However, E.P. Elle tait une partisane passionne des Filles de la Rvolution . Stephanie P. Graham, Attorney at Law Wills, Trusts, Probate & Litigation, Graham Estate Planning. 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. He said that Graham told him that she wanted to speak with Sheriff Taylor "and tell him the whole truth and everything that happened." 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. Bigham v. State, 23 So.3d 1174, 1177 (Ala. Crim. When considering the application of 13A-5-51(5), Ala. Code 1975, or whether Graham was under the influence of extreme mental or emotional disturbance at the time of the offense, the circuit court stated: The circuit court's order clearly shows that it complied with Lockett and considered all evidence that had been presented in mitigation. 306 (1951), recognized that "martial communications are presumptively confidential" but the privilege may be waived. Book 2 of 3: Flippin' Fantastic Romance. Memorial services will be held 4 PM Wednesday at Vance Memorial Chapel with Rev. Watson v. State, 398 So.2d 320, 328 (Ala. Crim. Shea was murdered on July 5, 2007, Graham was arrested on July 8, 2007, and Graham was indicted on October 20, 2007. 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. It took jurors just two hours of deliberations to find her guilty, and only a further hour to recommend the death penalty. "`Jury instructions need not specifically define `[t]erms of common usage and meaning.'" In a footnote, Graham further states: "As a result, Ms. Graham did not have strikes available to remove J.Z. Graham told him to put it where he had "gotten it." Police say in July 2007 Lisa Graham hired Kenneth Walton to kill her daughter who had become an "inconvenience." That "inconvenience" involved many issues the mother had with her daughter, witnesses said: Shea Graham was using drugs; she was working as a stripper and possibly as a prostitute; she had dropped out of college; and she'd been charged with assault in a drive-by shooting in . 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." Graham next argues that the circuit court erred in denying her motion to suppress her statements to police. 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." We consider each claim individually. Graham is due no relief on this claim. 2006), quoting McClendon v. State, 813 So.2d 936, 944 (Ala. Crim. The comments below have been moderated in advance. After delaying the sentencing hearing before the circuit court, a mental evaluation was conducted and Dr. Glen King, a clinical and forensic psychologist, examined Graham. STEPHEN 'What sentimental tosh!' The State contends that there was evidence demonstrating that Graham intended to give money to the person who killed her daughter though no amount was ever specified. 2003), quoting Varner v. State, 497 So.2d 1135, 1137 (Ala. Crim. "`The United States Supreme Court has held that the penalty of death, if constitutionally applied, does not constitute cruel and unusual punishment.'" 2015), quoting State v. Williams, 364 Wis.2d 126, 148, 867 N.W.2d 736, 746 (2015). Sergeant Costello testified that the police retrieved the gun from Thompson. Graham is due no relief on this claim. "The remoteness of a collateral act goes to the weight of the evidence rather than its admissibility." 406.) 2590.) "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." She further argues that she was not given sufficient notice of the crime for which she was to defend against. 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." ), Rachel Cunningham testified that she lived about two blocks from the Grahams and visited their house on numerous occasions. In fact, there was no testimony that Hodge was dead. In fact, the record shows that on January 3, 2013, Graham's counsel specifically stated: "[T]here is, in fact, an agreement we would waive a speedy trial." 2012), and stated: 153 So. 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. Graham is due no relief on this issue. Isabel Ericksson was drugged, raped and kidnapped. In May 2013, Graham moved that the case against her be dismissed because, she argued, the Double Jeopardy Clause barred her retrial. It contains 3 bedrooms and 2 bathrooms. Thus, Graham is due no relief on this claim. App. The record shows that E.P. Community Rules apply to all content you upload or otherwise submit to this site. App. First, Graham argues that the prosecutor improperly made the following argument in closing: (R. The bullet-riddled body of her Graham's daughter,. v. Tal, 174 P.3d 559 (Okla. 2006), stated: 174 P.3d at 564-65. Kevin indicated at one point that Walton killed Shea to get back at them after they had fired Walton. 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. 488, 502, 598 A.2d 813, 820 (1991). (R. 499, 505, 554 A.2d 112, 115 (1989) ("Circumstances in which retrial was justified by manifest necessity include `jury deadlock, jury bias and illness of the judge or jury. 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. See also Annot., Judgment Granting or Denying Writ of Mandamus or Prohibition as Res Judicata, 21 A.L.R. Ex parte Walker, 972 So.2d 737, 754 (Ala. 2007). It relies on Arthur v. State, 238 So.3d 1276 (Ala. Crim. Based on our review of the instructions in this case, it is clear that the jury was properly instructed that to convict Graham of capital murder they had to find beyond a reasonable doubt that Graham had the specific intent to kill Shea. Graham is due no relief on these claims. The Prestigious school where Princes William and Harry were educated is EPHRAIM HARDCASTLE: Prince William's potentially awkward visit to homelessness charity. Ex parte Slaton, 680 So.2d 909, 924 (Ala. 1996). Certainly, this argument was a legitimate inference that could have been drawn from the evidence and was a proper comment. White v. State, 587 So.2d 1218, 1230 (Ala. Crim. 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. Indeed, this Court has discussed the broad application of 13A-5-40(a)(7). Goncalves v. Commonwealth, 404 S.W.3d 180, 199 (Ky. 2013). (R. Sgt. (R. 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. The circuit court was within its discretion in declining to find the proffered evidence to be mitigating. The jury recommended, by a vote of 10 to 2, that Graham be sentenced to death. 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. As the circuit court noted, Walton had not been charged with Taylor's murder and over nine years had passed since Taylor's death. "[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." Graham next argues that the circuit court erred in refusing to remove prospective juror E.P.6 for cause because, she says, E.P. The concept also embraces any words and conduct of the police that are the functional equivalent of interrogation." About 30 minutes after Kevin entered the room to talk to Graham, Sheriff Taylor entered the room with a standard waiver-of-rights form. Graham also argues that her double jeopardy rights were violated because, she says, there was no "manifest necessity" for declaring a mistrial in her first trial. African-American prospective juror B.W. App. 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. Moreover, the evidence was not due to be excluded because its admission was more prejudicial than probative. Graham next argues that the State violated Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. Crim. Graham was arrested in July 2007 and sentenced in November 2015. She got in a truck with a man her friends did not recognize Walton retrieved the gun while Shea was behind one of the truck doors using the bathroom. The record shows that in May 2013 Graham moved that the charges against her be dismissed based on double-jeopardy grounds. Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. (R. 1999). indicated on their questionnaires that they had only a "fair" or "poor" opinion of lawyers. When 20-year-old Stephanie Shea Graham is found murdered on a desolate road, detectives gather clues and question those closest to her. Join Facebook to connect with Stephanie Smith and others you may know. "[T]he accused may be subjected to a second trial only where the prosecutor can demonstrate manifest necessity for terminating the first trial." Graham is due no relief on this claim. 314, 325, 174 P.3d 1205, 1211 (2007). The record shows that the jury returned with the following question: "Please explain the fourth element of capital murder charge in more detail." 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. 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. Prosecutors say Lisa Graham wanted her daughter killed because she felt that she was destroying her marriage and ruining her life. 160.) 2010), quoting State v. Woods, 382 S.C. 153, 157-58, 676 S.E.2d 128, 131 (2009). 1986, 188 L.Ed.2d 1007 (2014). Graham argues that she was prejudiced by the delay because (1) the judge handling the case was forced to declare a mistrial; (2) one of the State witnesses, Warren Thompson, passed away; and (3) she was held without bond until 2013. Second, Graham argues that the circuit court erred in allowing Kevin Graham to testify concerning the relationship between Graham and Shea because, she says, it was highly prejudicial. Cole, J., recuses himself. Prospective juror B.W. He testified: Walton further testified regarding the event of July 5 and July 6, 2007. 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. App. He told her that he could not talk to her until she had been notified of and waived her Miranda rights. 2595.) 2009). Click the citation to see the full text of the cited case. After this argument was made, defense counsel then stated: (R. 3d ___, ___ (Ala. Crim. Background Stephanie 'Shea' Graham was born on February 9, 1987. Cookie Settings/Do Not Sell My Personal Information. Accordingly, any error in the circuit court's failure to remove prospective juror E.P. App. Bonner v. State, 921 So.2d 469, 473 (Ala. Crim. indicated on their juror questionnaires that they had close relatives that had convictions. Davis v. United States, 512 U.S. 452, 459, 114 S.Ct. On August 8, 2014, the Alabama Supreme Court likewise denied mandamus relief. "[C]ourts have generally found no `reasonable expectation of privacy' for overheard or monitored conversations in police cars, police interview rooms, or in prisons." Directors Stuart Jones Eve Rodrick Writer Renee Turner Stars 2013)(table). All rights reserved (About Us). App. The Alabama Supreme Court in Boone held that evidence of the defendant's gang membership was not admissible under Rule 404(b), because there was no evidence that the murder the defendant was accused of committing had been gang affiliated. Graham answered: "Because they're recording everything we're saying." 603 So. (Graham's brief at p. "The reasons for this rule is that such evidence is hearsay and is inadmissible unless an exception can be found." 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. (R. The identity of her killer will prove to be more shocking than ever imagined. The court stated: 273 Ind. 3. It is clear from the record that African-American prospective jurors D.D., T.R., J.S., L.M., T.L., and T.K. 450 S.W.3d at 547. 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 circuit court did not abuse its discretion in allowing the State to question Vasquez about Graham's prior treatment of her daughter, the victim. Buy newspaper front pages, posters and more. The prosecution offered all the suspects a deal: confess, and have the death penalty taken off the table. Listed below are those cases in which this Featured Case is cited. and IX.B. It's never been located." It would leave only one brave survivor. A truck driver discovers the body of a 20-year-old woman on the side of the road. See Harris, supra. 2013). 2d at 24-25 (emphasis added). Second, Thompson testified in Graham's first trial and was subjected to cross-examination, and his testimony was admitted into evidence at Graham's second trial. Graham did not invoke her right to counsel and is due no relief on this claim. 2018). "); Commonwealth v. Hunter, 381 Pa.Super. 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." (C. Snyder v. State, 893 So.2d 488, 524 (Ala. Crim. Here, Graham did not specifically ask for counsel, although she did mention the word attorney during questioning. Duration: 24s. 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. 532, 538, 785 S.E.2d 324, 331 (2016) ("[W]hen a defendant is retried following a mistrial, prior evidentiary rulings are not binding. The prosecutor countered: (R. State v. Aten, 130 Wn.2d 640, 664, 927 P.2d 210, 222 (1996). The State argues that Graham focuses on the testimony of 1 witness and not the other 19 witnesses who testified. App. Her lawyers have since lodged another appeal for a retrial, but for the time being Graham becomes Alabama's fifth woman on death row. On March 11, 1985, Neil, Stewart, Steven, Robert, Anthony, and Mike were all arrested. She asked if he had seen Shea, and they arranged to meet. 73.) However, Graham makes no argument as to how she was prejudiced by these three factors. USA's Maggie Shea, left, and Stephanie Roble finish their first 49er FX skiff race of the day, July 28, 2021 off Enoshima Yacht Harbor during the Tokyo Olympics. App. The circuit court in an abundance of caution had Graham evaluated, and evidence pertaining to that evaluation was presented to the court. "Claims of prosecutorial misconduct are subject to harmless-error analysis." 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." "`Generally, the proponent of a witness may not bolster the credibility of a witness by showing that he made similar statements on prior occasions. Zestimate Home Value: $260,000. 824, 54 L.Ed.2d 717 (1978)(footnotes omitted). I Charles W. Gamble & Robert I. Goodwin, McElroy's Alabama Evidence 45.01(8) (6th ed. 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. In 2007, after a night out with friends, 20 year old Stephanie Shea Graham fails to return home. A lengthy discussion was held on this issue. "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." Luther Strange and Steve Marshall , attys. Moreover, if any error did occur, we are confident that the error was harmless beyond a reasonable doubt. Lisa Leane Graham was convicted of hiring Kenneth Walton to murder her daughter, Stephanie "Shea" Graham, for "a pecuniary or other valuable consideration or pursuant to a contract or for hire," a murder defined as capital by 13A-5-40(a)(7), Ala. Code 1975. Here, immediately after entering the interview room to speak to his wife, Kevin asked why they were in a room by themselves. 4170-71.) (C. 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." 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. 2000). Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. 4227.) Lisa Graham, was convicted of paying a family friend to. (R. However, Graham ignores the fact that her first trial ended in a mistrial. Prospective juror C.L. l'ge de 20 ans, Stephanie"Shea"Graham tait une jeune apparemment ordinaire, avec non seulement une vie sociale active, mais aussi des rves optimistes la fois pour elle-mme et pour l'avenir de notre monde. 1987) ("[J]uror Larson indicated she would accord police testimony greater weight than that of other witnesses. [W]e are certain [the court] erred in refusing to strike Larson for cause."). The above-quoted testimony was elicited on redirect examination after Cunningham's credibility had been attacked on cross-examination. 3078.). Graham was selected after a national search. 2. 2d at 379. "The ultimate determination of `[w]hether a statement constitutes an unequivocal request for counsel is a question of law,' subject to de novo review." "Criminal trials are adversary proceedings and not social affairs. George Beverly Shea, who escaped a life of toil in an insurance office to become a Grammy-winning gospel singer and a longtime associate of the Rev. In fact, Boone does not address the issue of remoteness as that term applies to Rule 404(b). For example, the Oklahoma Supreme Court in Miller Dollarhide, P.C. The intent to kill must be real and it must be specific." In July of that year, Graham conspired to have her daughter killed by family worker and long-time friend Kenny Walton. Nickerson v. State, 629 So.2d 60, 63 (Ala. Crim. Ex parte Davis, 718 So.2d 1166, 1171-72 (Ala. 1998). Embrey v. State, 283 Ala. 110, 116, 214 So.2d 567, 573 (1968). 531.) View the profiles of people named Stephanie Graham. At the time of his death, he had been going through a divorce from his wife of 10 years. 2928.). Siler v. State, 705 So.2d 552, 557 (Ala. Crim. The record shows that after Walton confessed that Graham had solicited him to kill Shea the police interviewed Graham at the police station. First, Graham argues that the prosecutor improperly bolstered the credibility of two state witnesses during their testimony. V1104091458484.w. 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