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. Graham was convicted of hiring Walton to murder her daughter, Stephanie "Shea" Graham. 2017). 1986). 1991). Miller v. State, 63 So.3d 676, 701 (Ala. Crim. Graham's motive and intent were in dispute at trial. Moore v. Texas, 581 U.S. ___, ___, 137 S.Ct. Isabel Ericksson was drugged, raped and kidnapped. 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. App. 2005). "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. 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. 4002.) We're Back! 2010), quoting State v. Woods, 382 S.C. 153, 157-58, 676 S.E.2d 128, 131 (2009). After Goodrich left the interview room, Sgt. 1995). The Prestigious school where Princes William and Harry were educated is EPHRAIM HARDCASTLE: Prince William's potentially awkward visit to homelessness charity. App. Hemilburger said that he thought Graham was kidding "until she reiterated that she wanted the little bitch dead; that she was tired of spending money for attorney's fees on her." 2019). App. 2005). App. However, this Court has repeatedly relied on the harmless-error rule in death-penalty cases involving the erroneous strike of a prospective juror for cause. 2d at 265, quoting Zumbado v. State, 615 So.2d 1223, 1234 (Ala. Crim. Those exceptions have no application in this case. (C. "[T]he accused may be subjected to a second trial only where the prosecutor can demonstrate manifest necessity for terminating the first trial." Collide: A Flippin' Fantastic Romance. See 13A-5-53(b)(1), Ala. Code 1975. 44-45.) Watson v. State, 398 So.2d 320, 328 (Ala. Crim. Graham next argues that the circuit court erred in denying her motion to suppress her statements to police. 1996). (R. See Sharifi v. State, 993 So.2d 907, 926 (Ala. Crim. In Ex parte Perkins, 851 So.2d 453 (Ala. 2002), the Alabama Supreme Court adopted the most liberal definition of intellectually disabled as defined by those states that had adopted legislation prohibiting the execution of an intellectually disabled defendant. 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. Indeed, Graham meets none of the three factors discussed in Perkins. 1991), held: "[T]he state did not have to prove that appellant benefitted financially from the commission of the offense, only that the crime itself was committed for pecuniary gain." Second, Graham argues that the following argument was improper because, she says, it "denigrated mitigating evidence": Simmons v. State, 797 So.2d 1134, 1162 (Ala. Crim. 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. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. 2007). 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. All rights reserved (About Us). 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. Other formats: Paperback. Posts. See also Blackmon v. State, 7 So.3d 397, 425 (Ala. Crim. at *2-3 (citing (R. If you wanted to analyze the DNA of Finch's story, it's a cross between Wall . 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. App. It's never been located." Ct. 1998) (footnotes omitted). The court stated: 273 Ind. She further argues that she was not given sufficient notice of the crime for which she was to defend against. The circuit court asked both parties if they were satisfied, and both the State and defense counsel indicated that they were satisfied. The circuit court's ruling finding that the marital privilege had been waived is more than supported by the record. App. The prosecutor countered: (R. She cites Rule 504(b), Ala. R. 2597.) When the truth is finally revealed, the identity of her killer will prove to be more shocking than ever imagined. The circuit court cited Sockwell and Henderson when denying Graham's motion for a judgment of acquittal. Graham was placed in an interview room, and police were going to talk to Graham when Kevin asked police if he could go talk with her. 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. 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. 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 having her killed. At trial, Graham made a different objection than the argument she makes on appeal. "); United States v. Smith, 390 F.2d 420, 425 (4th Cir. App. 2005) (opinion on rehearing).7. It contains 3 bedrooms and 2 bathrooms. Eventually the case got underway but had to be called off after Circuit Judge George Greene declared a mistrial in September 2012, saying his health was declining to rapidly to hear the case. The State asserts that this testimony was not hearsay pursuant to Rule 801(d)(1)(B), Ala. R. In other words, Walton sought something of economic value for murdering Shea." 1993). "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." Vasquez then testified that she had spent weekends with the Graham family after she went into foster care and had maintained contact with Shea. Graham was accused of persuading longtime family worker Kenneth Walton to kill daughter Stephanie Shea Graham, who went by Shea. Stephanie M. Graham. Graham frequently spoke of Shea being killed, she said. See 13A-5-49(a)(6), Ala. Code 1975 (aggravating circumstance that murder was committed for pecuniary gain). (R. 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. 1984). The following occurred during Kevin's testimony: (R. Hunt v. State, 659 So.2d 933, 939 (Ala. Crim. Follow. Costello said, he went into the room and spoke to Graham for about 10 minutes. Moreover, the evidence was not due to be excluded because its admission was more prejudicial than probative. 1419, 128 L.Ed.2d 89 (1994). The comments below have been moderated in advance. 1-(888) 41WILLS | 1-888-419-4557. www.grahamestateplanning.com. App. Evid., and the United States Supreme Court case of Blau v. United States, 340 U.S. 332, 71 S.Ct. In Graham's first trial, the circuit court granted Graham's motion to suppress because, it ruled, the conversation was protected by marital privilege.4 However, in the second trial the circuit court denied Graham's motion to suppress after finding that Graham knew that her conversation with her husband was being recorded; therefore, the court concluded, the conversation was not a confidential marital communication. Next, Graham argues that death-qualifying the prospective jurors resulted in a conviction-prone jury and disproportionately excluded minorities and women. The identity of her killer will prove to be more shocking than ever imagined. 2017). They showed up at 6:30 PM but the Grahams weren't there. 80.) Walton retrieved the gun while Shea was behind one of the truck doors using the bathroom. Later during voir dire, the following occurred: (R. Moments later, the following occurred: "Unlike the right to counsel under the Sixth Amendment, which attaches automatically, the Fifth Amendment right to counsel will attach only when affirmatively invoked by the accused." Prosecutors say Lisa Graham wanted her daughter killed because she felt that she was destroying her marriage and ruining her life. Buy newspaper front pages, posters and more. 2085-87.) 1993). (R. Ex parte Slaton, 680 So.2d 909, 924 (Ala. 1996). The following discussion then occurred: (R. African-American prospective juror R.H. indicated that she had previously served on a criminal jury. gen., for appellee. Uptain v. State, 534 So.2d 686, 687 (Ala. Crim. As she was squatting beside the truck, Walton pulled out the 9mm pistol and shot her six times, twice in the head, leaving her bullet-riddled body with her pants around her ankles. The Zestimate for this house is $319,000, which has increased by $6,897 in the last 30 days. "`While Lockett and its progeny require consideration of all evidence as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority.' The record clearly establishes that Graham is not intellectually disabled as that term was defined by the Alabama Supreme Court in Perkins. The indictment charged: The indictment tracked the language of the statute. Third, Graham was first granted bond in September 2010 well before the date she cites in her brief to this Court. We further stated: In discussing the sufficiency of the evidence to sustain a conviction, this Court has stated: Ex parte Woodall, 730 So.2d 652, 658 (Ala. 1998). More than 2,300 days have passed since Stephanie Shea Graham's lifeless body was found on Bowden Road, between U.S. 431 and Alabama 165 near Pittsview, Ala. Arizona v. Washington, 434 U.S. 497, 505-06, 98 S.Ct. Graham then filed a similar petition in the Alabama Supreme Court. Stephanie Mills Graham, currently interim general counsel for Northwestern University, has been appointed the new vice president and general counsel for the University, effective June 17, Northwestern President Morton Schapiro announced today (June 18). Sentencing was scheduled for May this year, but delayed so Graham's mental state could be examined. 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." 4241.) (R. 2005). (R. 23.) (C. 1993), quoting in turn McCallum v. State, 407 So.2d 865, 868 (Ala. Crim. Graham is entitled to no relief on this claim. Authorities say that on. Graham also believed that Shae was having an affair with her husband, as the two always took the same side in arguments which was driving their marriage apart. 497 So. "`Neither the Alabama Rules of Evidence nor Alabama caselaw sets a specific time limit for when a collateral act is considered too remote, other than a conviction for impeachment purposes.'" 2580.) State v. Aten, 130 Wn.2d 640, 664, 927 P.2d 210, 222 (1996). 1758, 90 L.Ed.2d 137 (1986), held that prospective jurors in a capital-murder case may be "death-qualified." A stripper and prostitute with an alcohol dependency and several different drug addictions, she was hardly the apple of mommy's eye. Reed v. State, 227 S.W.3d 111, 115 (Tex. Alabama Supreme Court, 664, 927 P.2d 210, 222 ( 1996 ) will prove to be because! Case May be `` death-qualified. resulted in a capital-murder case May be `` death-qualified. S.E.2d,..., 63 So.3d 676, 701 ( Ala. Crim and Henderson when denying Graham motion! 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