3448.). 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." The "pecuniary gain" to the hiree may be in a form other than money, i.e., goods, property, etc. A prospective juror who responds that he or she will credit the testimony of a police officer more than the testimony of other witnesses may subsequently be rehabilitated; here, E.P. Uploaded: 09 Apr, 2011. In October 2012, Graham moved that she be immediately released from custody and that all judges except Judge Greene be disqualified from presiding over her retrial. Forensic tests showed that the bullets that killed Shea were fired from the gun that Walton got from Graham. 2003). 4227.) He is best known for competing on the thirteenth season of RuPaul's . 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. They stopped at the end of Highway 165 near Bowden Road so that Shea could go to the bathroom on the side of the road. 406.) Tom Hanks and Caleb Landry Jones' character work helps Finch stand out from other post-apocalyptic/robotic epics. On August 8, 2014, the Alabama Supreme Court likewise denied mandamus relief. Sergeant Costello testified that the police retrieved the gun from Thompson. The following occurred during Kevin's testimony: (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." (R. "`Generally, the proponent of a witness may not bolster the credibility of a witness by showing that he made similar statements on prior occasions. 1986), to support her argument. The circuit court indicated that it was going to read the fourth element as the jury had previously been instructed and then give them Graham's requested charge number two. Based on the totality of the circumstances, we hold that the circuit court did not abuse its discretion in denying Graham's motion to suppress her statements to police. 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). Sentencing was scheduled for May this year, but delayed so Graham's mental state could be examined. Walton told Graham that the gun was dirty and needed to be cleaned. On March 11, 1985, Neil, Stewart, Steven, Robert, Anthony, and Mike were all arrested. The conversation consisted mostly of the two questioning why Graham was asked to the police station. The alleged shooter, Kenneth Walton, also was charged with capital murder. 2087.) 1988). Elle tait une partisane passionne des Filles de la Rvolution . The 21 year old girl was the real deal with a police record to prove it. App. On October 31, 2012, the Presiding Judge of the Russell Circuit Court certified to the Chief Justice of the Alabama Supreme Court that all the judges in that county had recused themselves from the case and that a special judge was needed. Super. Davis v. United States, 512 U.S. 452, 459, 114 S.Ct. State v. Powers, 654 N.W.2d at 679. Immediately after the mandamus proceedings were concluded, the State moved that a date be set for Graham's retrial. State v. Powers, 654 N.W.2d 667, 679 (Minn. 2003). CR-12-1690, October 2, 2013), 173 So.3d 12 (Ala. Crim. App. 2000). P., petition" was the law of the case. The circuit court found as an aggravating circumstance that the murder was committed for pecuniary gain, see 13A-5-49(6), Ala. Code 1975. (C. Graham is entitled to no relief on this claim. 417, 429, 710 S.E.2d 509, 515 (2011). (C. Nickerson v. State, 629 So.2d 60, 63 (Ala. Crim. 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. 2010). The intervening mistrial impacts the starting date for examining the Barker v. Wingo factors. When the truth is finally revealed, the identity of her killer will prove to be more shocking than ever imagined. 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." He testified: Walton further testified regarding the event of July 5 and July 6, 2007. Later during voir dire, the following occurred: (R. Here, immediately after entering the interview room to speak to his wife, Kevin asked why they were in a room by themselves. Isabel Ericksson was drugged, raped and kidnapped. Directors Stuart Jones Eve Rodrick Writer Renee Turner Stars At the age of 20, Stephanie "Shea" Graham was a seemingly ordinary youngster with not just an active social life but also optimistic dreams for both herself as well as the future of our world. Graham is due no relief on this claim. On multiple occasions, after that date, Walton said, Graham asked him to kill Shea. 2d at 514. Graham objected that the testimony was not relevant, but on appeal Graham argues that the evidence was elicited to bolster Cunningham's credibility. 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. 2d at 859. In reviewing a circuit court's ruling on a motion to suppress a confession, we apply the standard adopted by the Alabama Supreme Court in McLeod v. State, 718 So.2d 727 (Ala. 1998): 718 So. "The fact that a defendant is in pain or taking pain medication does not, in and of itself, render any statement made involuntary." 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. The Alabama Supreme Court extended this holding to white prospective jurors in White Consolidated Industries, Inc. v. American Liberty Insurance, Inc., 617 So.2d 657 (Ala. 1993). Specifically, Graham argues that the circuit court erroneously instructed the jury that they could convict Graham of murder for hire even if the person that Graham intended to kill was not her daughter. When 20-year-old Stephanie Shea Graham is found murdered on a desolate road, detectives gather clues and question those closest to her. Carpenters' daughter was murdered brutally on the Alabama Highway of Russell county in 2007. April 17, 2013. Stephanie Shea's official page on Facebook. Graham is due no relief on this claim. In fact, there was no testimony that Hodge was dead. This is the entire argument on this claim. Shea butter is a better choice for the issues like scars, acne, stretch marks. 292, 298, 998 A.2d 500, 504 (2010) ("`[T]he declaration of mistrial rendered nugatory all of the proceedings during the first trial,' Further, `[a] mistrial is not a judgment or order in favor of any of the parties. Thereafter, Judge Greene was granted a leave of absence for medical reasons. App. Graham argues that Johnson does not apply in this case because, she says, the police were not in the same room when she and her spouse were talking. Stephanie Shea Graham February 9, 1987- July 6, 2007 PHENIX CITY, AL Stephanie Shea Graham, 20 of Phenix City passed away Friday July 6, 2007 in Russell County, AL. "Since the questions were not answered, reversible error does not appear." v. Tal, 174 P.3d 559 (Okla. 2006), stated: 174 P.3d at 564-65. Evid., and the Supreme Court's holding in Ex parte Boone, 228 So.3d 993 (Ala. 2016). Other formats: Paperback. The Body On Bowden Road. Listed below are those cases in which this Featured Case is cited. An east Alabama woman convicted of hiring a hit man to kill her daughter was sentenced to death on Wednesday, according to news reports. The circuit court did not instruct on the issue of transferred intent because it had no application to the facts of this case. See McLeod, supra. 532, 538, 785 S.E.2d 324, 331 (2016) ("[W]hen a defendant is retried following a mistrial, prior evidentiary rulings are not binding. In 2007, after a night out with friends, 20 year old Stephanie Shea Graham fails to return home. DeBlase v. State, 294 So.3d 154, 241-42 (Ala. Crim. Dr. Steven Boudreau, a pathologist with the Alabama Department of Forensic Sciences, testified that Shea died of multiple gunshot wounds. 502, 515 n. 3, 186 A.3d 207, 214 n.3 (2018) ("[W]hen a mistrial is declared or when a case is reversed on appeal, it is the time between the grant of a mistrial (or mandate reversing the prior trial) and the commencement of the subsequent trial date that is counted in a speedy trial analysis. The United States Supreme Court in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. 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. 45.). See Rule 45A, Ala. R. App. 2d at 24-25 (emphasis added). App. 160.) Moore v. Texas, 581 U.S. ___, ___, 137 S.Ct. 2. The circuit court's order shows that it specifically considered Graham's mental health as a possible mitigating circumstance. (R. The following occurred: At trial, the discussion surrounding this issue was confusing. However, Graham ignores the fact that her first trial ended in a mistrial. 2018). As this Court stated in Floyd v. State, 289 So.3d 337 (Ala. Crim. 1958.)'" 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. Oct. 6, 2010 The Chef Mayra Show with special guest, Stephanie Graham, director of Love's Alchemy Spiritual Center. 160-161. The record clearly establishes that Graham is not intellectually disabled as that term was defined by the Alabama Supreme Court in Perkins. 531.) was compounded because, she says, the court did not give a limiting instruction on the use of the evidence. 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. 2019). It lacks the finality of a judgment, and means that the trial itself was a nullity.'"). There was also evidence indicating that the Grahams had provided a cash bond for Shea in the amount of $100,00014 when Shea was arrested and charged with a drive-by shooting and that Graham had feared that that money would be forfeited because of Shea's bad conduct.15 (C. 2677.). App. 2242, 153 L.Ed.2d 335 (2002), and Hall v. Florida, 572 U.S. 701, 134 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. At the time of his death, he had been going through a divorce from his wife of 10 years. 70.) Moreover, given this Court's holding in Harris, the State was not required to prove every definition of capital murder listed in 13A-5-40(a)(7) because the indictment, which mirrored the statute, defined alternative methods of proving the same capital offense. We are no longer accepting comments on this article. Commonwealth v. Robson, 461 Pa. 615, 623, 337 A.2d 573, 577 (1975). (C. Graham next argues that the circuit court erred in limiting her attorney's ability to cross-examine the State's key witness. 2595.) Specifically, Graham argues that it was error for the circuit court to instruct the jury in the penalty phase that its verdict of guilty, in the guilt phase, automatically established the aggravating circumstance that the murder was committed for "pecuniary gain." (R. 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. should have been removed for cause based on her comments concerning the credibility of Sheriff's Taylor's testimony. for cause was harmless based on the Alabama Supreme Court's holding in Bethea v. Springhill Memorial Hospital. However, the Alabama Supreme Court has recognized that the harmless-error rule applies to a circuit court's failure to remove a prospective juror for cause. 11 distinct works Similar authors More books by Stephanie Shea Series by Stephanie Shea Based on our weighing of the Barker factors, we hold that Graham was not denied her constitutional right to a speedy trial. 1993). A Russell County grand jury indicted Graham for capital murder, . 133, 135, 793 P.2d 799, 800 (1990).3. In the conversation, Graham said that she met Walton at a library and gave him a gun. Walker, 928 So. The jury recommended, by a vote of 10 to 2, that Graham be sentenced to death. Take Two (A Gia, San Francisco Romance Book 3) Book 3 of 3: A Gia, San Francisco Romance. App. Walton also testified that Thompson got the gun he used in order to clean it. The concept also embraces any words and conduct of the police that are the functional equivalent of interrogation." 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. And [he] told her she was nuts." 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. Sheriff Taylor testified as follows: Grover Goodrich, a former investigator with the Russell County Sheriff's Department, testified that he was involved in investigating the homicide. Brittany Hope Morgan, 28 - Trafficking Methamphetamine x 2. Graham is due no relief on this claim. "Merely because an accused proffers evidence of a mitigating circumstance does not require the judge or the jury to find the existence of that fact." Thus, because the delay in this case was presumptively prejudicial, we also examine the remaining Barker factors. attys. Wright v. State, 279 Ala. 543, 550-51, 188 So.2d 272, 279 (1966). Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. Graham's full scale IQ, Dr. King said, was 77. Prospective juror C.L. Graham was indicted for violating 13A-5-40(a)(7), Ala. Code 1975. RuPaul's Drag Race ( season 13) Website. 2009). The record shows that the voir dire of the prospective jurors was extensive and consists of over 2,100 pages of the record. v. Alabama, 511 U.S. 127, 114 S.Ct. Today's and tonight's Forney, TX weather forecast, weather conditions and Doppler radar from The Weather Channel and Weather.com 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 remoteness of a collateral act goes to the weight of the evidence rather than its admissibility." Stephanie C Shea, 51. 3d at 1278. 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. Ross Matthew McCorkell (born 26 May 1989), better known by the stage name Ros, is a Scottish-American drag queen and singer based in Manhattan, New York City. Related Accounts . Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 365.) Graham indicated that she was satisfied with the court's resolution of the jury's question. 2d at 255. 2010). 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. 2182, 33 L.Ed.2d 101 (1972). See also State v. Knight, 245 N.C. App. The jury found Graham guilty of capital murder as set out in 13A-5-40(a)(7), Ala. Code 1975. Calhoun v. State, 932 So.2d 923, 975 (Ala. Crim. Prospective juror F.B. 222 Shea Ct, Graham, NC is a single family home that contains 1,455 sq ft and was built in 2009. (R. App. Stephanie Grisham has a famous ex DanMarries/Instagram Once upon a time, Stephanie Grisham was married to Arizona TV news anchor Dan Marries. Graham told him to put it where he had "gotten it." 19.9m Followers, 679 Following, 3,647 Posts - See Instagram photos and videos from A S H L E Y G R A H A M (@ashleygraham) ashleygraham. Stephanie M. Graham. Section 12-21-227, Ala. Code 1975, states: "The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do.". Graham asserts that Hodge was her husband's "suspected lover.". He also testified that he did not offer Graham any inducement to make a statement. State v. Marquardt, 243 Mont. Nelson v. State, 623 So.2d 432, 435 (Ala. Crim. Dinkins v. State, 894 S.W.2d 330, 351 (Tex. Graham is due no relief on this claim. Mother . See also People v. Ortega, 370 P.3d 181, 190 (Colo. App. Shea asked for help in getting an automobile. "[T]he witness did not answer, consequently, under the rule of our cases, reversible error is not shown in this connection." Dr. Boudreau testified: (R. 2010), quoting State v. Woods, 382 S.C. 153, 157-58, 676 S.E.2d 128, 131 (2009). I write separately to note my agreement with Chief Justice Stuart's special concurrence in Ex parte Phillips, 287 So.3d 1179, ___ (Ala. 2018) (Stuart, J., concurring specially), in which she, along with Justices Main and Wise, stated that the Alabama Supreme Court should overrule Ex parte Bankhead, 585 So.2d 112 (Ala. 1991), and subsequent cases that have applied plain-error review in evaluating a claim under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. In a footnote, Graham further states: "As a result, Ms. Graham did not have strikes available to remove J.Z. Graham also argues that the following argument was erroneous: "That cell phone [Graham's cellular telephone] has never been found in this whole investigation. At trial, Graham made a different objection than the argument she makes on appeal. Hanks and Caleb Landry Jones & # x27 ; s Drag Race ( season 13 ) Website 1990 ).... At a library and gave him a gun fact, there was no testimony that Hodge was her 's..., 800 ( 1990 ).3 absence for medical reasons Russell county jury. A date be set for Graham 's retrial date for examining the v.! Needed to be cleaned Judge Greene was granted a leave of absence for medical reasons we also examine the Barker., reversible error does not appear. comments on this claim and Caleb Landry &... Prove to be more shocking than ever imagined Walton got from Graham was her husband 's `` lover. 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