Thus, because the delay in this case was presumptively prejudicial, we also examine the remaining Barker factors. 4241.) Stephanie Graham's Tweets. We note that the jury instructions in Ex parte Phillips, 287 So.3d 1179, 1195 (Ala. 2018), stated: "To convict, the State must prove beyond a reasonable doubt each of the following elements of intentional murder of two or more persons that in committing the act that caused the deaths of both [Erica] and Baby Doe, the defendant intended to kill the deceased or another person." (R. (R. With these principles in mind, we review the claims raised by Graham in her brief to this Court. Facebook gives people the power to share and makes the world more open and connected. The circuit court did not instruct on the issue of transferred intent because it had no application to the facts of this case. Graham is due no relief on this claim. Graham further argues that the doctrine of transferred intent has no application to capital cases where the intent to kill must be real and specific. However, we have examined the record and find no evidence indicating that the jury that convicted Graham was biased or impartial. (R. "The reasons for this rule is that such evidence is hearsay and is inadmissible unless an exception can be found." They showed up at 6:30 PM but the Grahams weren't there. When the truth is finally revealed, the identity of her killer will prove to be more shocking than ever imagined. For the foregoing reasons, we find no reversible error in the prosecutor's comments. 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. State v. Smith, 868 S.W.2d 561, 574 (Tenn. 1993). Graham argues that her constitutional right to a speedy trial was violated because, she says, more than eight years elapsed between her arrest and her conviction. Smith v. State, 795 So.2d 788, 837 (Ala. Crim. App. Moreover, even if the three words in the instructions "or another person" were erroneous, that error would be harmless beyond a reasonable doubt. 133, 135, 793 P.2d 799, 800 (1990).3. App. 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.'" The jury, by a vote of 10 to 2, recommended that Graham be sentenced to death. Search instead in Creative? They also had a son named Kevin Jr., and the Graham's appeared to be a very close family. Shea was murdered on July 5, 2007, Graham was arrested on July 8, 2007, and Graham was indicted on October 20, 2007. 1993); Harris v. State, 632 So.2d 503 (Ala. Crim. "The remoteness of a collateral act goes to the weight of the evidence rather than its admissibility." (R. Marcum v. State, 39 Ala. App. 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). Graham was indicted and convicted of hiring Kenneth Walton to murder her daughter, an offense defined as capital by 13A-5-40(a)(7), Ala. Code 1975, thereby punishable by death. 73.) In 2007, after a night out with friends, 20 year old Stephanie Shea Graham fails to return home. Thus, Graham is due no relief on this claim. Co., 45 P.3d 737, 745 (Colo. App. Stephanie also made stunts in Stargate SG-1 episode Talion. Thus, we review this issue for plain error. 4271.) Steph Graham is on Facebook. State v. Cole, 286 Or. (C. 2001). Graham next argues that she was entitled to a jury instruction on "valuable consideration." 411, 424, 595 P.2d 466, 473 (1979). Brittany Hope Morgan, 28 - Trafficking Methamphetamine x 2. Coco butter is best for clogging pores, it quickly improves the appearance of skin. indicated on their juror questionnaires that they had close relatives that had convictions. 3078.). 2003), this Court, relying on Nickerson, held that, when evaluating a speedy-trial claim after a mistrial, the relevant starting date is the date of the declaration of the mistrial. 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. See 13A-5-53(b)(1), Ala. Code 1975. The jury charges did not mention Hodge. Darden v. Wainwright, 477 U.S. 168, 169, 106 S.Ct. 2017). 2948.) Charlotte R. Morrison and Claudia B. Flores , Montgomery; Robert G. Poole , Opelika; and Margaret Y. Specifically, Graham argues that the prosecutor asked improper questions of witnesses and made improper arguments in closing. 1986), to support her argument. The jury found Graham guilty of capital murder as set out in 13A-5-40(a)(7), Ala. Code 1975. The State moved that Graham be prohibited from presenting any evidence suggesting that Walton had "killed another man named Earl Taylor." 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. 1991). After this argument was made, defense counsel then stated: (R. 1998). 1993). Stephanie Graham. See also Johnson v. State, 820 So.2d 842 (Ala. Crim. 1993), quoting in turn McCallum v. State, 407 So.2d 865, 868 (Ala. Crim. 80.) App. A presentence report was prepared, and a sentencing hearing was held before the same jury that convicted Graham. Conspiracy of silence': British spy chiefs face calls to release intelligence on Covid origins after FBI Lisa Graham sentenced to death for hiring man to kill her daughter | Columbus Ledger-Enquirer, Do not sell or share my personal information. After that interview, police contacted Graham and she voluntarily came to the police station with her husband, Kevin. (C. See also Ex parte Landrum, 57 So.3d 77, 83 (Ala. 2010); Ex parte Woods, 789 So.2d 941, 946 (Ala. 2001). 2585.) Nothing every happened in Whispering Oaks, until the night Cassidy Linden's sister, 17 year old Emily disappears. Graham's lawyers attempted to get her case thrown out under double jeopardy rules, but the appeal was thrown out, and in March this year she was convicted of murder. (R. It relied, in part, on Sockwell v. State, 675 So.2d 4 (Ala. Crim. "To rise to the level of plain error, the claimed error must not only seriously affect a defendant's `substantial rights,' but it must also have an unfair prejudicial impact on the jury's deliberations." Kindle Edition. In determining whether a defendant has been denied his or her constitutional right to a speedy trial, we apply the four-prong test announced by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. "The doctrine of invited error applies to death-penalty cases and operates to waive any error unless the error rises to the level of plain error." Zestimate Home Value: $260,000. 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. See also State v. Knight, 245 N.C. App. The 21 year old girl was the real deal with a police record to prove it. App. State v. O'Donnell, 142 Wn.App. In other words, Walton sought something of economic value for murdering Shea." )11 In that motion, she argued that the statements should be suppressed because they were involuntary. It's never been located." 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."). Other jurisdictions have also applied the harmless-error rule to a court's erroneous failure to remove a prospective juror for cause after that prospective juror was removed by a peremptory strike. 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. 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. Justice Shaw wrote that Rule 404(b) evidence is "admissible only when it is relevant to the crime charged and is not so remote as to lose its relevancy." Williams v. State, 710 So.2d 1276, 1347 (Ala. Crim. indicated during voir dire examination that she had been good friends with Sheriff Taylor for many years. Looking for Stefanie Shea online? 371, 376, 679 S.E.2d 464, 468 (2009). Accordingly, there was no error, much less plain error, in the State's asking Kevin about Graham's relationship with her daughter Shea. 2008). First, Graham argues that the circuit court erred in allowing the State to question Stephanie Vasquez about Graham's prior treatment of her daughter. The contents of her prior testimony were not admitted, merely the fact that she had previously testified consistent with her trial testimony. As the circuit court noted, Walton had not been charged with Taylor's murder and over nine years had passed since Taylor's death. Accordingly, any error in the circuit court's failure to remove prospective juror E.P. 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. Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. Goncalves v. Commonwealth, 404 S.W.3d 180, 199 (Ky. 2013). 23.). Graham did not object to this testimony; therefore, we are limited to determining whether there is plain error. The United States Supreme Court in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. 824, 17 L.Ed.2d 705 (1967). Graham then filed a similar petition in the Alabama Supreme Court. See Greene v. State, 237 Md.App. Graham is due no relief on this claim. Show More Posts from ashleygraham. STEPHEN 'What sentimental tosh!' Authorities said she had been shot six times. Dr. Boudreau testified: (R. Uploaded: 09 Apr, 2011. (Graham's brief at p. They revealed that the plan had started in Las Vegas. Bankhead v. State, 585 So.2d 97, 108 (Ala. Cr. 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. 306 (1951), recognized that "martial communications are presumptively confidential" but the privilege may be waived. How fitting! Everyone knows who he is. Knight v. State, [Ms. CR-16-0182, August 10, 2018] ___ So. (R. and IX.B. Graham is due no relief on this claim. Graham repeatedly argued that the State had failed to prove that any money exchanged hands. Larry v. State, 266 Ga. 284, 286, 466 S.E.2d 850, 853 (1996). The circuit court instructed the jury that to find Graham guilty of capital murder it had to find that Graham had a specific intent to kill Shea. 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. ]" Id. App. App. He then drove to a dirt track off Highway 165, before Shae got out of the car to relieve herself. be struck for cause. When officers questioned Graham she claimed not to know where the pistol was, before her husband helpfully mentioned that an elderly neighbor was cleaning it. Walton recently testified against Lisa Graham, saying she asked him to kill the daughter, and he did so as "a favor.". Facebook gives people the. "[R]eversible error cannot be predicated upon the overruling of an objection to a question which is not answered." He testified that on July 8, 2007, he administered Miranda rights to Graham. 616, 107 So.2d 899 (Ala. Cr. Graham argues that evidence of Earl Taylor's death, allegedly at the hands of Walton, was evidence that Walton had his own motive to kill Shea. During Walton's cross-examination, Graham moved that a hearing be held. did not serve on Graham's jury Graham used her second peremptory strike to remove E.P. Ex parte Whirley, 530 So.2d 865, 868 (Ala. 1988). 2010), quoting State v. Woods, 382 S.C. 153, 157-58, 676 S.E.2d 128, 131 (2009). When reviewing a prosecutor's challenged remarks made in closing, we keep in mind the following: Coral v. State, 628 So.2d 954, 985 (Ala. Crim. Brooks v. Worrell, 156 W.Va. 8, 11-12, 190 S.E.2d 474, 476 (1972) ("[I]t has been held that where unforeseeable circumstances arise during the trial of a case, such as, illness or death of a juror, the accused, the judge or counsel, making the completion of the trial impossible, a manifest necessity to discharge the jury will exist and the declaration of a mistrial will be justified. App. Jurors have found an east Alabama woman guilty of capital murder after prosecutors say she hired a gunman to kill her troubled, 20-year-old daughter. 2d at 381. Indeed, she never asserted her right to a speedy trial. Nickerson v. State, 629 So.2d 60, 63 (Ala. Crim. 2011), quoting People v. Thoro Prods. Vasquez then testified that she had spent weekends with the Graham family after she went into foster care and had maintained contact with Shea. Looking for Stephanie Graham online? Bonner v. State, 921 So.2d 469, 473 (Ala. Crim. 2003). After independently weighing the factors, we are convinced that death is the appropriate sentence in this case. We stated: 584 So. Matthews v. State, 89 Md.App. Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. Sgt. Shea's murder, Graham offered to pay a neighbor $5,000 to kill Shea, stating she "wanted the little bitch dead[. 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. First, Graham argues that the circuit court erred in allowing Rachel Cunningham to testify that she had previously testified in Graham's first trial and that her testimony at the second trial was consistent with that testimony. Ex parte Slaton, 680 So.2d 909, 924 (Ala. 1996). 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." Another Real Disturbing story. Amazon Photos Unlimited Photo Storage Free With Prime: Prime Video Direct Video Distribution Made Easy: Shopbop Designer Fashion . Graham is due no relief on this claim. Ex parte Hamm, 564 So.2d 469, 471 (Ala. 1990). 531.) It lacks the finality of a judgment, and means that the trial itself was a nullity.'"). In July of that year, Graham conspired to have her daughter killed by family worker and long-time friend Kenny Walton. Thus, Graham is due no relief on this claim. Sheriff Taylor said that, at the time she signed the form, Graham did not appear to be under the influence of any drugs and appeared to understand her rights. (R. The intervening mistrial impacts the starting date for examining the Barker v. Wingo factors. The court stated: 273 Ind. (Emphasis added.) was not questioned further about her comments concerning the weight she would attach to Sheriff Taylor's testimony. Citations are also linked in the body of the Featured Case. Ex parte Burgess, 723 So.2d 770, 771 (Ala. 1998), quoting Ex parte Harrell, 470 So.2d 1309, 1317 (Ala. 1985). First, the mistrial was declared due to the judge's medical problem and the judge's indefinite leave of absence. 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. (C. App. Published: 23:10 GMT, 19 November 2015 | Updated: 00:27 GMT, 20 November 2015, Lisa Graham, from Tennessee, has been sentenced to death for hiring family friend Kenny Walton to shoot her 20-year-old daughter dead in 2007. Prospective juror F.B. Her parents, Kevin and Lisa, were high school sweethearts. Graham told him to put it where he had "gotten it." State v. Aten, 130 Wn.2d 640, 664, 927 P.2d 210, 222 (1996). The next day, Sheriff Taylor met with Kenny Walton, and Walton confessed that he had been hired by Graham to kill Graham's daughter. Reasons for the Delay. (C. Burrell v. Commonwealth, 58 Va.App. By order dated October 2, 2013, this Court denied mandamus relief. 2003). We hold that, under the circumstances presented here, appellant's statement was not a clear and unambiguous request for counsel." 1993) ("[M]anifest necessity for mistrial exists where judge or juror cannot attend because of illness or death. Luther Strange and Steve Marshall , attys. Graham is due no relief on this claim. 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. This Court in Sockwell stated: Sockwell, 675 So. (R. A waiver-of-rights form was admitted into evidence, and it was signed by Graham. 3,647 posts. Both shots to Shea's head were fatal wounds, Dr. Boudreau said. Only Mike Dominguez and Stewart Woodman took the deal. For example, the Oklahoma Supreme Court in Miller Dollarhide, P.C. It is a valid race-neutral reason to strike a prospective juror who has a "`chip on her shoulder' regarding the judicial system." 1958)." Henry Stange was a 54-year-old man from Murrieta, California. E.P. Graham's interpretation of the instructions is strained and not supported by the entire instructions.19. Under the circumstances, Alabama has joined the majority of jurisdictions, measuring the starting date for purposes of a speedy-trial analysis from the declaration of a mistrial. Defense counsel objected and argued that Vasquez only had daily contact with Shea until she was about 11 years old and that that was over 10 years earlier and too remote. We are no longer accepting comments on this article. (R. for cause. "`Generally, the proponent of a witness may not bolster the credibility of a witness by showing that he made similar statements on prior occasions. Vote of 10 to 2, 2013, this Court has repeatedly relied on harmless-error... After a night out with friends, 20 year old Emily disappears judge 's leave! Examining the Barker v. Wingo factors, 745 ( Colo. App R. it relied, part. 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