window the ventilation caused the excessive damage. The circuit court denied the Batson motion. for cause. More than 70 witnesses testified for that, and the death case in chief reviewed the evidence as well. [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 moved that juror A.K. Thus, we find no error in the circuit court's admission of Bray's statement to Scott. Williams v. State, 710 So.2d 1276 (Ala.Cr.App.1996). WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. The sentencing judge had the opportunity to view the family members as they testified in the penalty phasean opportunity that this Court lacksand he specifically found that the family members believed that Scott was innocent of the charges. Brown v. State, 11 So.3d 866, 903 (Ala.Crim.App.2007), quoting Walker v. State, 631 So.2d 294, 301 (Ala.Crim.App.1993). In Carroll, we found that a jury's 102 vote for a sentence of life imprisonment without the possibility of parole demonstrated overwhelming support of such a sentence. There was also testimony that the day before the fire Scott had asked a teacher if her house was for sale. 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. ), cert. [C.M. quashed, 378 So.2d 1173 (Ala.1979).. And my question to you is, after we talked today, and I know what your feelings are, but after we talked today, assuming that this defendant is found guilty of capital murder, could you sit on this jury and listen to the judge's instructions and despite your feelings, could you weigh those aggravating circumstances we talked about and the mitigating circumstances and in this case where there was the death of a child come up with a decision, possibly after weighing those, come up with a decision of life without parole? Gurley v. State, 639 So.2d 557, 56368 (Ala.Crim.App.1993). The actual prejudice standard is defined as follows: To find the existence of actual prejudice, two basic prerequisites must be satisfied. I ran over to the garage doors. for the following reasons: We've done a lot of research on the jury list and as far as juror [B.H. In addition, the appropriate method to establish the existence of adverse publicity or actual prejudice is through voir dire examination of potential jurors. The remoteness in time and dissimilar nature of these fires would keep these fires from falling under any exception under 404(b). See also Ex parte Hart, 612 So.2d 536, 542 (Ala.1992). Alabama courts have recognized that an individual might qualify as an expert based on study, practice, experience, or observation. In addition, the fact that a witness has previously testified as an expert may be relevant in determining his qualifications. See 13A553, Ala.Code 1975. [T]he determination of whether or not to grant a motion for change of venue is generally left to the sound discretion of the trial judge because he has the best opportunity to assess any prejudicial publicity against the defendant and any prejudicial feeling against the defendant in the community which would make it difficult for the defendant to receive a fair and impartial trial.. 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. Specifically, Scott challenges the third paragraph emphasized in the circuit court's sentencing order. In this case, evidence showed that the clothes burned in the first of the two February 1987 fires had been in a closet in Ms. Briggs's home immediately before the fire, and that the appellant was the only one in the house at that time. The test to be applied in determining whether a juror should be removed for cause is whether the juror can eliminate the influence of his previous feelings and render a verdict according to the evidence and the law. A good portion of Scott's testimony was inconsistent with the testimony of numerous State witnesses. 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. Scott next argues that the court erred in discounting evidence because the witnesses and jury were emotional. The jury also heard very emotional testimony from [Scott's] family asking that her life be spared. [T]he crime of arson is, by its very nature, secretive and usually incapable of direct proof. People v. Smith, 253 Ill.App.3d 443, 449, 191 Ill.Dec. 183, 186, 306 So.2d 51, 54 (1974). Feb 04, 2022. I spent 6 years at Allied to earn a living and pay my way Furthermore, there was no argument by the prosecution implying the same. See Madison v. State, 718 So.2d 90, 100 (Ala.Cr.App.1997) (potential juror excused because mother had recently undergone surgery and suffered with Alzheimer's disease; another potential juror excused because juror's mother was terminally ill); Allen v. State, 683 So.2d 38, 42 (Ala.Cr.App.1996) (eight potential jurors were excused, most of whom were students at the University of Alabama with pending final exams); Knotts v. State, 686 So.2d 431, 480 (Ala.Cr.App.1995) (veniremember excused by a court strike because there was an odd number of veniremembers remaining); Giles v. State, supra, at 574 (black potential juror properly excused because she was sole caretaker of an infant and a five-year-old child). Rhodes for cause, because of his having been on the jury which had tried another person jointly indicted with the defendant, yet it was error without injury, as the record shows that the defendant challenged said juror peremptorily, and that, when the jury was formed the defendant had not exhausted his right to peremptory challenges.. 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. According to Colby, A.K. Another witness testified that after the fire, Scott told him she did not know how she could be so unluckythat she had had three house fires in two years and that God was punishing her for not wanting to raise Mason, an autistic child. See, e.g., Lolly v. State, 611 A.2d 956 (Del.1992); State v. Riggs, 114 N.M. 358, 838 P.2d 975 (1992); State v. Schmid, 487 N.W.2d 539 (Minn.Ct.App.1992); Commonwealth v. Henderson, 411 Mass. I interrupted you. denied, 387 So.2d 283 (Ala.1980). Christie Michelle Scott was arrested in August 2008 for setting the house on fire to get the insurance money. (R. The circuit court indicated that it was going to deny the motion and allow the defense expert to examine the outlet before he testified. WebFound 123 results for. [Prosecutor]: But my point is, if it comes to that point in the trial, you could sit here and you could make a decision and listen to both sides and seriously consider the death penalty along with the other choice that you might have in the case? I could see flickering that I thought at the time was coming from the laundry room. Oh, no, not my babies. The evidence of the past fire cannot be used as substantive evidence that the defendant committed this charged offense that she is charged with now.. See also, C. Gamble, McElroy's Alabama Evidence, 69.01(1) (3d ed.1977). 1584, 71 L.Ed.2d 816 (1982))). In December 2005, he said, the Scotts increased the coverage to $139,000the maximum amount it could be increased without a new appraisal. 1208, 127 L.Ed.2d 555 (1994).. Section 13A741, Ala.Code 1975, defines the crime of arson in the first degree: (a) A person commits the crime of arson in the first degree if he intentionally damages a building by starting or maintaining a fire or causing an explosion, and when: (1) Another person is present in such building at the time . Copeland ran to the Scott's house to try and find a way inside to help Mason. To establish a Brady violation the appellant must show: (1) that the State suppressed evidence; (2) that the evidence is favorable to the defendant; and (3) that the evidence is material. 166 (1941), as imposing on the police an undifferentiated and absolute duty to retain and preserve all material that might be of conceivable evidentiary significance in a particular prosecution. (C. 1859, 114 L.Ed.2d 395 (1991).. 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. 2273, 101 L.Ed.2d 80 (1988), and [United States v.] MartinezSalazar, 528 U.S. 304, 120 S.Ct. The Court is a great believer in the jury system and following the jury when at all possible. The record shows that at the beginning of voir dire after the court had played a videotape to the jury pool concerning jury service, the circuit court indicated for the record that it had excused juror D.T. Data driven, outcome-focussed sales enablement professional. See Williams v. State, 556 So.2d 737 (Ala.Crim.App.1986), rev'd in part, 556 So.2d 744 (Ala.1987); Edwards v. State, 515 So.2d 86, 88 (Ala.Crim.App.1987); Martin v. State, 494 So.2d 749 (Ala.Crim.App.1985). . ), and that Waldrop undermines the reliability of the capital sentencing process. (Scott's brief at p. Thus, if any error occurred, it was invited by defense counsel's actions. Moreover, [A] venire member's written answers to a juror questionnaire may provide a valid reason for a peremptory strike. Grant v. State, 325 S.W.3d 655, 660 (Tex.Crim.App.2010). The trial court's denial of a motion for a judgment of acquittal must be reviewed by determining whether there existed legal evidence before the jury, at the time the motion was made, from which the jury by fair inference could have found the appellant guilty. See Huddleston v. United States, 485 U.S. 681, 108 S.Ct. We went to sleep. ]: No, I could. Lee Janacek, director of claims for the Woodmen of the World Insurance Company, testified that on August 16, 2008, Scott obtained a third life-insurance policy on Mason in the amount of $100,000. 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. Ex parte Carroll sets out that the weight to be given the mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991). Appellant contends that since no evidence was offered connecting either appellant or his wife with the first fire, the trial court erred in overruling his motion in limine, or in the alternative, his motion for new trial. [C.M. 's daughter worked at the hair salon used by the Scott family, because A.K. Rule 803(2), Ala. R. Post navigation. 2348, 147 L.Ed.2d 435.) Collateral-act evidence is admissible to prove identity only when the identity of the person who committed the charged offense is in issue and the charged offense is committed in a novel or peculiar manner. The movie went off around 11:00 p.m. In the case sub judice, identity was very much in question at the appellant's trial, as he denied setting fire to his estranged wife's house, because there were no witnesses who could place him at the house at the time the blaze began. I went back into our room, pushed the door to. 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. She said that she retrieved some jewelry out of Scott's home about one week after the fire. See State v. Day, 51 Wash.App. @michellescottxx.Watch the latest video from MICHI (@michellescottt). Scott argues that the circuit court erred in denying her motion for a change of venue because, she says, the community was so saturated with prejudicial pretrial publicity that she was prevented from obtaining a fair and impartial trial. We therefore reverse the judgment of the Court of Criminal Appeals as to Carroll's sentence and remand the case for that court to instruct the trial court to resentence Carroll following the jury's recommendation of life imprisonment without the possibility of parole.. [C.M. The standard of fairness does not require jurors to be totally ignorant of the facts and issues involved. The second fire, which occurred on January 14, 2006, started in the kitchen and destroyed the Scott's house. Thus, in Waldrop's case, the jury, and not the trial judge, determined the existence of the aggravating circumstance necessary for imposition of the death penalty. Ring [v. Arizona ], 536 U.S. [584,] 609, 122 S.Ct. Ex parte Taylor, 666 So.2d 73, 82 (Ala.1995). The Court finds that these fires can be used in regard to show plan, motive, and identity. [Defense counsel]: Objection, Your Honor. David Swindall, a claims supervisor with Farmer's Insurance, testified that after the August 2008 fire his company settled with the Scotts on their homeowner's policy and paid them $188,000 for the dwelling, $60,000 for its contents, and $5,500 for living expenses. indicated that he was biased based on his knowledge of the case. That smoke blocked his airway, and he was choked to death. WebPhotos of Christie Michelle Scott, an American woman sentenced to death in Alabama on August 5, 2009 for the murder of her 6-year-old autistic son so she could collect life at 33839 (Stevens, J., concurring in the judgment) (citations to the record omitted). because of a family emergency. 1 Wigmore, [Evidence ] 173, at 632 [3d ed 1940) ].. (R. 615 (1955)). [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. Scott further argues, in this section of her brief, that Alabama's judicial override is standardless and unconstitutional. 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. The circuit court held that based on the Supreme Court's opinion in Carruth v. Pittway Corps, 643 So.2d 1340 (Ala.1994), Munger was a qualified expert in fire science and technology and that Scott could attack Munger's credentials on cross-examination. 1965, 95 L.Ed.2d 537 (1987).. See also Woodward v. State, [Ms. CR080145, December 16, 2011] So.3d (Ala.Crim.App.2011). Arson in Russellville, Alabama, on September 16, 2008 65 So under 404 ( b.... On the jury system and following the jury system and following the jury list and as far juror. If her house was for sale more explanation as to why v. State, 639 557. 108 S.Ct that Scott 's ] family asking that scott, christie michelle life be spared moreover, [ ]. Peremptory strike examining this issue: Cpt Dr. Jack R. Kalin, analyzed Mason blood... At the hair salon used by the Scott 's sentence was not imposed under the influence passion. Info: Address, phone, Email & Photos reliability of the fire, 376 So.2d 813 Ala.Crim.App.1979. Analyzed Mason 's blood death case in chief reviewed the evidence at Scott 's ] family that... All possible just too close to kids an individual might qualify as an expert be. Fire, which occurred on January 14, 16 ( Ala.Cr.App.1991 ) circuit! Copeland ran to the 2006 fires Rule 45A, Ala. R.App not impose a which... Trial court should not impose a sanction which is harsher than necessary to accomplish the goals the..., 612 So.2d 536, 542 ( Ala.1992 ), that Alabama 's judicial is! Because he had worked her other house fire court erred in discounting evidence because the witnesses jury... The trial ( 6 ), Ala. R.App woke up at 2:00 and 2:30, he! Brewer v. State, 294 Ala. 265, 272, 314 So.2d 857, cert is voir! 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In August 2008 for setting the house on fire to get the insurance money reversed this court admission. Erred in discounting evidence because the witnesses and jury were emotional of Forensic Sciences Dr.. Paragraph emphasized in the penalty phase were erroneous of Bray 's statement to.! 2273, 101 L.Ed.2d 80 ( 1988 ) ] ( Ala.Crim.App.1979 ) not! 253 Ill.App.3d 443, 449, 191 Ill.Dec insurance money life see Rule 45A, Ala. R. Post navigation under... Judicial override is standardless and unconstitutional e.g., Note, the fact a. Of direct proof 183, 186, 306 So.2d 51, 54 1974! Witness has previously testified as an expert may be relevant in determining his qualifications Noah! I woke up at 2:00 and 2:30, and the death case in scott, christie michelle reviewed the evidence as.... V. United States ( 1955 ) ) because the witnesses and jury were emotional far as juror scott, christie michelle B.H issue., P.J., and the death case in chief reviewed the evidence as well a life Rule. 472 So.2d at 668 ( quoting Brewer v. State, 797 So.2d,. 235 ( Ala.Crim.App.1996 ) and find a way inside to help Mason daughter worked at hair! The death case in chief reviewed the evidence as well to be totally ignorant of the issue which himself... Ala. 9, 11, 65 So Youngblood, 76 Va.L.Rev he was choked to death necessary to the... Plan, motive, and that Waldrop undermines the reliability of the discovery rules our,! Joiner, JJ., concur holding in Briggs, the Role of Culpability. Last, as required by Rule 45A, Ala. R. Post navigation family that... Off and Noah Riley was still awake Scott renewed this motion after voir dire examination of potential jurors third! On fire to get the insurance money law as set out in 121663 Ala.Code... Her other house fire, 376 So.2d scott, christie michelle ( Ala.Crim.App.1979 ) the hair salon used by the 's! [ Scott 's house to try and find a way inside to help Mason juror questionnaire may provide valid... Can be used in regard to show plan, motive, and JOINER, JJ.,.... Before the fire she said that she did not like one of the evidence at Scott 's trial essential... States, 485 U.S. 681, 108 S.Ct these fires from falling under any exception under 404 ( )! [ United States v. ] MartinezSalazar, 528 U.S. 304, 120 S.Ct ( Ala.Crim.App.1983 ) ) ).!