2580.) When asked by defense counsel about Graham's ability to "act reasonably," Dr. King testified: Smith v. State, 213 So.3d 239, 252 (Ala. 2007). Graham's first trial ended in a mistrial, and she was tried a second time and convicted of capital murder. 306 (1951), to support her argument. 4424.) On August 30, according to Stephanie Stearns, Buck Walker told her that the Grahams had invited the two of them over for dinner aboard the Sea Wind. She asserts that the day after Shea was killed Shea was scheduled to appear in a Georgia court on pending charges, and, Graham says, Shea could have used the information about Walton's involvement in the Taylor killing to get leniency on her pending case. The circuit court did not instruct on the issue of transferred intent because it had no application to the facts of this case. 3991.) The circuit court denied Graham's challenge and indicated that placing more weight on Sheriff Taylor's testimony was not a sufficient reason to remove E.P. (R. With more questions than answers, detectives don't have to look far to find out who is behind this vicious murder and why. Walton told Graham that the gun was dirty and needed to be cleaned. Davis v. State, 718 So.2d 1148, 1157 (Ala. Crim. "[N]umbers and statistics do not, alone, establish a prima facie case of racial discrimination." App. "In a criminal case the trial court is required to define technical words and expressions, but not words and expressions which are of common understanding and self-explanatory." Graham was convicted of coaxing longtime family acquaintance, Kenneth Walton, to kill her 20-year-old daughter who went by Shea. Luther Strange and Steve Marshall , attys. Walton said the mother met him at the Columbus Public Library on the evening of July 7, 2007, and loaned him her pistol for the job. Shea butter is a potent skin . Alabama has repeatedly upheld this practice. App. indicated that it would bother him if the defendant did not testify. Arizona v. Washington, 434 U.S. 497, 505-06, 98 S.Ct. Stephanie C Shea, 51. 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.'" App. The jury recommended, by a vote of 10 to 2, that Graham be sentenced to death. 1039, 1048, 197 L.Ed.2d 416 (2017). However, Graham ignores the fact that her first trial ended in a mistrial. 3448.). 417, 429, 710 S.E.2d 509, 515 (2011). Reed v. State, 227 S.W.3d 111, 115 (Tex. Includes Address (12) Phone (6) Email (3) See Results. Williams v. State, 710 So.2d 1276, 1347 (Ala. Crim. A Texas Court of Appeals in Molina v. State, 450 S.W.3d 540, 547 (Tex. This is the entire argument on this claim. App. That interview was conducted by Officer Grover Goodrich and Sgt. 1986, 188 L.Ed.2d 1007 (2014). The following occurred: (R. App. Zestimate Home Value: $260,000. Ex parte Walker, 972 So.2d 737, 754 (Ala. 2007). The center has been the site for several holistic community . After this discussion, the prosecutor then made the following comments: Graham's cellular telephone had never been located despite the fact that a thorough search had been conducted of Graham's home. Gobble v. State, 104 So.3d 920, 970 (Ala. Crim. 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. Graham then filed a similar petition in the Alabama Supreme Court. Sockwell, 675 So. By order dated October 2, 2013, this Court denied mandamus relief. (R. )). Graham is due no relief on this claim. In Henderson, the defendant was the "hiree" and not the "hirer" as in this case. Graham is due no relief on this claim. App. Graham also argues that her statements were involuntary because, she says, she was tired, confused, and on medication when she made them. (R. (C. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Brown , Auburn, for appellant. Prospective jurors also completed juror questionnaires. Grisham's ex is the father of her older son,. 1990). Listed below are those cases in which this Featured Case is cited. There was evidence indicating that the gun was given to Thompson for him to clean. Henry had been an avid outdoorsman, until a motorcycle accident left him unable to walk without assistance. "The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance." Prosecutors say Lisa Graham wanted her daughter killed because she felt that she was destroying her marriage and ruining her life. Billy Graham, appearing before . Rebecca provides a true crime case. See McLeod, supra. Graham next argues that the prosecutor's misconduct in the guilt phase denied her a fair trial. 1986). Authorities said she had been shot six times. App. (R. 73.) 2595.) Goodrich stated, at some point, that the interview was "paused" and he was relieved by Sgt. According to 13A-5-53(b)(2), Ala. Code 1975, this Court must independently weigh the aggravating circumstances and the mitigating circumstances to determine the propriety of Graham's death sentence. (C. In Bethea v. Springhill Memorial Hospital, 833 So.2d 1 (Ala. 2002), the Alabama Supreme Court returned to the harmless-error analysis when reviewing a circuit court's denial of a motion to remove a prospective juror for cause. Regardless of whether the above testimony meets the requirements of Rule 801(d)(1)(B), we find no error that rises to the level of plain error. 2012); Doster v. State, 72 So.3d 50 (Ala. Crim. 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. Graham presented no evidence at trial that Shea intended to capitalize on this information. Prospective juror B.W. 1758, 90 L.Ed.2d 137 (1986), held that prospective jurors in a capital-murder case may be "death-qualified." It is clear from the record that African-American prospective jurors D.D., T.R., J.S., L.M., T.L., and T.K. 2013)(table). 2093.) Co., 45 P.3d 737, 745 (Colo. App. According to Goodrich, the statement Graham gave was audiotaped and videotaped, he did not offer her any promises or inducements, and the interview lasted a couple of hours. The record shows that E.P. Graham is due no relief on this claim. 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. 2003). could be reconciled with the public interest in obtaining the adjudication of guilt or innocence." The Columbus Ledger-Enquirer reportsthat the Russell County jury on Thursday returned the guilty verdict for Lisa Leane Graham of Phenix City. The story roars to life from its opening scenes, with Special Agent John Hartley (The Rock) racing to the scene of a possible crime where he hopes to prevent the world's second-best art thief,. Based on the cases cited and quoted above, the "pecuniary gain" in 13A-5-40(a)(7) may be a gain to the hirer in the form of insurance proceeds or other financial benefits. Facebook gives people the. She asserts that this instruction, in essence, amended the indictment. be struck for cause. 2000). Based on our review of the instructions in this case, it is clear that the jury was properly instructed that to convict Graham of capital murder they had to find beyond a reasonable doubt that Graham had the specific intent to kill Shea. 2d at 729 (footnote omitted). 2003), quoting Varner v. State, 497 So.2d 1135, 1137 (Ala. Crim. Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. 1993), quoting in turn McCallum v. State, 407 So.2d 865, 868 (Ala. Crim. With these principles in mind, we review the claims raised by Graham in her brief to this Court. See Harris, supra. Commonwealth v. Robson, 461 Pa. 615, 623, 337 A.2d 573, 577 (1975). Other formats: Paperback. The alleged shooter, Kenneth Walton, also was charged with capital murder. The man who gunned down Stephanie Shea Graham took the witness stand Wednesday and calmly described how he lured her from Columbus to rural Russell County, shot her twice in the head as she. (R. Furthermore, there was a variance, Graham argues, between the evidence presented at trial and the indictment because there was no proof that money was exchanged for the killing. In May 2013, Graham moved that the case against her be dismissed because, she argued, the Double Jeopardy Clause barred her retrial. See also State v. Kang, 859 So.2d 649, 652 (La. "The reasons for this rule is that such evidence is hearsay and is inadmissible unless an exception can be found." 311, 314-17, 699 S.E.2d 671, 674-76 (2010). April 17, 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. Accordingly, we find no error in the circuit court's instructions. Graham frequently spoke of Shea being killed, she said. 380.) 306 (1951), recognized that "martial communications are presumptively confidential" but the privilege may be waived. Ex parte Hamm, 564 So.2d 469, 471 (Ala. 1990). Evid., and the United States Supreme Court case of Blau v. United States, 340 U.S. 332, 71 S.Ct. Accordingly, we affirm this Court's holding that Graham's right to be free from double jeopardy was not violated in this case because a manifest necessity existed for declaring a mistrial in Graham's original trial. The State's evidence tended to show that on July 5, 2007, Earlic Dinkins was driving on Highway 165 near Bowden Road when he discovered the partially nude body of Shea Graham lying on the side of the road. Graham did not file any motion for a speedy trial. App. 2003). Graham repeatedly argued that the State had failed to prove that any money exchanged hands. I seen old doofas [sic] in there putting a tape in there so he can record everything." 1994). The circuit court was within its discretion in declining to find the proffered evidence to be mitigating. The intent to kill must be real and it must be specific." See Norton, supra. Bohannon v. State, 222 So.3d 457, 510 (Ala. Crim. (R. It is abundantly clear that both Graham and her husband were aware that their conversation was not "confidential" but, in fact, was being recorded. 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. Harvey v. State, 579 So.2d 22, 26 (Ala. Crim. In a footnote, Graham further states: "As a result, Ms. Graham did not have strikes available to remove J.Z. She further argues that she was not given sufficient notice of the crime for which she was to defend against. for cause. He also testified that he did not offer Graham any inducement to make a statement. 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