1993); Harris v. State, 632 So.2d 503 (Ala. Crim. For the foregoing reasons, we find no reversible error in the prosecutor's comments. 1986, 188 L.Ed.2d 1007 (2014). The next day, Sheriff Taylor met with Kenny Walton, and Walton confessed that he had been hired by Graham to kill Graham's daughter. There was no proof at trial that a different crime was committed from the one charged in the indictment; therefore, there was no fatal variance in this case. Graham next argues that the prosecutor's improper arguments constituted an "improper exhortation [for the jury] to convict." Graham then filed a similar petition in the Alabama Supreme Court. Death 05 July 2007 - Russell County, Alabama, USA. The Gunman was Walton, and the name of her daughter was Stephanie Shea Graham. 1712, 90 L.Ed.2d 69 (1986). '"); People v. Merrihew, 755 N.Y.S.2d 462, 463, 301 A.D.2d 970, 971 (2003) ("[T]he criminal action is deemed to have recommenced, thus triggering the speedy trial clock, when a mistrial is declared and a new trial is ordered."); Jones v. State, 846 So.2d 1041, 1045 (Miss. 1993), quoting in turn McCallum v. State, 407 So.2d 865, 868 (Ala. Crim. 3075.) He told her that he could not talk to her until she had been notified of and waived her Miranda rights. She argued that the State had failed to prove that any money exchanged hands for the murder. 222 Shea Ct, Graham, NC is a single family home that contains 1,455 sq ft and was built in 2009. Knight v. State, [Ms. CR-16-0182, August 10, 2018] ___ So. 1993). 1981). 2008). Super. 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. 547, 557, 27 S.W.2d 543 (1971)(plurality opinion)(Harlan, J.) 488, 502, 598 A.2d 813, 820 (1991). Wednesday's sentencing is not the end of the story, as Graham is expected to appeal, a process that will add new chapters to what even veterans of the criminal justice system found to be a sordid. The comments below have been moderated in advance. App. "); Commonwealth v. Hunter, 381 Pa.Super. Larry v. State, 266 Ga. 284, 286, 466 S.E.2d 850, 853 (1996). Watson v. State, 398 So.2d 320, 328 (Ala. Crim. App. Graham is due no relief on this claim. Court of Criminal Appeals of Alabama.https://leagle.com/images/logo.png. See Norton, supra. 1990). Facebook gives people the power. 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. Bigham v. State, 23 So.3d 1174, 1177 (Ala. Crim. (R. Other states have reached this same conclusion. 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. 2001). 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." 2d at 381. 2464, 91 L.Ed.2d 144 (1986)." Graham is entitled to no relief on this claim. and B.V., who both said they would expect Ms. Graham to testify and make her `voice heard.'" Third, Graham was first granted bond in September 2010 well before the date she cites in her brief to this Court. 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. 1995) (opinion on return to remand). The record shows that in May 2013 Graham moved that the charges against her be dismissed based on double-jeopardy grounds. A stripper and prostitute with an alcohol dependency and several different drug addictions, she was hardly the apple of mommy's eye. No count of the indictment charged that Graham had hired Walton to kill Ieisha Hodge. Authorities said she had been shot six times. The following discussion then occurred: (R. 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). Evid., and was admissible. App. 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. 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 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." A lengthy hearing was held on this motion. (R. 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. 1. was compounded because, she says, the court did not give a limiting instruction on the use of the evidence. (Emphasis added. Uploaded: 09 Apr, 2011. Related Accounts . "[T]he [Ex parte] Watkins[, 509 So.2d 1074 (Ala. 1987),] Court established that when nothing in the record supports the bare allegation that a constitutional violation occurred, a court cannot find plain error." 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. 2954, 57 L.Ed.2d 973 (1978), held that a court must consider all evidence submitted by a capital-murder defendant in mitigation. indicated on their juror questionnaires that they had close relatives that had convictions. An east Alabama woman convicted of hiring a hit man to kill her daughter was sentenced to death on Wednesday, according to news reports. In People v. Clemons, 89 P.3d 479 (Colo. App. Community Rules apply to all content you upload or otherwise submit to this site. App. Graham did not file any motion for a speedy 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. The Rent Zestimate for this home is $1,617/mo, which has increased by $5/mo in the last 30 days. indicated during voir dire examination that she had been good friends with Sheriff Taylor for many years. (R. Stephanie Graham's Tweets. Cleveland house of horrors captives and Nicolas Cage join Three transient 'tweakers' accused of murdering tantric yoga Morgan Freeman trying to stop deadbeat dad of his slain King Charles hosts von der Leyen at Windsor Castle, AFA president gives passionate rant speaking about student debt, Gabor Mat: No Jewish state without oppressing local population, Amplified jet stream could lead to 'disruptive snow in places', Dashcam captures moment two cars collide on a roundabout, Putin orders intelligence service to find 'scum' who oppose him, Putin spy plane before being 'destroyed by pro-Ukraine Belarus group', Police search allotment sheds for Constance Marten's missing baby, Huge urgent police search for missing baby of Constance Marten, Moment police swooped to arrest Constance Marten's boyfriend, Police: Constance and lover arrested on suspicion of manslaughter, Moment supermarket cashier is attacked at work in New York. 2003). 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." Graham is due no relief on this claim. At trial, Graham made a different objection than the argument she makes on appeal. 2d at 859. 3. In July of that year, Graham conspired to have her daughter killed by family worker and long-time friend Kenny Walton. Miller v. State, 63 So.3d 676, 701 (Ala. Crim. 1958)." Graham is due no relief on this claim. Graham's sentence was not. See 13A-5-49(a)(6), Ala. Code 1975 (aggravating circumstance that murder was committed for pecuniary gain). 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."). (R. "[T]he witness did not answer, consequently, under the rule of our cases, reversible error is not shown in this connection." Sgt. Sheriff Taylor said that an officer came to his office during the interview to tell him that Graham wanted to talk to him "to tell me the truth." 311, 314-17, 699 S.E.2d 671, 674-76 (2010). The conversation consisted mostly of the two questioning why Graham was asked to the police station. 2242, 153 L.Ed.2d 335 (2002), and Hall v. Florida, 572 U.S. 701, 134 S.Ct. App. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. State v. Powers, 654 N.W.2d at 679. This holding was extended to white defendants in Powers v. Ohio, 499 U.S. 400, 111 S.Ct. 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. App. 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. 3,647 posts. 160-161. Haisten v. State, 50 Ala. App. E.P. 1994). Prosecutors say Lisa Graham wanted her daughter killed because she felt that she was destroying her marriage and ruining her life. Nonetheless, we reach the same holding that this Court reached when it issued its order denying Graham's mandamus petition. Bedsole v. State, 974 So.2d 1034, 1040 (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. 2013)(table). Here, at the beginning of the jury instructions, the court read the indictment to the jury. 2644.) The identity of her killer will prove to be more shocking than ever imagined. 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. Billy: The Early Years: Directed by Robby Benson. Posts. For these reasons, we find no plain error. Dinkins telephoned emergency 911, and shortly thereafter Russell County sheriff's deputies arrived on the scene. Graham also argues that the death penalty violates the Eighth Amendment's bar against cruel and unusual punishment. 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. Background Stephanie 'Shea' Graham was born on February 9, 1987. There is no evidence indicating that police used Graham's husband as a ploy to make Graham confess. Graham's full scale IQ, Dr. King said, was 77. 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. (R. (R. A Texas Court of Appeals in Molina v. State, 450 S.W.3d 540, 547 (Tex. attys. See also Annot., Judgment Granting or Denying Writ of Mandamus or Prohibition as Res Judicata, 21 A.L.R. Therefore, Miranda warnings were not necessary. In a footnote, Graham further states: "As a result, Ms. Graham did not have strikes available to remove J.Z. They revealed that the plan had started in Las Vegas. Marcum v. State, 39 Ala. App. See 13A-5-55, Ala. Code 1975. gen., and Stephen M. Frisby (withdrew 01/11/2019) and Audrey K. Jordan , asst. However, the quote that Graham cites in her brief is not from the main opinion in Boone but from Justice Shaw's special concurrence. Her lawyers have since lodged another appeal for a retrial, but for the time being Graham becomes Alabama's fifth woman on death row. (R. Known for. Graham next argues that the circuit court erred in failing to "meaningfully consider" a mitigating circumstance. Hathaway v. State, 399 P.3d 625, 629 (Wyo. 2677.). 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. 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). (C. (State's brief at p. Listed below are the cases that are cited in this Featured Case. On multiple occasions, after that date, Walton said, Graham asked him to kill Shea. 3481. The native Arizonian cut her teeth working for state lawmakers and on Sen. Mitt Romney's unsuccessful. And [he] told her she was nuts." "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." In fact, there was no testimony that Hodge was dead. Uptain v. State, 534 So.2d 686, 687 (Ala. Crim. There was no error in the above argument made by the prosecutor in closing. 1201.) 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. First, Graham argues that the following argument was improper because, she says, it was a comment on the fact that she did not testify. App. Inside Frogmore Cottage: Plush home Harry and Meghan have been 'evicted' from by King Charles boasts a roomy A royal princess at Eton? 3d at 1278. The State also argues that the circuit court's instructions were accurate and did not constitute error because the term "valuable consideration" was a term that was easily understood and that a circuit court does not err in failing to define every term in its jury instructions. 2001). See Rule 45A, Ala. R. App. (C. Died: July 6, 2007 (aged 20) Born: February 9, 1987 . Luther Strange and Steve Marshall , attys. Walker told his girlfriend that they had told them they were to "make themselves at home" if they (the Grahams) weren't back yet from fishing. App. @stephgraham99 . App. Everyone knows who he is. "Criminal trials are adversary proceedings and not social affairs. Left to die alone like an animal: Parents who left 23-stone disabled daughter to die in her own filth are Holiday home owners in Scotland face new SNP tax hike under plans from front-runner to be new First Scotland should just self-identify as an independent country, one SNP member proposed. With these principles in mind, we review the claims raised by Graham in her brief to this Court. It lacks the finality of a judgment, and means that the trial itself was a nullity.'"). Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. Authorities said she had been shot six times. App. The prosecution offered all the suspects a deal: confess, and have the death penalty taken off the table. The circuit court stated that "it doesn't have to necessarily be money" and denied the motion. 2005). The State argues that in Haney v. State, 603 So.2d 368 (Ala. Crim. 2d at 24-25 (emphasis added). 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. 504, 506, 280 So.2d 209, 211 (1973). On July 26, 2013, Graham filed a petition for a writ of mandamus in this Court attacking the circuit court's ruling denying her motion to dismiss. All rights reserved (About Us). 2d at 265, quoting Zumbado v. State, 615 So.2d 1223, 1234 (Ala. Crim. Arizona v. Washington, 434 U.S. 497, 505-06, 98 S.Ct. Graham answered: "Because they're recording everything we're saying." App. Graham (pictured in 2007 at the time of her arrest) also believed Shae was having an affair with her husband as the two always sided together in arguments, which was driving their marriage apart. Indeed, she did not confess during her conversation with her husband. About 30 minutes after Kevin entered the room to talk to Graham, Sheriff Taylor entered the room with a standard waiver-of-rights form. 2939.) Here, immediately after entering the interview room to speak to his wife, Kevin asked why they were in a room by themselves. App. 1998). The circuit court correctly allowed the prospective jurors to be death-qualified concerning their views on capital punishment. Kevin entered the interrogation room where Graham was located and the two had a lengthy discussion before police formally questioned Graham. Investigation Discovery is airing a one-off special featuring the murder of Stephanie 'Shea' Graham, who was brutally murdered in rural Alabama by hired stooge Kenneth Walton. Exhortation [ for the murder prosecution offered all the suspects a deal:,! R. Other states have reached this same conclusion during voir dire examination that she was destroying marriage. U.S. 701, 134 S.Ct mind, we review the claims raised by Graham in brief! 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