The jury, by a vote of 10 to 2, recommended that Graham be sentenced to death. Accordingly, for the reasons stated in Bohannon, there is no plain error in the circuit court's failure to sua sponte give a limiting instruction on use of the prior-bad-acts evidence. Graham had presented evidence indicating that she was on medication for depression and anxiety and that one of the drugs she was taking is a controlled substance. App. Billy Graham, appearing before . There was evidence indicating that the gun was given to Thompson for him to clean. (C. State v. Powers, 654 N.W.2d at 679. It is clear that the circuit court did not instruct the jury that they could convict Graham of capital murder even if she did not have the specific intent to kill Shea. 280-301.). We further stated: Based on this Court's holding in Haney, this aggravating circumstance was correctly applied after the jury found beyond a reasonable doubt, in the guilt phase, that Graham was guilty of violating 13A-5-40(a)(7), Ala. Code 1975. 2948.) See Rule 45A, Ala. R. App. App. App. When reviewing a prosecutor's challenged remarks made in closing, we keep in mind the following: Coral v. State, 628 So.2d 954, 985 (Ala. Crim. We stated: 584 So. (C. "); State v. Stewart, 729 S.W.2d 246, 247 (Mo. Cunningham testified: "I heard a conversation between Mr. Walton and Ms. Graham talking about how to kill Shea Graham, what they needed to do, what would be the best clean up of that, how fast it would be, and how easy they would be able to get it done." "Former acts of hostility or cruelty by the accused upon the victim are very commonly the basis for the prosecution's proof that the accused had a motive to commit the charged homicide." Greene was reported to have fallen asleep in court multiple times. Stephanie Graham's Tweets. At the time of his death, he had been going through a divorce from his wife of 10 years. (R. Evid., and the Supreme Court's holding in Ex parte Boone, 228 So.3d 993 (Ala. 2016). App. 1131.) Sheriff Taylor never answered the now-challenged question. In fact, Boone does not address the issue of remoteness as that term applies to Rule 404(b). The record shows that the jury returned with the following question: "Please explain the fourth element of capital murder charge in more detail." Opening Title Production company Cast and crew Ref. 679 following. 1995). Thereafter, Judge Greene was granted a leave of absence for medical reasons. The intervening mistrial impacts the starting date for examining the Barker v. Wingo factors. 1303.) 1993). E.P. was compounded because, she says, the court did not give a limiting instruction on the use of the evidence. 2535.). However, she said that she thought that Walton was going to use the gun to kill her husband's girlfriend Ieisha Hodge. How fitting! v. Alabama, 511 U.S. 127, 114 S.Ct. 2015). 3549-50.) App. Stephen Hemilburger also testified that Graham had offered him $5,000 to kill Shea. Other states have reached this same conclusion. The United States Supreme Court in Atkins v. Virginia held that it is unconstitutional to sentence an intellectually disabled individual to death.20 In Hall v. Florida the United State Supreme Court held that "a State cannot refuse to entertain other evidence of intellectual disability when a defendant has an IQ score above 70." However, the question is not whether a third party was present with Graham and her husband but whether Graham had any expectation of privacy in the conversation she had with her husband. (R. "An invocation must be clear and unambiguous; the mere mention of the word `attorney' or `lawyer' without more, does not automatically invoke the right to counsel." He retired in December that year, and died just weeks later in January 2013. Her lawyers have since lodged another appeal for a retrial, but for the time being Graham becomes Alabama's fifth woman on death row. After Goodrich left the interview room, Sgt. App. We hold that, under the circumstances presented here, appellant's statement was not a clear and unambiguous request for counsel." 1991). $599. Ct. 1998) (footnotes omitted). Also, the fact that Walton had received no benefit before the murder did not negate the application of 13A-5-40(a)(7). Based on long-established caselaw there was no error in the court's reference to the jury's verdict in the penalty phase as a recommendation. Wright v. State, 279 Ala. 543, 550-51, 188 So.2d 272, 279 (1966). 3991.) Graham also argues that the following argument was erroneous: "That cell phone [Graham's cellular telephone] has never been found in this whole investigation. Graham did not object to this testimony; therefore, we are limited to determining whether there is plain error. A Texas Court of Appeals in Molina v. State, 450 S.W.3d 540, 547 (Tex. Tamara gives an update on the Anna Delvey (aka Anna Sorokin) case. This holding was extended to white defendants in Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 824, 54 L.Ed.2d 717 (1978)(footnotes omitted). 1111.) Here, no Atkins hearing was held because Graham never challenged her intellectual functioning. 2673-74.) App. 2003), this Court, relying on Nickerson, held that, when evaluating a speedy-trial claim after a mistrial, the relevant starting date is the date of the declaration of the mistrial. Includes Address (12) Phone (6) Email (3) See Results. 3,647 posts. 2d at 6-7 (footnotes omitted). )). Left to die alone like an animal: Parents who left 23-stone disabled daughter to die in her own filth are Holiday home owners in Scotland face new SNP tax hike under plans from front-runner to be new First Scotland should just self-identify as an independent country, one SNP member proposed. Walton testified that, while police were questioning him, he suggested that he telephone Graham so the police could monitor the call. Walton." The record shows that in May 2013 Graham moved that the charges against her be dismissed based on double-jeopardy grounds. P. The Alabama Supreme Court in Johnson v. State, 120 So.3d 1119 (Ala. 2006), held that when prior bad acts are introduced as substantive evidence of guilt there is no plain error when a court fails to sua sponte give a limiting instruction on the use of that evidence. Known for. When considering the application of 13A-5-51(5), Ala. Code 1975, or whether Graham was under the influence of extreme mental or emotional disturbance at the time of the offense, the circuit court stated: The circuit court's order clearly shows that it complied with Lockett and considered all evidence that had been presented in mitigation. Specifically, Graham challenges the following argument made in the prosecutor's rebuttal: "It is improper for a prosecutor to `seek justice beyond the parameters of the case.'" (Graham's brief at p. (R. In Graham's first trial, the circuit court granted Graham's motion to suppress because, it ruled, the conversation was protected by marital privilege.4 However, in the second trial the circuit court denied Graham's motion to suppress after finding that Graham knew that her conversation with her husband was being recorded; therefore, the court concluded, the conversation was not a confidential marital communication. 2644.) We further stated: In discussing the sufficiency of the evidence to sustain a conviction, this Court has stated: Ex parte Woodall, 730 So.2d 652, 658 (Ala. 1998). Lisa Graham, from Russell County, was convicted of ordering the death of her 20-year-old daughter Stephanie 'Shae' Graham back in March, but her sentencing was delayed for a medical report. Listed below are those cases in which this Featured Case is cited. Graham asserts that Hodge was her husband's "suspected lover.". Graham was convicted of coaxing longtime family acquaintance, Kenneth Walton, to kill her 20-year-old daughter who went by Shea. App. Graham next argues that the circuit court failed to instruct the jury that Graham had to have the specific intent to kill Shea before she could be convicted of capital murder. Police say in July 2007 Lisa Graham hired Kenneth Walton to kill her daughter who had become an "inconvenience." That "inconvenience" involved many issues the mother had with her daughter, witnesses said: Shea Graham was using drugs; she was working as a stripper and possibly as a prostitute; she had dropped out of college; and she'd been charged with assault in a drive-by shooting in . App. more. Here, at the beginning of the jury instructions, the court read the indictment to the jury. Our holding in Arthur has no application to the facts of this case because it did not involve a ruling on an extraordinary petition and a subsequent direct appeal involving the same issue in the same case. Kevin indicated at one point that Walton killed Shea to get back at them after they had fired Walton. The Supreme Court in Phillips also held that the circuit court's instructions were not an amendment to the indictment. Graham next argues that the circuit court erred in allowing her conversation with her husband to be admitted into evidence because, she says, the conversation was a privileged conversation between a husband and wife. App. This case's tragedy is that Walton was hired to do the dirty work by the victim's own mother, Lisa Graham. 1996). The Alabama Supreme Court in Boone held that evidence of the defendant's gang membership was not admissible under Rule 404(b), because there was no evidence that the murder the defendant was accused of committing had been gang affiliated. Crim. indicated that she was a good friend of Sheriff Heath Taylor and would place great weight on his testimony because she knew him to be truthful. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). (R. Stephanie M. Graham. Conspiracy of silence': British spy chiefs face calls to release intelligence on Covid origins after FBI Lisa Graham sentenced to death for hiring man to kill her daughter | Columbus Ledger-Enquirer, Do not sell or share my personal information. (R. 1993) (footnote omitted). Ct. App. "The fact that a defendant is in pain or taking pain medication does not, in and of itself, render any statement made involuntary." (R. The State used 12 or its strikes to remove African-American prospective jurors and 3 of its strikes to remove white prospective jurors.8 Defense counsel used 14 of its strikes to remove white prospective jurors and used its last strike to remove an African-American prospective juror. State v. Marquardt, 243 Mont. Rod Costello. "The reasons for this rule is that such evidence is hearsay and is inadmissible unless an exception can be found." Second, Thompson testified in Graham's first trial and was subjected to cross-examination, and his testimony was admitted into evidence at Graham's second trial. Indeed, the Alabama Supreme Court in Ex parte Shelton, 814 So.2d 251 (Ala. 2001), specifically held that the previous denial of a mandamus petition raising the same issue does not invoke the law-of-the-case doctrine. The Zestimate for this house is $319,000, which has increased by $6,897 in the last 30 days. App. At this hearing, Sheriff Heath Taylor testified that on July 6, 2007, he met with Graham and her husband to inform them that their daughter's body had been discovered and that their daughter had been murdered. Marcum v. State, 39 Ala. App. 2000). App. App. The Phillips Court instructed the jury that the defendant had to have the specific intent to kill only the mother, and not the baby, to be convicted of capital murder. Here, the record shows that Vasquez testified that she grew up with Shea and that they were best friends and spent a lot of time together before she went into foster care at 12 years of age. After this argument was made, defense counsel then stated: (R. Graham answered: "Because they're recording everything we're saying." App. Graham objected that the testimony was not relevant, but on appeal Graham argues that the evidence was elicited to bolster Cunningham's credibility. But see Ex parte Colby, 41 So.3d 1 (Ala. 2009); General Motors Corp. v. Jernigan, 883 So.2d 646 (Ala. 2003) (harmless-error analysis does not apply when the circuit court erroneously denies challenges for cause of multiple jurors). Moments later, the following occurred: "Unlike the right to counsel under the Sixth Amendment, which attaches automatically, the Fifth Amendment right to counsel will attach only when affirmatively invoked by the accused." could be reconciled with the public interest in obtaining the adjudication of guilt or innocence." When officers questioned Graham she claimed not to know where the pistol was, before her husband helpfully mentioned that an elderly neighbor was cleaning it. "`Jury instructions need not specifically define `[t]erms of common usage and meaning.'" Immediately before the interview, Kevin Graham, Graham's husband, asked if he could speak with Graham because, he said, he could get her to tell the truth about her involvement in their daughter's death. Bigham v. State, 23 So.3d 1174, 1177 (Ala. Crim. STEPHEN 'What sentimental tosh!' 2945-47.) Immediately after the above exchange, defense counsel moved that E.P. There was sufficient evidence for the jury to conclude, beyond a reasonable doubt, that Graham had "hired" Walton to kill Shea and that Walton had expected some remuneration in return. For these reasons, we find no plain error. Lisa Graham, the Russell County woman convicted in the murder-for-hire death of her daughter in 2007, will be the subject of a national murder TV show. App. The State argues that any error was invited by Graham's actions and is waived because it does not rise to the level of plain error. Now find out how he got there. 1990). Specifically, Graham argues that it was error for the circuit court not to find Graham's borderline mental functioning as a mitigating circumstance. Snyder v. State, 893 So.2d 488, 518 (Ala. Crim. However, E.P. The State asserts that this testimony was not hearsay pursuant to Rule 801(d)(1)(B), Ala. R. The circuit court allowed the conversation to be admitted after it found clear indications that the privilege had been waived because, it found, the Grahams were both aware that their conversation was being recorded. Graham told him to put it where he had "gotten it." "`While Lockett and its progeny require consideration of all evidence as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority.' Graham frequently spoke of Shea being killed, she said. 1988), abrogated on other grounds by Bethea v. Springhill Mem'l Hosp., 833 So.2d 1 (Ala. 2002). With these principles in mind, we review the claims raised by Graham in her brief to this Court. Matthews v. State, 89 Md.App. The State argues that if any error did occur it was invited by defense counsel's actions. 80.) Only Mike Dominguez and Stewart Woodman took the deal. Graham relies on Ex parte Griffin, 790 So.2d 351 (Ala. 2000), to support her argument that the circuit court committed reversible error in excluding this information. Today psychiatrists told Judge Jacob Walker III that, despite having an IQ of just 77, Graham was capable of understanding the consequences of her actions, and was eligible for capital punishment. App. The 21 year old girl was the real deal with a police record to prove it. First, Graham argues that the circuit court erred in allowing Rachel Cunningham to testify that she had previously testified in Graham's first trial and that her testimony at the second trial was consistent with that testimony. App. Siler v. State, 705 So.2d 552, 557 (Ala. Crim. 1999). During her trial, the jury heard how Graham bitterly resented her daughter, constantly complaining to family and friends that the girl was a nuisance, and that she would like to kill her. Smith v. State, 795 So.2d 788, 837 (Ala. Crim. 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