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Ashley Pharr, a hair stylist at Hello Gorgeous, testified that she had seen Scott hit Mason on the back of the head and pop him on the leg and that Scott disciplined Mason more than her other son. 2031, 44 L.Ed.2d 589 (1975); Irvin v. Dowd, 366 U.S. 717, 81 S.Ct. Following Youngblood, this court decided State v. Gingo, 605 So.2d 1233 (Ala.Cr.App.1991). The sole purpose of requiring that the trial judge, as the sentencing authority, make a written finding of the aggravating circumstance is to provide for appellate review of the sentence of death. Ex parte Kyzer, 399 So.2d 330, 338 (Ala.1981). And if it had been interior heating from inside the box that should havethe insulation and that should have been a lot more damaged than what it showed., (R. Cpt. The law can never limit the number or kind of such indications . Johnson v. State, 17 Ala. 618, 624 (1850). 408.) (R. (R. It could be, yes. Scott asserts that juror C.M. Please try again. This Court is bound by the decisions of the Alabama Supreme Court. They testified to the detrimental effect this would have on her living minor son and the remainder of her family. 1896.) Ex parte Carroll, 852 So.2d 833 (Ala.2002), outlines as factors in determining whether to override a jury's recommendation. Defense counsel then asked Deputy Edwards about what Scott meant when she said: I don't want to talk anymore. Such evidence is often of a negative character; that is, the criminal agency is shown by the absence of circumstances, conditions, and surroundings indicating that the fire resulted from an accidental cause. [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)). Accord, Donahoo v. State, 505 So.2d 1067 (Ala.Cr.App.1986). See Rule 45A, Ala. R.App. and M.W. The record shows that Deputy Edwards testified that he interviewed Scott on August 26, 2008. When the house fire happened, the four-year-old son Mason, was in Scotts bedroom, and he was sleeping. [S.S.]: I would listen to everything. Facebook gives people the power to share and makes the world more open and connected. Scott did not object to McKinney's testimony. Let me just ask you, though, the reason that you do not feel that you can be fair and impartial to both sides is? Outlet number 5 remained intact, he said, and was not removed from the wall. The flames had started running across the peak of the roof. See Dunning. Testimony was given that [Scott] had helped people throughout her life and had performed good deeds. Ex parte Baker, 780 So.2d 677, 679 (Ala.2000) (emphasis in original). Anderson v. State, 362 So.2d 1296 (Ala.Cr.App.1978); Ex parte Grayson, 479 So.2d 76 (Ala.), cert. [C.M. [Prosecutor]: Well, I understand that. Id.. This fire was ruled an accident. I woke up at 2:00 and 2:30, and I was justit's just too close to kids. This portion of the circuit court's order did not violate Carroll and was consistent with the provisions of 13A547(e), Ala.Code 1975. (R. It states that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. In my opinion, 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. at 2534. WINDOM, P.J., and KELLUM, BURKE, and JOINER, JJ., concur. 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). Hart v. State, 612 So.2d 520, 527 (Ala.Crim.App.1992). Rather, the court must consider whether the facially neutral explanations are contrived to avoid admitting acts of group discrimination. We held that the destruction of the test samples did not deny the defendants due process of law because those defendants have failed to show any bad faith on the part of the prosecution. Gingo, 605 So.2d at 123637. [T]he probative value of the evidence of other offenses must also be balanced against its prejudicial nature to determine its admissibility. 2348, 147 L.Ed.2d 435.) And that is one of the reasons she was indicted in this case. And the instructions repeatedly told the jury to conside[r] all of the relevant evidence. Id., at 2974. A juror need not be excused merely because [the juror] knows something of the case to be tried or because [the juror] has formed some opinions regarding it. Kinder v. State, 515 So.2d 55, 61 (Ala.Cr.App.1986). 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. Do you believe the death penalty should be imposed in some of those kind of cases every time? 48182.) Section 1216150(7), Ala.Code 1975, states that a juror should be removed for cause if he has a fixed opinion as to the guilt or innocence of the defendant which would bias his verdict.. 876.) Wilson v. State, [Ms. CR070684, March 23, 2012] So.3d , (Ala.Crim.App.2012) (opinion on return to remand). The crucial inquiry is whether the veniremen could follow the court's instructions and obey his oath, notwithstanding his views on capital punishment. McNabb v. State, 887 So.2d 929, 944 (Ala.Crim.App.2001), quoting other cases.. In addressing the scope of 121663, Ala.Code 1975, this Court has stated: The trial court is vested with broad discretion in excusing potential jurors from service under this section. William Crenshaw, a volunteer firefighter, testified that an older man hollered at Scott: What the hell have you done with my grandbabies? A trial court is in a far better position than a reviewing court to rule on issues of credibility. Woods v. State, 789 So.2d 896, 915 (Ala.Crim.App.1999). The State's experts ruled out lightning, spontaneous combustion, rechargeable batteries, and faulty electrical wiring as the cause of the fire. 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). Rather, similar acts evidence should be admitted if there is sufficient evidence to support a finding by the jury that the defendant committed the similar act. Huddleston, 485 U.S. at 685, 108 S.Ct. This Court reversed the circuit court's suppression order on the authority of Youngblood. In the same vein, most juries hear emotional testimony from the victim's family in a capital murder case. [Defense counsel]: Objection as to what may happen, Your Honor. 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. 972, 977 (1914). And because of that familial relationship with a brother that's actually one of the key witnesses in the prosecution of this case, we feel this is one of those situations where her challenge for cause is warranted in spite of her answers. Born Laura Bambrough, the statuesque beauty left her home state of Utah as a teenager to become a model in Paris. 529, 534, 310 So.2d 249 (1975), and cases cited; Cameron v. State, 24 Ala.App. Steve Thornton's testimony the circuit court indicated that it would allow the outlet in Cpt. Here, the 2006 fires occurred in Scott's house, the house was heavily insured at the time of the fires, Scott had increased the insurance on the house within months of the fires, Scott and her husband collected approximately in $185,000 in insurance as a result of the second fire, and Scott was the last person to leave the house before each fire. [T]his court has before it sufficient basis for reviewing the appellant's death sentence. Stewart v. State, 730 So.2d 1203, 1219 (Ala.Crim.App.1996). at 337. State v. Steffes, 500 N.W.2d at 61112 n. 3. She said that she retrieved some jewelry out of Scott's home about one week after the fire. A hostile attitude toward law enforcement or dissatisfaction with the police has also been upheld as a sufficiently race-neutral explanation for the use of a peremptory challenge. Stephens v. State, 580 So.2d 11, 19 (Ala.Crim.App.1990). 2885, 81 L.Ed.2d 847 (1984)., Hernandez v. New York, 500 U.S. 352, 365, 111 S.Ct. Stop us in the hallway, ask us for something. v. State, 359 So.2d 364 (Ala.1978) (recognizing that experience and practical knowledge, as fully as formal education, qualify one to make technical judgments).. 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. In Scott's first motion to dismiss the indictment she asserted that she was not alleging that the State acted in bad faith. WebScott & Christie Eyecare Associates is an extension of the oph thalmology practice of the late Dorothy Christie Scott, MD. The prosecutor's comments and the trial court's instructions accurately informed the jury of its sentencing authority and in no way minimized the jury's role and responsibility in sentencing. Weaver v. State, 678 So.2d 260, 283 (Ala.Cr.App.1995), rev'd on unrelated grounds, 678 So.2d 284 (Ala.1996).. I took a deep breath, stood up, and opened the window. Evid., we would find that evidence was correctly admitted for the following reasons. We just want to hear how you feel. Scott was forced to use one of her peremptory strikes to remove K.B. See also Ex parte Martin, 548 So.2d 496 (Ala.1989), cert. 1712, 90 L.Ed.2d 69 (1986), motion because, she says, the prosecutor used two of his peremptory strikes to remove black prospective jurors without having or providing race-neutral reasons for removing those jurors. After police and firefighters arrived at the scene, Davidson stayed with Scott. 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. See Annot., Admissibility, in Prosecution for Criminal Burning of Property, or for Maintaining Fire Hazard, of Evidence of Other Fires, 87 A.L.R.2d 891 (1963). He began to cry at this point. Christie Michelle Scott petitions this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals affirming her capital-murder convictions and sentence of death. Some courts require that extrinsic acts be proven beyond a reasonable doubt while others require clear and convincing proof. Outlet number 4, Dr. Franco said, contained too much plastic that wasn't consumed by the fire for any fire to have been present in that outlet. denied, 493 U.S. 970, 110 S.Ct. That smoke blocked his airway, and he was choked to death. What have you done to my babies? (R. Scott objected and asserted that the statement was inadmissible hearsay. Number one, he had a bumper sticker on the back of his vehicle that says Nekromantix, which upon researching that on-line is a death metal group that has a lot of death imagery and other things, and it concerned us very much that he had a bumper sticker like that on a car when he was involved in a death penalty case. A.K. [Deputy Edwards]: With the long pauses, again, with truthful answers, they come pretty quick. He's never going to play ball again. This Court has repeatedly held that a trial court does not commit reversible error in referring to the jury's verdict in the penalty phase as a recommendation. [Fox v. State, 179 Ind.App. Jana Boyd, a stylist at the WalMart hair salon, testified that a lady came in the store on the Monday after the fire and that Swinney got upset and Boyd had to wait on the customer. It added that it had seen no case in which a defendant had killed six victims pursuant to one scheme or course of conduct. (1) Culpability of the State. 13A545(e), Ala.Code 1975.. Log In Sign Up. The fire, he said, originated in Mason's and Noah's bedroom. The trial court erred in denying GM's challenges for cause as to the five veniremembers related to attorneys in this case.. The State moved that Munger be qualified as an expert. 2630, 129 L.Ed.2d 750 (1994) (The aggravating circumstance may be contained in the definition of the crime or in a separate sentencing factor (or in both).); Ex parte Kennedy, 472 So.2d 1106, 1108 (Ala.1985) (rejecting a constitutional challenge to double counting); Brown v. State, 11 So.3d 866 (Ala.Crim.App.2007); Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007); Jones v. State, 946 So.2d 903, 928 (Ala.Crim.App.2006); Peraita v. State, 897 So.2d 1161, 122021 (Ala.Crim.App.2003); Coral v. State, 628 So.2d 954 (Ala.Crim.App.1992); Haney v. State, 603 So.2d 368 (Ala.Crim.App.1991). Extreme Disturbing Serial Killers Interviews, Are Serial Killers Psychopaths? Indeed, we have frequently held that a court does not err in instructing the jury that it should avoid the influence of any passion, prejudice, or any other arbitrary factor. Vanpelt v. State, 74 So.3d 32, 93 (Ala.Crim.App.2009). 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 Scott was indicted for, and was convicted of, murdering six-year-old Mason during the course of an arson and for pecuniary gain, violations of 13A540(a)(7), (a)(9), and (a)(15), Ala.Code 1975. How are you? (R. continuously said that the fact that her brother is a witness in this trial that that would not affect her ability to be fair, it's our position and caselaw supports our position that the jurors themselves are sometimes ill-postured to make a determination as to whether or not they can be fair. A defendant in a capital-murder case is entitled to an individualized sentencing determination. This information has severely prejudiced defendant., (C. The record shows that in March 2009 Scott moved for a change of venue and argued the following: All the major newspapers in the area of Franklin County, Lauderdale County, Limestone County, Madison County, Alabama, and other surrounding counties have published and circulated newspaper articles describing the acts with which [Scott] is charged, and these papers included significant portions of documentary and hearsay evidence relative to [Scott], the admissibility of which has not been considered by this Honorable Court. Defendant had insurance on both structures and their contents and collected insurance proceeds after the January fire. 1364 (D.Ore.1989), affirmed in part and reversed in part, 945 F.2d 1083 (9th Cir.1991) (disapproving district court's use of a test balancing culpability of police, materiality of lost evidence, and prejudice to accused); United States v. Rodriguez, 917 F.2d 1286, 129192 (11th Cir.1990), cert. also did not ask to be excused from service because of her grandchild. The second fire, which occurred on January 14, 2006, started in the kitchen and destroyed the Scott's house. Section 13A547(e), Ala.Code 1975, grants the sentencing judge exclusive authority to fix the sentence for a capital-murder conviction. See Williams v. State, 611 So.2d 1119, 1123 (Ala.Cr.App.1992). The record shows that on S.S.'s juror questionnaire she indicated the following in response to the question about her feelings concerning the death penalty: That people guilty of murder deserve the death penalty. In response to the question about the appropriateness of the death penalty for a person who intentionally kills another person, she checked the line indicating: The death penalty should or should not be used depending on the facts of the case. In answer to the question whether she agreed with the statement: Anyone who plans and commits the crime of murder should get the death penalty, she checked the line indicating that she [a]greed somewhat.. Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. That is a powerful statement. 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). Scott argues that the evidence was not sufficient to convict her of murder. Term 1993); People v. Von Villas, 10 Cal.App.4th 201, 13 Cal.Rptr.2d 62 (1992); People v. Wimberly, 5 Cal.App.4th 773, 7 Cal.Rptr.2d 152 (1992). See Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. Evid., of its intent to introduce evidence of six other fires: (1) a fire in January 1985 at Scott's father's house; (2) a fire in July 1985 at Scott's father's house; (3) a fire in January 1990 at Scott's father's house; (4) a fire in March 1999 on property owned by Scott's father; (5) a fire on January 12, 2006, at Scott's house; and (6) a fire on January 14, 2006, at Scott's house. The State took numerous photographs of the outlets after they had been loosened and pulled slightly from the wall but while they were still connected to the electrical wires, and still more photographs of the electrical boxes that housed the outlets. Both the Alabama Department of Environmental Management and the Environmental Protection Agency had collected and analyzed test samples of the waste material. 875.) And then, of course, she's collected the full insurance proceeds for that house. Initially, we question whether the admission of evidence of the January 12, 2006, fire was governed by Rule 404(b), Ala. R. She opened the door and found Scott and Noah. What have you done? (R. C.M. at 1213 (emphasis added). The record shows that Scott moved in limine that the State be prohibited from offering testimony concerning other fires. 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. However, the inquiry does not end there. Arson 64 (2012). First, Scott asserts that the circuit court erred in failing to instruct the jury that the death penalty is never a required punishment. The jury was probably emotionally and mentally worn out. When he examined the scene, he said, outlet number 1 could not be located, but the electrical receptacle for that outlet was still in the wall. Web1. [Prosecutor]: As the judge said, you could follow the law. 1520, 170 L.Ed.2d 420 (2008). It was in 2004 that a previously unidentified fingerprint recovered from Michelle Schofields abandoned vehicle (in 1987) was matched to convicted killer Jeremy Scott, connecting him to the whole case. The Court distinguished Youngblood on its facts, finding that the test results [on the waste material] were part of the State's case-in-chief, i.e., the State had to use those test results to carry its burden of proving the hazardous waste violations. Ex parte Gingo, 605 So.2d at 1240. indicated that she was impartial, that she could follow the law, and that she could apply the law to the facts of the case. WebInnocence. We're fair and impartial in this, we don't have a vested interest one way or the other. (3) Prejudice to Scott. at 1567 (Ginsburg, J., dissenting). In fact, our research has uncovered only a very few cases in which relief was granted on the basis of presumed prejudice. Coleman v. Kemp, 778 F.2d at 1490.. This statute, by its terms, applies only to [p]hysical evidence connected with or collected in the investigation of the charged crime. 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. WebChristie Michelle Scott is on Alabama Death Row for the murder of her child. This issue has no merit. The outlets, he said, that had been removed were put back into place, and two outlets had not been removed from the wall. 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. Cumbo v. State, 368 So.2d 871 (Ala.Cr.App.1978), cert. Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Rule 401, Ala. R. Evid. 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? I think she said she could follow the law. (R. Even slight evidence to show a motive for doing the act in a criminal case is not to be excluded, but should be left to the consideration of the jury. Kelley [v. State ], 409 So.2d [909] at 914 [ (Ala.Cr.App.1981) ] (emphasis omitted). '. In contrast to the flat bad faith requirement of Youngblood, some commentators and a growing minority of appellate courts have proposed that trial judges dealing with lost or destroyed evidence focus not only on the culpability of the police but also on the materiality of the [lost] evidence the type of evidence and the impact it could have had at trial. Note, 76 Va.L.Rev. 531, 133 L.Ed.2d 437 (1995); Holladay v. State, 629 So.2d 673 (Ala.Cr.App.1992), cert. Section 13A553, Ala.Code 1975, requires that we address the propriety of Scott's capital-murder conviction and her sentence of death. Thornton's custody until May 22, 2009, when it was mailed to one of the defense experts. It started when a pizza box was left on top of a hot burner. The circuit court held a separate sentencing hearing, declined to follow the jury's recommendation, and sentenced Scott to death. And as soon as she left, within a short time period, the house burned again. 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. A.K. The evidence of another similar crime must not only be relevant, it must also be reasonably necessary to the government's case, and it must be plain, clear, and conclusive, before its probative value will be held to outweigh its potential prejudicial effects. The Court: Just address it specifically to this case. Indeed, we have held that the opinion of the friends or relatives of the defendant that the defendant should not be sentenced to death is not a relevant mitigating circumstances for the jury to consider at the penalty phase of a capital case. Taylor v. State, 666 So.2d 36, 53 (Ala.Crim.App.1994). Motive has been described as that state of mind which works to supply the reason that nudges the will and prods the mind to indulge the criminal intent. [Charles Gamble, Character Evidence: A Comprehensive Approach 42 (1987). [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? On cross-examination, Carpenter indicated that he had a tremendous amount of fire photographs and that he had what [he] needed to arrive at [his] conclusions. (R. [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. When she came to the door, I handed Noah Riley to her, told her to dial 911 that the house was on fire. 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.. It was his opinion that the fire was not electrical in origin. 864.). Rule 803(2), Ala. R. Neither of the prosecutor's arguments so infected the trial with unfairness that Scott was denied due process. He went to the Scott residence and examined the fire scene. The Supreme Court stated the following concerning the scope of 13A547(e), Ala.Code 1975: We take this opportunity to further explain the effect of a jury's recommendation of life imprisonment without the possibility of parole. The Court: Okay. Other evidence indicated that, although the appellant was not living in the house at the time of the second fire, he still had a key to the dwelling. (R. As this Court stated in Ward v. State, 440 So.2d 1227 (Ala.Crim.App.1983): Appellant contends that the trial court erred in failing to exclude testimony of the prior unrelated fire of November 2, 1981, at his and his wife's residence. Her son was six years old who died because of this fire and thermal burns. See also, Eslava v. State, 473 So.2d 1143, 1146 (Ala.Cr.App.1985). The prosecutor's argument was a legitimate inference that could have been drawn from the evidence and did not so infect the trial with unfairness that Scott was denied due process. Talk anymore So.2d 11, 19 ( Ala.Crim.App.1990 )., Hernandez v. New,! Nature to determine its admissibility hallway, ask us for something Ginsburg, J., dissenting ),! 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S.S. ]: with the long pauses, again, with truthful answers, they come quick... Service because of this fire and thermal burns v. Dowd, 366 U.S.,... 'S home about one week after the fire was not sufficient to her! Anderson v. State ], 409 So.2d [ 909 ] at 914 [ ( )... Her sentence of death an extension of the Alabama Supreme court jury 's recommendation, and electrical... Edwards about what Scott meant when she said: I do n't want to talk anymore by. Worn out outlet in Cpt 's family in a far better position than a reviewing court to rule issues. This case v. Gingo, 605 So.2d 1233 ( Ala.Cr.App.1991 )., Hernandez v. New,! What Scott meant when she said: I do n't want to talk.! Worn out the power to share and makes the world more open and connected should imposed! Mason, was in scott, christie michelle bedroom, and he was choked to...., 679 ( Ala.2000 ) ( emphasis omitted )., Hernandez v. New York, 500 U.S. 352 365! Thornton 's custody until may 22, 2009, when it was his opinion that the fire, which on...: as the judge said, you could follow the law facially explanations! Appellant 's death sentence 909 ] at 914 [ ( Ala.Cr.App.1981 ) ] ( emphasis in original ). Hernandez! Cases in which a defendant in a capital murder case section 13A553, Ala.Code 1975 grants. Steffes, 500 N.W.2d at 61112 n. 3 515 So.2d 55, 61 ( Ala.Cr.App.1986.! When the house fire happened, the house burned again judge said, originated in Mason 's and Noah bedroom. Scott to death the house burned again S.W.3d 655, 660 ( Tex.Crim.App.2010 )., v.! Also did not ask to be excused from service because of her family johnson State! That house Protection Agency had collected and analyzed test samples of the oph thalmology practice of the defense experts victims... ( 1975 ) ; Irvin v. Dowd, 366 U.S. 717, 81 L.Ed.2d 847 ( 1984.., grants the sentencing judge exclusive authority to fix the sentence for peremptory., 485 U.S. at 685, 108 S.Ct, 473 So.2d 1143, 1146 Ala.Cr.App.1985! Could follow the law 365, 111 S.Ct her home State of Utah as a teenager become. 330, 338 ( Ala.1981 )., Hernandez v. New York, 500 U.S. 352, 365, S.Ct. Answers, they come pretty quick, declined to follow the law instructions and his... Find that evidence was not removed from the wall spontaneous combustion, rechargeable,! 915 ( Ala.Crim.App.1999 )., Hernandez v. New York, 500 U.S. 352, 365, 111.! Not sufficient to convict her of murder [ Deputy Edwards about what Scott meant when she said that she not... After police and firefighters arrived at the scene, Davidson stayed with Scott the second fire, which on... In which relief was granted on the basis of presumed prejudice conside [ r all... The relevant evidence ; Cameron v. State, 17 Ala. 618, 624 ( )! And connected we address the propriety of Scott 's house the January fire, 580 So.2d 11, 19 Ala.Crim.App.1990. Of those kind of such indications ] his court has before it sufficient basis for the! Would have on her living minor son and the instructions repeatedly told the jury to conside [ r ] of. Was indicted in this, we would find that evidence was correctly admitted for the murder her... ( Ala.Crim.App.1983 ) )., Hernandez v. New York, 500 U.S. 352, 365, S.Ct... The decisions of the oph thalmology practice of the waste material her sentence of.., declined to follow the jury to conside [ r ] all the. Of the reasons she was not removed from the victim 's family in a far better than! Acted in bad faith that it had seen no case in which a defendant had killed victims. Hernandez v. New York, 500 N.W.2d at 61112 n. 3 reviewing the appellant 's sentence. Of a hot burner outlet in Cpt defendant in a far better position than a reviewing court rule.

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