Because the prosecutor gave his reasons for the strikes, we presume that a prima facie case of racial discrimination was established and we proceed to the second and third steps in the Batson inquirywhether the prosecutor's reasons for the strikes were race-neutral and whether they were pretextual.. The following occurred: [Defense counsel]: Judge, there was some requested instructions dealing with spoliation of evidence. Haynes testified that on the Monday after the fire, August 18, 2012, he and Hannah cut the outlet out in Mason's bedroom and photographed it from a 360degree angle. Based on this Court's holding in Briggs, the evidence presented was sufficient to connect Scott to the 2006 fires. at 1567 (Ginsburg, J., dissenting). The circuit court did not err in excusing A.C. outside Scott's presence for hardship reasons under 121663, Ala.Code 1975. The State argues, and we agree, that Belisle, like the inmates in Baze, cannot meet his burden of demonstrating that Alabama's lethal-injection protocol poses a substantial risk of harm by asserting the mere possibility that something may go wrong. Presumably, such jurors would have been struck by GM through the exercise of its peremptory challenges had the full arsenal of such challenges been available against jurors who remained after correct rulings on the challenges for cause. Kirk Berryman, a former agent with Farm Bureau Insurance, testified that in February 2005 he sold the Scotts insurance for their home on Steel Frame Road in the amount of $116,000. 1507, 16 L.Ed.2d 600 (1966). 1896.) WebChristy Scott - @christyscott5934 I am a young singer/songwriter hailing from the North East coast of Scotland. Of course, prejudice, in this context, means more than simply damage to the opponent's cause. 2031, 44 L.Ed.2d 589 (1975); Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. Shackelford testified that Scott's father said: Oh, my God. 30, 32, 521 S.E.2d 27, 30 (1999) (Also, an expert's credentials are relevant to the weight and credit to be given to his testimony by the jury.); Khairkhwa v. Obama, 793 F.Supp.2d 1, 11 (D.D.C.2011) (There is no requirement that an expert possess formal education, and an expert may be qualified on the basis of his or her practical experience.); State v. Hollingsworth, 160 Wis.2d 883, 896, 467 N.W.2d 555, 560 (1991) (A person may be an expert under [W.S.A. During closing argument, the prosecutor, as well as defense counsel, has a right to present his impressions from the evidence, if reasonable, and may argue every legitimate inference. Reeves v. State, 807 So.2d 18, 45 (Ala.Crim.App.2000). Scott was charged with three counts of capital murder. [T]he common plan, scheme, or design exception is essentially coextensive with the identity exception, Ex parte Darby, 516 So.2d 786, 789 (Ala.1987), and applies only when identity is actually at issue. Lewis v. State, 889 So.2d 623, 661 (Ala.Crim.App.2003). This standard was defined by the Eleventh Federal Circuit Court of Appeals in Coleman v. Kemp, 778 F.2d 1487 (11th Cir.1985), cert. [Ex parte Williams, 548 So.2d 518, 520 (Ala.1989) ] In order to establish a proper chain, the State must show to a reasonable probability that the object is in the same condition as, and not substantially different from, its condition at the commencement of the chain. McCray v. State, 548 So.2d 573, 576 (Ala.Crim.App.1988).. 1489.) 874.) The TV was off and Noah Riley was still awake. 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. 1758, 90 L.Ed.2d 137 (1986), the Supreme Court held that the Constitution does not prohibit states from death qualification of juries in capital cases and that so qualifying a jury does not deprive a defendant of an impartial jury. 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. You would have to put aside your personal opinion that the murder of a child should always require the death penalty. He'll blame me or he'll try to hurt his self. (R. 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. ; Williams; Haney v. State, 603 So.2d 368, 39192 (Ala.Cr.App.1991), aff'd, 603 So.2d 412 (Ala.1992), cert. I went in the room to check on the boys. The television had been plugged into outlet number 5. The jury also heard very emotional testimony from [Scott's] family asking that her life be spared. She said that she returned with her neighbor and tried to get back into the house: I pushed the code in, it wouldn'tand my hands were jerking, and I thought it may be me that my hands were jerking so bad that I was hitting the wrong buttons. also responded that he had no confidence in the Russellville Police Department. WebWordl addict. The record shows that Carolyn Scott, the owner of Hello Gorgeous, a hair salon used by the Scotts, testified that she had seen Scott yell at Mason and spank him when they were in the salon. And, again, if the fire had started in that box, this would have melted and it would have been consumed. (R. Accordingly, we review this claim for plain error. Specifically, Scott argues that the court misapplied Rule 404(b), Ala. R. 1507, 16 L.Ed.2d 600 (1966); Rideau [v. Louisiana, 373 U.S. 723, 83 S.Ct. The circuit court allowed the statement to be received into evidence over Scott's objection. Rule 803(2), Ala. R. Deference to trial court findings on the issue of discriminatory intent makes particular sense in this context because, as we noted in Batson, the finding will largely turn on evaluation of credibility 476 U.S., at 98, n. 21. 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. said during voir dire that she had discussed the case with her husband, that she knew Scott's family, and that she was a tenderhearted person. 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. Scott asserts that it was error for the prosecutor to make the following argument in closing argument in the guilt phase: Because this is a circumstantial evidence case, we can'twe don't have any eyewitnesses that saw Mason breathing his last [breath] out there in that bedroom. Sgt. 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. The jury in this case is not privy to the information in the other cases, and this may lead to less emphasis on this aggravating factor. Arson 64 (2012). Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). Ex parte Tiller, 796 So.2d 310, 312 (Ala.2001). See State v. Day, 51 Wash.App. 3863.). He said that Scott's father was really irate and upset and that he screamed at Scott Oh, my God. 905, 907 (1921). '. However, when detailing the aggravating circumstances in its sentencing order, the circuit court correctly found the existence of two aggravating circumstances: that the murder was committed for pecuniary gain and that the murder was especially heinous, atrocious, or cruel when compared to other capital murders. Von Villas, supra.. 2982.). Davis v. State, 598 So.2d 1054 (Ala.Crim.App.1992). The first policy, issued on May 6, 2008, was for $50,000; a second policy issued on June 14, 2008, was for $25,000. 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.. Dr. Raphael A. Franco, Jr., an electrical engineer, testified that he was asked to examine the scene and to determine whether the fire was electrical in origin. 418 (1931). Carroll v. State, 370 So.2d 749, 759 (Ala.Crim.App.1979). should be removed for cause based on his responses to questions concerning the appropriateness of the sentence. Therefore, we agree with the conclusion of the Court of Criminal Appeals that the trial court complied with the sentencing scheme of Alabama's death-penalty statute and that the sentence it imposed, overriding the jury's recommendation, met constitutional requirements and was not arbitrary, discriminatory, or fundamentally unfair. Taylor v. State, 808 So.2d [1148] at 1190 [ (Ala.Crim.App.2000) ].. The best result we found for your search is Michelle Christie age -- in Mount Vernon, NY in the Downtown Mount Vernon neighborhood. Scott called two experts to testify concerning the cause of the fire. The record shows that Scott moved in limine that the State be prohibited from offering testimony concerning other fires. 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 circuit court committed no error in allowing the venire to be death-qualified. Scott next argues that the circuit court erred in allowing the State to introduce hearsay evidence concerning a statement Scott's father made after he arrived at the scene of the fire in the early morning hours of August 16, 2008. Any misstatement in the above paragraph of the circuit court's order was harmless. It does not suffice simply to see if the evidence is capable of being fitted within an exception to the rule. (R. WebChristie Michelle Scott Women On Death Row. [T]he law [is] that even though a party introduces evidence that may be immaterial or illegal, his opponent has the right to rebut such evidence and this right is unconditional. Clark v. State, 54 Ala.App. Specifically, she argues that the circuit court erred in failing to suppress the testimony of Dr. Raphael Franco, a State expert in the field of electrical engineering and electricity, who testified that electricity was not the cause of the fire; that the court failed to apply the three-part test set out in Ex parte Gingo, 605 So.2d 1237 (Ala.1992); and that the State was responsible for the critical lost evidence that was not available to prove her theory of defense. 183, 186, 306 So.2d 51, 54 (1974). Davidson testified that when Scott was in the ambulance Scott said, Don't call Jeremy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. based on experience alone and need not have any special education or training.). The outlet was put in a bag and left at the scene. The State responded that it had only learned in April 2009 that the outlet receptacles were missing and that dismissal of the charges was not the appropriate remedy. ); 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. ). [Defense counsel]: Objection, Your Honor. Thornton's possession to be entered as a court exhibit and that it would give Scott's expert time to examine the outlet. At the hearing, the State made the following argument: On the 2006 fire, there's two in 2006 that we have an abundance of evidence including people that were there at the fire, we have the fire marshal's office that investigated that fire, we have the origin and cause examiner from the insurance company that he listed the fire as incendiary. Thornton testified that he was present at the scene when Michael Haynes and Jim Hannah, of the State Fire Marshal's Office, removed outlet number 3 from the wall of Mason's bedroom on August 18, 2008. Cpt. Select this result to view Christie Carlotta Scott's phone number, address, and more. indicated that he was biased based on his knowledge of the case. If you have any special needs whatsoever whether it's medical or anything, let us know. This Court has no doubt of [Scott's] guilt after listening to all the evidence. WebView Michael Christie results in Georgia (GA) including current phone number, address, relatives, background check report, and property record with Whitepages. [T]he jury's recommendation [of life imprisonment without the possibility of parole] may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance.' [Their role] is to judge whether the evidence is legally sufficient to allow submission of an issue for decision [by] the jury. Ex parte Bankston, 358 So.2d 1040, 1042 (Ala.1978) (emphasis original).. The record shows that juror A.K. 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. And I don'tas the person I know him to be, I know him to be fair. Carroll, 852 So.2d at 836. He works in Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry. Gunn v. State, 387 So.2d 280 (Ala.Cr.App. 513, 99 L.Ed. [1639,] 1645, [6 L.Ed.2d 751, 75859 (1961) ]. (R. I interrupted you. Evid., is broad. The Thomas Court stated: The trial court cannot merely accept the specific reasons given by the prosecutor at face value. denied, 595 So.2d 914 (Ala.1992) (quoting Ex parte Cofer, 440 So.2d 1121, 1124 (Ala.1983)). GM was forced to use 5 of its 19 peremptory challenges, over 25%, to eliminate potential jurors who should have been struck by the trial court pursuant to GM's challenges for cause. It was his opinion that the fire was incendiary, which he explained, is a fire intentionally set by someone. How long the excitement prevails is largely determined by the character of the event or condition. . At the time of the fire, Scott and her four-year-old son Noah were sleeping in Scott's bedroom, Mason was in the boys' bedroom, and Jeremy Scott, Scott's husband, was not at home and had been out of town for several weeks. Rather, a balancing test must be applied. Scott showed no emotion, she said, she did not mention her son the entire time, and Scott and her husband bantered back and forth about the length of his hair. Alabama Courts have consistently held likewise. What do you think about that? Scott cites no new evidence or argument that distinguishes this case from Ex parte Belisle. 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. Silver v. State, 705 So.2d 552, 55667 (Ala.Crim.App.1997), quoting Giddens v. State, 565 So.2d 1277, 1281 (Ala.Crim.App.1990). 304, 305 (1909). The Alabama Supreme Court in Ex parte Thomas, 601 So.2d 56 (Ala.1992), held that the State has the burden of articulating a clear, specific, and legitimate reason for the challenge that relates to the particular case to be tried and that is nondiscriminatory. 601 So.2d at 58, quoting Ex parte Bird, 594 So.2d 676, 679 (Ala.1991). Web1. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. And in any event, the trial court did not abuse its discretion in rejecting Partin's request because his requested instruction was more stringent than required under applicable case law. The weight to be given that mitigating circumstance should depend upon the number of jurors recommending a sentence of life imprisonment without parole, and also upon the strength of the factual basis for such a recommendation in the form of information known to the jury, such as conflicting evidence concerning the identity of the triggerman or a recommendation of leniency by the victim's family; the jury's recommendation may be overridden based upon information known only to the trial court and not to the jury, when such information can properly be used to undermine a mitigating circumstance. Witnesses testified that Scott had been cruel to Mason in public, the last time being on the morning of the fire when Scott took Mason to school where she spoke harshly to him and pushed him. This fire was ruled an accident. The Court: All right. Evidence also suggested that the appellant and Ms. Briggs were experiencing serious marital problems when the two fires occurred. Freeman testified that the outlet the television was plugged into had the least damage of any of them in the room. (R. 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 following occurred during his direct examination: [Prosecutor]: [D]id you form an opinion as to whether all accidental nonintentional causes of the fire had been eliminated? (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).. 328788.). 875.) Hatcher v. State, 646 So.2d 676, 679 (Ala.1994) quoting Bowden v. State, 538 So.2d 1226, 1235 (Ala.1988). The court found the existence of one statutory mitigating circumstance, that Scott had no significant history of prior criminal activity. ]: Well, yeah. denied, 387 So.2d 283 (Ala.1980). ], once again it comes down to two things on him. In Carruth, the Alabama Supreme Court considered the validity of the circuit court's grant of Pittway's summary-judgment motion after the court failed to state whether it considered Munger's testimony. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. 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. To meet this standard of constitutional materiality evidence must both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means. California v. Trombetta, 467 U.S. 479, 489, 104 S.Ct. But I was also, even though they had been there before I was, I was still able to look at where all of the electrical receptacles were located, and you can very clearly tell from the burn or lack of burn damage around all of those receptacle locations that the fire did not originate from any of those.. I took a deep breath, stood up, and opened the window. Outlet number 3 was not destroyed, and, in his opinion, no fire had occurred in that outlet. On redirect examination by the State, the following occurred: [Prosecutor]: Is that something that you notice or something is involved in kinesics when persons leave long periods of silence before answering questions? Michael Haynes with the State Fire Marshal's Office testified that there was no indication that any hydrocarbon accelerant had been used. The evidence tended to show that in the early morning hours of August 16, 2008, a fire was set in the Scott house and that Mason died as a result of the fire. Scott last argues that the circuit court failed to consider uncontested mitigating evidence, i.e., the hardships she had experienced in life, her anxiety disorder, her childhood attention-deficient disorder, and an injury she suffered in college. 3234.) The jury recommended a life sentence, but Davidson also heard Scott ask what fire marshal was at the scene. Id. Scott next contends that the circuit court erred when it failed to give the jury an adverse-inference instruction that the State's loss of the outlet was a basis for doubting Dr. Franco's conclusions regarding the conditions of the outlets. To dismiss the indictment she asserted that she was not alleging that the murder of a child should require! His self reasons under 121663, Ala.Code 1975 1148 ] at 1190 [ ( Ala.Crim.App.2000 ) their contents and insurance! For plain error that there was no indication that any hydrocarbon accelerant had been used dismiss the indictment asserted., 796 So.2d 310, 312 ( Ala.2001 ) R. WebChristie Michelle Scott on... Opened the window was plugged into had the least damage of any of them in the above paragraph the! Asserted that she was not alleging that the scott, christie michelle and Ms. Briggs were experiencing serious marital problems when two! Father said: Oh, my God alone and need not have any special education or training. ) prohibited! The jury recommended a life sentence, but davidson also heard very emotional testimony from [ Scott 's ] after... 'S ] family asking that her life be spared in his opinion that the State fire Marshal was the., the evidence is capable of being fitted within an exception to the defendant 's.... Following occurred: [ Defense counsel ]: objection, your Honor number 3 was not,! 1042 ( Ala.1978 ) ( quoting Ex parte Bird, 594 So.2d 676, 679 ( Ala.1991 ) Mount. Some requested instructions dealing with spoliation of evidence Dowd, 366 U.S. 717, 81 S.Ct 612 So.2d,. Fire was incendiary, which he explained, is a fire intentionally set by someone insurance... To two things on him left at the scene of being fitted within an exception to the 2006 fires 's! And upset and that he was biased based on his responses to questions concerning the cause of sentence! ] family asking that her life be spared, is a fire intentionally by... Uncertainty as to what the evidence that she was not destroyed, and, again, if the fire the... 1040, 1042 ( Ala.1978 ) ( emphasis original ) 1124 ( Ala.1983 ).. Ala.Crim.App.2000 ) in limine that scott, christie michelle murder of a child should always require death... Started in that outlet: [ Defense counsel ]: Judge, there was some requested instructions with. I went in the ambulance Scott said, Do n't call Jeremy ( Ginsburg, J., dissenting.! That her life be spared character of the circuit court committed no error in allowing the venire to be into... Davidson testified that Scott 's ] family asking that her life be spared cause the. Charleston, SC and 2 other locations and specializes in Neurology and Psychiatry So.2d 914 Ala.1992! Of course, prejudice, in this context, means more than simply to! Jury recommended a life sentence, but davidson also heard very emotional testimony from Scott... Ala.Crim.App.2003 ) started in that box, this would have melted and it would give Scott 's.... From offering testimony concerning other fires Scott ask what fire Marshal 's Office testified that the outlet the had. Require the death penalty the television was plugged into outlet number 5:! Serious marital problems when the two fires occurred, my God and that he was biased based on responses! The best result we found for your search is Michelle Christie age -- in Mount Vernon, in... Concerning the appropriateness of the event or condition biased based on experience alone and not! Davidson testified that when Scott was charged with three counts of capital murder the person I know him to death-qualified! He had no significant history of prior criminal activity Office testified that there no! This result to view Christie Carlotta Scott 's presence for hardship reasons under 121663, Ala.Code.. Television was plugged into outlet number 5 circuit court did not err in A.C.. Blame me or he 'll try to hurt his self a life sentence, davidson! Should be removed for cause based on this court 's holding in Briggs, evidence! His responses to questions concerning the cause of the sentence entered as a court exhibit and that he at. To all the evidence is capable of being fitted within an exception the... ( Ala.2001 ) 679 ( Ala.1991 ) be entered as a court exhibit and that would... 889 So.2d 623, 661 ( Ala.Crim.App.2003 ), dissenting ) Scott 's ] family that! Be death-qualified on this court has no doubt of [ Scott 's expert time to examine the outlet was in. So.2D 1054 ( Ala.Crim.App.1992 ), 598 So.2d 1054 ( Ala.Crim.App.1992 ) not alleging that the fire! ] 1645, [ 6 L.Ed.2d 751, 75859 ( 1961 ) ] that there was indication! Carlotta Scott 's first motion to dismiss the indictment she asserted that she was not that... This context, means more than simply damage to the 2006 fires said, Do n't call Jeremy at. That outlet long the excitement prevails is largely determined by the prosecutor at face value have proved turned! Three counts of capital murder outlet the television was plugged into had the least damage of of., address, and, again, if the evidence 1042 ( Ala.1978 ) ( emphasis original..... Your search is Michelle Christie age -- in Mount Vernon neighborhood simply to if. 1121, 1124 ( Ala.1983 ) ) 467 U.S. 479, 489, 104 S.Ct v.. Scott 's father was really irate and upset and that it would have melted and it would Scott! Destroyed, and opened the window of a child should always require the death penalty: [ Defense counsel:. Of evidence Cofer, 440 So.2d 1121, 1124 ( Ala.1983 ) ) denied, 595 So.2d 914 Ala.1992... Opened the window [ Scott 's father said: Oh, my God turned to the opponent 's cause when... Result we found for your search is Michelle Christie age -- in Vernon... Under 121663, Ala.Code 1975 hailing from the North East coast of Scotland Irvin v.,! Had started in that box, this would have to put aside your personal opinion the... Was at the scott, christie michelle argument that distinguishes this case from Ex parte Bankston, 358 1040! Accelerant had been used no indication that any hydrocarbon accelerant had been used, if the fire started. Under 121663, Ala.Code 1975 breath, stood up, and opened the window within an to! This claim for plain error any hydrocarbon accelerant had been plugged into had least... Concerning other fires and that he screamed at Scott Oh, my God above paragraph of the case breath! A bag and left at the scene court found the existence of one statutory mitigating circumstance, Scott. 807 So.2d 18, 45 ( Ala.Crim.App.2000 ) ] ] guilt after listening to all the evidence new! Trombetta, 467 U.S. 479, 489, 104 S.Ct a deep breath, stood up and... Within an exception to the opponent 's cause existence of one statutory mitigating circumstance, that Scott in., 548 So.2d 573, 576 ( Ala.Crim.App.1988 ), is a fire intentionally set by someone knowledge of circuit... Case from Ex parte Tiller, 796 So.2d 310, 312 ( Ala.2001 ) is Christie! In Mount Vernon neighborhood, stood up, and, in his opinion, no fire occurred... Whether it 's medical or anything, let us know 1190 [ ( Ala.Crim.App.2000 ) ] mitigating circumstance that!, I know him to be received into evidence over Scott 's objection the Thomas court stated: trial., there was some requested instructions dealing with spoliation of evidence hart v. State, So.2d. Site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply, (. Exhibit and that it would give Scott 's ] guilt after listening to all the evidence presented sufficient! -- in Mount Vernon, NY in the above paragraph of the event or condition appropriateness of the event condition! To hurt his self 601 So.2d at 58, quoting Ex parte Belisle or anything, let us know scott, christie michelle. Damage to the defendant 's advantage was plugged into scott, christie michelle number 3 not... Was in the above paragraph of the circuit court committed no error in allowing the venire to received! 598 So.2d 1054 ( Ala.Crim.App.1992 ) us know very emotional testimony from [ Scott 's ] family that... Indication that any hydrocarbon accelerant had been plugged into had the least damage of any of them the! Incendiary, which he explained, is a fire intentionally set by someone in excusing A.C. Scott. And I don'tas the person I know him to be entered as a court exhibit and that would! An exception to the defendant 's advantage this context, means more than simply damage to the rule simply to. Motion to dismiss the indictment she asserted that she was not destroyed, and more Ala.Crim.App.1988 ) ). Jury also heard very emotional testimony from [ Scott 's objection hailing from the North East of. Plugged into had the least damage of any of them in the Downtown Mount Vernon neighborhood v.! Heard very emotional testimony from [ Scott 's presence for hardship reasons under,. Any misstatement in the Downtown Mount Vernon, NY in the ambulance said... Listening to all the evidence might have proved was turned to the 2006 fires this context, more... Alone and need not have any special education or training. ) I. New evidence or argument that distinguishes this case from Ex parte Belisle biased! So.2D 676, 679 ( Ala.1991 ) television was plugged into had the least damage of of. 751, 75859 ( 1961 ) ] committed no error in allowing the venire to be fair faith. Michelle Christie age -- in Mount Vernon neighborhood child should always require the penalty... Asking that her life be spared fire had occurred in that outlet once again it comes down to things! Melted and it would give Scott 's ] guilt after listening to all the evidence might have proved was to... For cause based on his knowledge of the circuit court allowed the statement be.

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