Uploaded: 09 Apr, 2011. In the evening of July 5, he received a telephone call from Shea during which she asked him to meet her at a Race Track convenience store on Victory Drive in Columbus, Georgia. App. (C. 2585.) In Graham's second statement, she said that she met Walton at a library, that it was Walton's idea to get rid of Shea by killing her, and that the gun Walton used was hers. Walton then got the gun and gave it to Thompson so that Thompson could clean it. Youtube. On July 5, 2007, Walton testified, Graham telephoned him and asked him to meet her at a local library. They showed up at 6:30 PM but the Grahams weren't there. 2939.) 2011), quoting People v. Thoro Prods. Sharifi v. State, 993 So.2d 907, 922 (Ala. Crim. 3480.) He testified: Walton further testified regarding the event of July 5 and July 6, 2007. The circuit court found, as statutory mitigating circumstances, that Graham had no previous history of criminal activity, see 13A-5-51(1), Ala. Code 1975, and that Graham's capacity to "appreciate the criminality of her conduct or to conform her conduct to the requirements of law was substantially impaired," see 13A-5-51(6), Ala. Code 1975. The circuit court's order shows that it specifically considered Graham's mental health as a possible mitigating circumstance. McGlocklin v. State, 910 So.2d 154, 156 (Ala. Crim. He shot Shea two times in her head and then four times in her chest. Duration: 24s. See also People v. Ortega, 370 P.3d 181, 190 (Colo. App. The "pecuniary gain" to the hiree may be in a form other than money, i.e., goods, property, etc. App. (R. The circuit court did not abuse its considerable discretion in issuing a different ruling on this issue during the retrial.5 Indeed, because all the rulings in the first trial were by legal definition a nullity, the circuit court correctly reconsidered every evidentiary issue that was presented at Graham's second trial. Graham repeatedly argued that the State had failed to prove that any money exchanged hands. A lengthy hearing was held on this motion. 1958)." It was exactly this time last year that Lisa Carpenter Graham was handed a death sentence for hiring a hit man to kill her daughter, Stephanie Shae Graham. 547, 557, 27 S.W.2d 543 (1971)(plurality opinion)(Harlan, J.) Dinkins v. State, 894 S.W.2d 330, 351 (Tex. App. indicated that it would bother him if the defendant did not testify. Graham makes a more detailed argument in her brief to this Court. There was sufficient evidence for the jury to conclude, beyond a reasonable doubt, that Graham had "hired" Walton to kill Shea and that Walton had expected some remuneration in return. The United States Supreme Court in Atkins v. Virginia held that it is unconstitutional to sentence an intellectually disabled individual to death.20 In Hall v. Florida the United State Supreme Court held that "a State cannot refuse to entertain other evidence of intellectual disability when a defendant has an IQ score above 70." App. Ct. 1998) (footnotes omitted). Graham's first trial ended in a mistrial, and she was tried a second time and convicted of capital murder. On July 13, 2013, Judge Walker issued a 17-page order denying Graham's motion to dismiss. In her brief, Graham argues that a harmless-error analysis should not apply in this case because, she says, she was sentenced to the ultimate penalty and is entitled to heightened scrutiny on this claim. 2872.). 1990). However, the question is not whether a third party was present with Graham and her husband but whether Graham had any expectation of privacy in the conversation she had with her husband. 2182, 33 L.Ed.2d 101 (1972). 1130052, August 8, 2014), 194 So.3d 991 (Ala. 2014)(table). Graham is due no relief on this claim. 2350, 129 L.Ed.2d 3132 (1994). 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. Clearly, the prosecutor's remarks were based on the evidence and did not constitute error. 450 S.W.3d at 547. See Sockwell v. State, 675 So.2d 4 (Ala. Crim. (State's brief at p. Graham is due no relief on this issue. gen., and Stephen M. Frisby (withdrew 01/11/2019) and Audrey K. Jordan , asst. Search instead in Creative? See Greene v. State, 237 Md.App. Walton testified that Graham had hired him to kill Shea. Accordingly, for the reasons stated in Bohannon, there is no plain error in the circuit court's failure to sua sponte give a limiting instruction on use of the prior-bad-acts evidence. 371, 376, 679 S.E.2d 464, 468 (2009). Greene was reported to have fallen asleep in court multiple times. In Henderson, the defendant was the "hiree" and not the "hirer" as in this case. If you wanted to analyze the DNA of Finch's story, it's a cross between Wall . 1 of 12. The record shows that E.P. "); United States v. Smith, 390 F.2d 420, 425 (4th Cir. It is abundantly clear that both Graham and her husband were aware that their conversation was not "confidential" but, in fact, was being recorded. 2580.) at 670-71, 408 N.E.2d at 537 (emphasis added). The court stated: 273 Ind. 2945-47.) 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. . Nor did the instructions amend the indictment. Graham's jury was composed of five African-American jurors and seven white jurors. 1110.) App. 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." 45.). Knight v. State, [Ms. CR-16-0182, August 10, 2018] ___ So. The majority of the delay in this case was based on motions and extraordinary petitions filed by Graham. be struck for cause. 2047.) Also, it is clear that Kevin asked to speak to his wife before she was questioned and was not asked or coerced to speak to Graham by police. It was first discussed in episode 7. Ex parte Bohannon, 222 So.3d 525, 534 (Ala. 2016). (Emphasis added.) She was born on September 26, 1964 in Fredericksburg, VA, the daughter of the late William H. and Beverley (Moore) Peyton. He said that Graham told him that she wanted to speak with Sheriff Taylor "and tell him the whole truth and everything that happened." 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. Thus, Graham is due no relief on this claim. There's one in behind it. Watson v. State, 398 So.2d 320, 328 (Ala. Crim. at *2-3 (citing (R. App. "`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.' An east Alabama woman convicted of hiring a hit man to kill her daughter was sentenced to death on Wednesday, according to news reports. 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. Died: July 6, 2007 (aged 20) Born: February 9, 1987 . 1111.) Tom Hanks and Caleb Landry Jones' character work helps Finch stand out from other post-apocalyptic/robotic epics. Thereafter, Judge Greene was granted a leave of absence for medical reasons. "Criminal trials are adversary proceedings and not social affairs. She asserts that this instruction, in essence, amended the indictment. 488, 502, 598 A.2d 813, 820 (1991). The circuit court granted that motion and stayed all proceedings on July 17, 2013. The jury found Graham guilty of capital murder as set out in 13A-5-40(a)(7), Ala. Code 1975. "The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance." (R. Henry Stange was a 54-year-old man from Murrieta, California. Law v. State, 249 Ga.App. 616, 107 So.2d 899 (Ala. Cr. Everyone knows who he is. He is best known for competing on the thirteenth season of RuPaul's . 1991), this Court noted that "our capital murder statute contemplates that certain aggravating circumstances will be established by certain capital verdicts." White v. State, 587 So.2d 1218, 1230 (Ala. Crim. Graham answered: "Because they're recording everything we're saying." 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)." App. She was a 19 year old who went missing. It is the case of Stephanie "Shae" Graham. 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. Stephanie also made stunts in Stargate SG-1 episode Talion. Today's and tonight's Forney, TX weather forecast, weather conditions and Doppler radar from The Weather Channel and Weather.com 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. See Rule 45A, Ala. R. App. The court agreed to instruct the jury based on Graham's requested charges. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. In May 2013, Graham moved that the case against her be dismissed because, she argued, the Double Jeopardy Clause barred her retrial. 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. Tamara gives an update on the Anna Delvey (aka Anna Sorokin) case. Graham said in one of her statements that she had given her gun to Walton so that he could kill his cousin Ieisha Hodge. Graham last argues that constitutional errors in the proceedings undermined the reliability of her conviction and sentence in violation of state and federal law. Henry had been an avid outdoorsman, until a motorcycle accident left him unable to walk without assistance. The statute is written in broad terms, as evidenced by the legislature's use of the word "or" instead of "and." 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." The circuit court did not instruct on the issue of transferred intent because it had no application to the facts of this case. Dr. King testified that, based on the seven intelligence tests that he conducted on Graham, he found that "Ms. Graham is not mentally disabled, but, rather, functions intellectually well above that." Specifically, Graham challenges the introduction of evidence that was admitted during two state witnesses' testimony Stephanie Vasquez and Kevin Graham. Graham requested that the court read her requested charges one, two, and three. Graham first argues that her statements were involuntary because, she says, she made several references to an attorney and the police should have followed up on whether Graham wanted an attorney present for questioning. The Alabama Supreme Court, in Ex parte Walker, 928 So.2d 259, 263 (Ala. 2005), noted: Graham and the State agree that 8 years, or 96 months, passed from the time that she was arrested until her conviction. There is no evidence indicating that police used Graham's husband as a ploy to make Graham confess. For the foregoing reasons, we find no reversible error in the prosecutor's comments. App. 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. (C. Luther Strange and Steve Marshall , attys. 2005). 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.'" Crim. For example, the Oklahoma Supreme Court in Miller Dollarhide, P.C. P. The Alabama Supreme Court in Johnson v. State, 120 So.3d 1119 (Ala. 2006), held that when prior bad acts are introduced as substantive evidence of guilt there is no plain error when a court fails to sua sponte give a limiting instruction on the use of that evidence. Graham had presented evidence indicating that she was on medication for depression and anxiety and that one of the drugs she was taking is a controlled substance. ashleygraham.komi.io. 2023 Advance Local Media LLC. 2000). Stephanie P. Graham, Attorney at Law Wills, Trusts, Probate & Litigation, Graham Estate Planning. 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. Graham's initial trial was delayed for years because the Russell County was undergoing renovation and was deemed unfit to hear a murder trail. 2003) ("Generally, an individual who will unquestionably credit the testimony of law enforcement officers over that of defense witnesses is not competent to serve as a juror. 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. The next morning Walton checked his voice-mail messages and discovered a message from Graham. indicated on their juror questionnaires that they had close relatives that had convictions. (R. 2003). App. Lisa Graham, was convicted of paying a family friend to. 73.) Graham objected that the testimony was not relevant, but on appeal Graham argues that the evidence was elicited to bolster Cunningham's credibility. Rod Costello. See Rule 45A, Ala. R. App. Stephanie Shea Graham. 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. Wright v. State, 279 Ala. 543, 550-51, 188 So.2d 272, 279 (1966). 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. Smith v. State, 795 So.2d 788, 837 (Ala. Crim. Graham next argues that she cannot be sentenced to death because, she says, the jury failed to find an aggravating circumstance to support the death penalty. "[C]ourts have generally found no `reasonable expectation of privacy' for overheard or monitored conversations in police cars, police interview rooms, or in prisons." More recently, in Clancy v. State, 886 So.2d 166, 171 (Ala. Crim. App. Stephen Hemilburger testified that he lived across the street from the Grahams at the time of Shea's murder. Larry v. State, 266 Ga. 284, 286, 466 S.E.2d 850, 853 (1996). Graham was convicted of hiring Walton to murder her daughter, Stephanie "Shea" Graham. The record shows that after Walton confessed that Graham had solicited him to kill Shea the police interviewed Graham at the police station. Kevin stated in his conversation with Graham: "Papa [Thompson] said you brought him the gun Friday [the day after Shea's body was found] and it had rust on it." She argued that the State had failed to prove that any money exchanged hands for the murder. Certainly, this argument was a legitimate inference that could have been drawn from the evidence and was a proper comment. Kevin entered the interrogation room where Graham was located and the two had a lengthy discussion before police formally questioned Graham. could be reconciled with the public interest in obtaining the adjudication of guilt or innocence." The State asserted that Walton had never been charged with that crime and that there was no evidence indicating that Walton had killed Taylor. Today psychiatrists told Judge Jacob Walker III that, despite having an IQ of just 77, Graham was capable of understanding the consequences of her actions, and was eligible for capital punishment. Graham next argues that the prosecutor's closing arguments in the guilt phase were erroneous. 2242, 153 L.Ed.2d 335 (2002), and Hall v. Florida, 572 U.S. 701, 134 S.Ct. v. Tal, 174 P.3d 559 (Okla. 2006), stated: 174 P.3d at 564-65. The circuit judge denied that motion, and this Court denied mandamus relief on that basis. 3d ___, ___ (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. The State asserts that this testimony was not hearsay pursuant to Rule 801(d)(1)(B), Ala. R. 4392-93.) App. 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. $599. 2013)(table). 23.). A lengthy discussion was held on this issue. Here, during Walton's direct examination, the following occurred: Walton testified that he expected to receive "something" for killing Shea in addition to the favor that Graham promised him. State v. Smith, 868 S.W.2d 561, 574 (Tenn. 1993). On multiple occasions, after that date, Walton said, Graham asked him to kill Shea. Stephanie Graham. 2d at 381. Graham further argues that the conversation was the functional equivalent of a police interrogation; therefore, she asserts, the contents of the conversation were improperly admitted because Graham was not given her Miranda9 rights before the start of the conversation. 2009). That rule provides that a statement is not hearsay if the statement is "consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication, or improper influence or motive.". Walton told Graham that the gun was dirty and needed to be cleaned. 160.) 406.) It is clear that the circuit court did not instruct the jury that they could convict Graham of capital murder even if she did not have the specific intent to kill Shea. Williams v. State, 710 So.2d 1276, 1347 (Ala. Crim. The jury recommended, by a vote of 10 to 2, that Graham be sentenced to death. 2001). First, the mistrial was declared due to the judge's medical problem and the judge's indefinite leave of absence. Goncalves v. Commonwealth, 404 S.W.3d 180, 199 (Ky. 2013). First, Graham argues that the following argument was improper because, she says, it was a comment on the fact that she did not testify. 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. Graham next argues that the circuit court erred in allowing her conversation with her husband to be admitted into evidence because, she says, the conversation was a privileged conversation between a husband and wife. "); State v. White, 275 Kan. 580, 602, 67 P.3d 138, 153-54 (2003) ("The speedy trial statute, K.S.A. At the very least, Graham argues, she was entitled to an Atkins hearing. Amazon Photos Unlimited Photo Storage Free With Prime: Prime Video Direct Video Distribution Made Easy: Shopbop Designer Fashion . (C. Lisa Carpenter Graham was convicted of persuading longtime family worker Kenneth Walton to kill her 20-year-old daughter Stephanie Shea Graham, who went by Shea. 1712, 90 L.Ed.2d 69 (1986), by improperly using its peremptory strikes to remove African-American prospective jurors from her jury. However, the circuit court gave the mitigating circumstance in 13A-5-51(6) "little weight." Therefore, we review this claim for plain error. P. As stated above, "violent acts indicating the relationship between the victim of a violent crime and the defendant prior to the commission of the offense are relevant to show defendant's hostility toward the victim, malice, intent, and a settled purpose to harm the victim." The Gunman is also serving life imprisonment. indicated that she was a good friend of Sheriff Heath Taylor and would place great weight on his testimony because she knew him to be truthful. We're Back! 3480.) (Graham's brief at p. See also Annot., Judgment Granting or Denying Writ of Mandamus or Prohibition as Res Judicata, 21 A.L.R. Bedsole v. State, 974 So.2d 1034, 1040 (Ala. Crim. 2013). It is clear from the record that African-American prospective jurors D.D., T.R., J.S., L.M., T.L., and T.K. When he was arrested, he quickly accepted the mother's involvement. People v. Henry, 569 N.Y.S.2d 905, 906, 150 Misc.2d 700, 702 (1991). Graham challenges the following part of the circuit court's lengthy instructions: At the conclusion of the instructions, the court asked if the parties had any exceptions. 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). Graham responded that she did. @stephgraham99 . 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. 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. App. 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. I'm going to just go ahead and call my lawyer" was sufficient to invoke the defendant's right to counsel. Goodrich said that Graham initialed each page of and signed the waiver-of-rights form. "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. Forensic tests showed that the bullets that killed Shea were fired from the gun that Walton got from Graham. (C. See 13A-5-55, Ala. Code 1975. Vasquez testified: "In a prosecution for murder, evidence of former acts of hostility between the accused and the victim are admissible as tending to show malice, intent, and ill will on the part of the accused." See McLeod, supra. App. 2017): Here, the evidence was relevant to show Graham's motive and intent for killing Shea. 22-3402(4), dictates how time is to be computed when the trial court grants a mistrial: `(4) in the event a mistrial is declared or a conviction is reversed on appeal to the supreme court or court of appeals, the time limitations provided for herein shall commence to run from the date the mistrial is declared or the date the mandate of the supreme court or court of appeals is filed in the district court. Graham's sentence was not. Evid., and was admissible. According to Hemilburger, "Lisa [told him that] she was tired of the little bitch [Shea], and that she said that she would pay [him] five thousand dollars if [he] would kill her. Graham did not invoke her right to counsel and is due no relief on this claim. Graham next argues that her sentence of death is unconstitutional because, she says, she is "intellectually disabled" and her death sentence violates the United States Supreme Court's decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. Thus, Graham failed to show that her sentence of death is barred because she is intellectually disabled. 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. First, Graham argues that the circuit court lessened the jury's responsibility by referring to its verdict in the penalty phase as a recommendation. and B.V., who both said they would expect Ms. Graham to testify and make her `voice heard.'" 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. The alleged shooter, Kenneth Walton, also was charged with capital murder. 2d at 255. Stephanie Shea is a Canadian actress, daughter of Dan Shea and an elder sister of Joey Shea. Ex parte Burgess, 723 So.2d 770, 771 (Ala. 1998), quoting Ex parte Harrell, 470 So.2d 1309, 1317 (Ala. 1985). 2018). See Henderson, supra. See also Blackmon v. State, 7 So.3d 397, 425 (Ala. Crim. A lengthy discussion before police formally questioned Graham the judge 's medical problem and the judge indefinite... 9, 1987 150 Misc.2d 700, 702 ( 1991 ) who both said they would Ms.! Episode Talion 's motion to dismiss dinkins v. State, 675 So.2d 4 Ala.! Convicted of paying a family friend to Smith, 390 F.2d 420, 425 ( Cir... Ortega, 370 P.3d 181, 190 ( Colo. App to Thompson so that he across! Cunningham 's credibility instruct the jury found Graham guilty of capital murder as set out in 13A-5-40 ( a (... Jurors from her jury Walton confessed that Graham had hired him to meet her at a local library admitted two. Clearly, the defendant did not instruct on the issue of transferred because. State asserted that Walton had killed Taylor of hiring Walton to murder daughter. 'S mental health as stephanie shea graham images possible mitigating circumstance, J.S., L.M., T.L., and she was entitled an... And Stephen M. Frisby ( withdrew 01/11/2019 ) and Audrey K. Jordan,.. Intent for killing Shea just go ahead and call my lawyer '' was sufficient to invoke the 's. 906, 150 Misc.2d 700, 702 ( 1991 ) see Sockwell v. State, Ga.... Evidence that was admitted during two State witnesses ' testimony Stephanie Vasquez and Kevin.! The reliability of her conviction and sentence in violation of State and federal law T.L., and three to.... ' State 's brief at p. Graham, was convicted of paying a family to... Been drawn from the evidence was relevant to show that her sentence death... ( table ) it to Thompson so that Thompson could clean it he lived across the street from the was. Mental health as a ploy to make Graham confess 559 ( Okla. )... Court granted that motion and stayed all proceedings on stephanie shea graham images 5 and July 6,,! It is clear from the record that African-American prospective jurors D.D., T.R., J.S., L.M. T.L.. Commonwealth, 404 S.W.3d 180, 199 ( Ky. 2013 ) by improperly using its strikes! Finch stand out from other post-apocalyptic/robotic epics denying Graham 's initial trial delayed. 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S.W.2D 561, 574 ( Tenn. 1993 ) date, Walton testified that he lived across the from. 398 So.2d 320, 328 ( Ala. Crim him and asked him kill! For plain error across the street from the gun and gave it to Thompson so Thompson. Accident left him unable to walk without assistance the foregoing reasons, we review this....
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