$599. 380.) Moreover, in Ex parte Belisle, 11 So.3d 323 (Ala. 2008), the Alabama Supreme Court held that Alabama's method of execution, lethal injection, does not constitute cruel and unusual punishment. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. The Zestimate for this house is $352,100, which has increased by $5,997 in the last 30 days. 2005). A P R I L 6: A Quiet Place: Paramount Pictures / Platinum Dunes / Sunday Night Productions: John Krasinski (director/screenplay); Scott Beck, Bryan Woods (screenplay); John Krasinski, Emily Blunt, Millicent Simmonds, Noah Jupe: Blockers: Universal Pictures / Good Universe / Point Grey Pictures: Kay Cannon (director); Eben Russell, Jon Hurwitz . 228 So. In July of that year, Graham conspired to have her daughter killed by family worker and long-time friend Kenny Walton. Graham is entitled to no relief on this claim. After delaying the sentencing hearing before the circuit court, a mental evaluation was conducted and Dr. Glen King, a clinical and forensic psychologist, examined Graham. (R. Second, Graham argues that the circuit court erred in allowing Kevin Graham to testify concerning the relationship between Graham and Shea because, she says, it was highly prejudicial. However, in the challenged argument the prosecutor did not state that Graham had given the gun to be cleaned the day after Shea was killed. First, Graham argues that the circuit court lessened the jury's responsibility by referring to its verdict in the penalty phase as a recommendation. Youtube. App. 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. A person acts intentionally when its his or her purpose to caused the death of another person. In Varner, we stated: "Generally, the proponent of a witness may not bolster the credibility of a witness by showing that he made similar statements on prior occasions. She argues that the circuit court's application of this aggravating circumstance is too broad and is contrary to this Court's holding in Henderson v. State, 584 So.2d 841 (Ala. Crim. Kevin Graham, Graham's husband, testified that when he learned of Shea's death he informed police that Kenneth Walton was probably responsible because, he said, Walton had told him on two occasions that Graham had asked Walton to kill Shea.1 Kevin also testified that he had given Graham a gun and that she kept that gun in the console of her vehicle. Graham further argues that her conversation with her husband was the functional equivalent of a police interrogation and that, therefore, she should have been advised of her Miranda rights before the conversation took place. Citations are also linked in the body of the Featured Case. Graham is due no relief on this claim. Also, the circuit court stated that the first element of the charges was that "Shea Graham is dead." See Rule 45A, Ala. R. App. Opening Title Production company Cast and crew Ref. 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. The circuit court indicated that it agreed with the State that such evidence was not admissible but that, if the issue arose at trial, Graham should ask for a hearing outside the presence of the jury. Dr. Boudreau testified: (R. 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In her brief, Graham argues: "The prosecutor sought to prove Ms. Graham's consciousness of guilt by arguing that she asked Warren Thompson to clean her gun the day after Shea's death." Click on the case name to see the full text of the citing case. 133, 135, 793 P.2d 799, 800 (1990).3. Billy: The Early Years: Directed by Robby Benson. "Because the illness of the judge rendered completion of the trial by the original tribunal effectively impossible, there was no method by which appellant's `valued right to have his trial completed by a particular tribunal,' United States v. Jorn, 400 U.S. 470, 484, 91 S.Ct. App. The Russell Circuit Court found that the murder was committed for pecuniary gain, an aggravating circumstance listed in 13A-5-49(6), Ala. Code 1975, and sentenced Graham to death.2 This appeal, which is automatic in a case involving the death penalty, followed. If you wanted to analyze the DNA of Finch's story, it's a cross between Wall . 24.). "); Commonwealth v. Hunter, 381 Pa.Super. 2899.) 238 So. After this argument was made, defense counsel then stated: (R. 1991), addressed a similar issue and held that there was no privilege because the conversation between the two spouses occurred in the presence of police. Elle tait une partisane passionne des Filles de la Rvolution . A mistrial was properly declared because the trial judge had a medical problem and there was no other judge in that circuit who could preside over Graham's trial. View gallery Graham (pictured at an earlier stage in proceedings) hated daughter Stephanie 'Shae' Graham because she was a drug user and stripper, the court heard, and often talked about. App. On July 5, 2007, Walton testified, Graham telephoned him and asked him to meet her at a local library. They had two young sons together, but were estranged. They also had a son named Kevin Jr., and the Graham's appeared to be a very close family. 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. In fact, at the conclusion of the sentencing hearing, defense counsel stated: (R. Graham's first trial ended in a mistrial, and she was tried a second time and convicted of capital murder. 1992). Stephanie Grisham was announced in June as President Donald Trump's newest press secretary. (R. Graham is due no relief on this claim. 365.) Under the circumstances, Alabama has joined the majority of jurisdictions, measuring the starting date for purposes of a speedy-trial analysis from the declaration of a mistrial. App. All rights reserved (About Us). Argument of counsel should not be so restricted as to prevent reference, by way of illustration, to historical facts and public characters, or to principles of divine law or biblical teachings." Hyde v. State, 778 So.2d 199, 209 (Ala. Crim. A suppression hearing was held. We consider the following: (1) the length of the delay; (2) the reasons for the delay; (3) the defendant's assertion of his or her right to a speedy trial; and (4) the prejudice to the defendant. Resides in Woonsocket, RI. was compounded because, she says, the court did not give a limiting instruction on the use of the evidence. The intervening mistrial impacts the starting date for examining the Barker v. Wingo factors. Calhoun v. State, 932 So.2d 923, 975 (Ala. Crim. There was no error in the prosecutor's argument because the remarks were comments on Graham's demeanor during trial and her failure to exhibit any sign of remorse. (R. also indicated both during voir dire examination and in her questionnaire that she did not believe in the court system, and she appeared adamant about this view. App. Indeed, this Court has discussed the broad application of 13A-5-40(a)(7). 4067.) 488, 502, 598 A.2d 813, 820 (1991). However, E.P. could be reconciled with the public interest in obtaining the adjudication of guilt or innocence." 1968) ("It is manifestly necessary to curtail a trial when a participant in the proceedings dies or becomes ill."); State v. Malouf, 199 Tenn. 496, 504, 287 S.W.2d 79, 82 (1956) ("It is now universally held that a dismissal of a jury without [the defendant's] consent will not acquit the defendant when the jury has been unable to agree or if it is done on account of the illness or death of the trial judge."). In Alabama, "the husband-wife privilege" is addressed in Rule 504, Ala. R. Evid. At the very least, Graham argues, she was entitled to an Atkins hearing. She argued that the State had failed to prove that any money exchanged hands for the murder. After that interview, police contacted Graham and she voluntarily came to the police station with her husband, Kevin. First, Graham argues that the following argument was improper because, she says, it was a comment on the fact that she did not testify. However, we have examined the record and find no evidence indicating that the jury that convicted Graham was biased or impartial. State v. Marquardt, 243 Mont. Morris v. State, 60 So.3d 326, 361-62 (Ala. Crim. It contains 3 bedrooms and 2 bathrooms. Graham is due no relief on this claim. Only Mike Dominguez and Stewart Woodman took the deal. Cookie Settings/Do Not Sell My Personal Information. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. and B.V., who both said they would expect Ms. Graham to testify and make her `voice heard.'" Immediately after the mandamus proceedings were concluded, the State moved that a date be set for Graham's retrial. 2939.) Bonner v. State, 921 So.2d 469, 473 (Ala. Crim. 3d at 999. However, Graham makes no argument as to how she was prejudiced by these three factors. Henderson, 584 So. Stephanie Graham Photos and Videos. The Pattern Jury Instructions, adopted by the Alabama Supreme Court on July 30, 2010, for use in capital cases,17 state that the intent instructions for use in a capital-murder trial should read: "A person commits an intentional murder if he causes the death of another person, and in performing the act or acts that cause the death of that person, he intends to kill that person (or another person)." (R. EPISODE 2. Specifically, Graham argues that it was error for the circuit court not to find Graham's borderline mental functioning as a mitigating circumstance. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Graham, a Phenix City Native, was convicted of hiring a family friend, Kenny Walton, to shoot and kill her own daughter 21-year-old Stephanie "Shae" Graham in 2007. Moore v. Texas, 581 U.S. ___, ___, 137 S.Ct. 2590.) 2017): Here, the evidence was relevant to show Graham's motive and intent for killing Shea. "The reasons for this rule is that such evidence is hearsay and is inadmissible unless an exception can be found." (Graham's brief at p. Sentencing was scheduled for May this year, but delayed so Graham's mental state could be examined. Ex parte Walker, 972 So.2d 737, 754 (Ala. 2007). 616, 107 So.2d 899 (Ala. Cr. The record shows that, after the jury recommended a sentence of death, the following occurred: (R. "Lockett does not require that all evidence offered as mitigating evidence be found to be mitigation." (C. 824, 54 L.Ed.2d 717 (1978)(footnotes omitted). Both shots to Shea's head were fatal wounds, Dr. Boudreau said. She asserts that this instruction, in essence, amended the indictment. It appears that whether Shea intended to use the information concerning Taylor's death was purely speculation on the part of Graham and not based on any evidence. See also Blackmon v. State, 7 So.3d 397, 425 (Ala. Crim. 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. Buy newspaper front pages, posters and more. Sockwell, 675 So. 73.) Here, no Atkins hearing was held because Graham never challenged her intellectual functioning. Benjamin v. State, 116 So.3d 115, 121-22 (Miss. During closing arguments Graham's counsel did not mention Hodge. Ex parte Ferguson, 814 So.2d 970, 976 (Ala. 2001). 306 (1951), to support her argument. The court agreed to instruct the jury based on Graham's requested charges. 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. Last, we have searched the record for any error that may have adversely affected Graham's substantial rights and have found none. 2023 Advance Local Media LLC. 1990). Wright v. State, 279 Ala. 543, 550-51, 188 So.2d 272, 279 (1966). Ex parte Davis, 718 So.2d 1166, 1171-72 (Ala. 1998). App. The early life of American Evangelist Billy Graham. Warren Thompson, Graham's grandfather, came up to them as they were talking, and Thompson asked them if they had seen Shea. Any issue concerning the remoteness of the evidence affected its weight, not its admissibility. Zumbado v. State, 615 So.2d 1223, 1232 (Ala. Crim. Graham last argues that constitutional errors in the proceedings undermined the reliability of her conviction and sentence in violation of state and federal law. 4170.) Other jurisdictions have also applied the harmless-error rule to a court's erroneous failure to remove a prospective juror for cause after that prospective juror was removed by a peremptory strike. In 2007 she was also charged with aggravated assault over a rive-by shooting, and Graham worried that she was going to flee the state, leaving her to pay a $100,000 bond. A lengthy discussion was held on this issue. Knight v. State, [Ms. CR-16-0182, August 10, 2018] ___ So. Indeed, Graham meets none of the three factors discussed in Perkins. 2017). The indictment charged: The indictment tracked the language of the statute. 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. The Indiana Supreme Court in Norton v. State, 273 Ind. Zestimate Home Value: $315,000. (Graham's brief at p. 85 n. also stated that she would rather not sit on a death-penalty case, that she had a sister who had been murdered, that she had been the victim of a crime, and that she had heard about the case. 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. The circuit court stated that "it doesn't have to necessarily be money" and denied the motion. 1993). P., provides: In discussing the scope of Rule 45A, the Alabama Supreme Court has stated: Ex parte Brown, 11 So.3d 933, 938 (Ala. 2008). App. Looking for Stefanie Shea online? 10, 2018 ] ___ so is $ 352,100, which has increased by $ 5,997 in the proceedings the..., 361-62 ( Ala. Crim of guilt or innocence. the jury based on Graham 's mental State could reconciled. 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