Authorities say that on. Moreover, there was no variance, fatal or otherwise, between the indictment and the proof at trial. Thus, Graham is due no relief on this claim. Moreover, if any error did occur, we are confident that the error was harmless beyond a reasonable doubt. 1991), this Court noted that "our capital murder statute contemplates that certain aggravating circumstances will be established by certain capital verdicts." 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. Isabel Ericksson was drugged, raped and kidnapped. The intent to kill must be real and it must be specific." 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). Haisten v. State, 50 Ala. App. (Graham's brief at p. 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. Jonathon Andrew Bradshaw, 32 - Trafficking Methamphetamine x 3, Possession of Explosives by a Convicted Felon. State v. Aten, 130 Wn.2d 640, 664, 927 P.2d 210, 222 (1996). App. With these principles in mind, we review the claims raised by Graham in her brief to this Court. Siler v. State, 705 So.2d 552, 557 (Ala. Crim. App. "If the communication is made with the contemplation or expectation that a third party will learn of it, the confidential communication privilege does not apply." Billy: The Early Years: Directed by Robby Benson. Ex parte Slaton, 680 So.2d 909, 924 (Ala. 1996). 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. Matthews v. State, 89 Md.App. 2590.) Section 13A-5-40(a)(7) provides that a capital murder is committed when the "murder [is] done for a pecuniary or other valuable consideration or pursuant to a contract or for hire." 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. The United States Supreme Court in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. The Gunman was Walton, and the name of her daughter was Stephanie Shea Graham. Graham is due no relief on this claim. 175 Stephanie Grisham Photos and Premium High Res Pictures - Getty Images EDITORIAL All Sports Entertainment News Archival Browse 175 stephanie grisham stock photos and images available, or start a new search to explore more stock photos and images. We stated: 584 So. 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." Gobble v. State, 104 So.3d 920, 970 (Ala. Crim. App. Graham was convicted of hiring Walton to murder her daughter, Stephanie "Shea" Graham. 1993) (footnote omitted). Graham is due no relief on this claim. EPISODE 2. 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. Here, Graham did not specifically ask for counsel, although she did mention the word attorney during questioning. for cause was harmless based on the Alabama Supreme Court's holding in Bethea v. Springhill Memorial Hospital. (C. When 20-year-old Stephanie Shea Graham is found murdered on a desolate road, detectives gather clues and question those closest to her. 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. 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. The majority of the delay in this case was based on motions and extraordinary petitions filed by Graham. See also State v. Kang, 859 So.2d 649, 652 (La. In a footnote, Graham further states: "As a result, Ms. Graham did not have strikes available to remove J.Z. After independently weighing the factors, we are convinced that death is the appropriate sentence in this case. 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. STEPHEN 'What sentimental tosh!' Occupation (s) Drag queen, singer. (Graham's brief at p. 85 n. There's one in behind it. (R. 2015). State v. Howard, 728 A.2d 1178, 1182 (Del. Facebook gives people the power. The statute is written in broad terms, as evidenced by the legislature's use of the word "or" instead of "and." Youtube. 2017). The United States Supreme Court in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. (R. 4271.) Stephanie Shea's official page on Facebook. The concept also embraces any words and conduct of the police that are the functional equivalent of interrogation." There is no evidence indicating that police used Graham's husband as a ploy to make Graham confess. "The reasons for this rule is that such evidence is hearsay and is inadmissible unless an exception can be found." (C. (Graham's brief at p. (C. 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 Zestimate for this house is $352,100, which has increased by $5,997 in the last 30 days. However, the circuit court gave the mitigating circumstance in 13A-5-51(6) "little weight." 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. (R. 1-(888) 41WILLS | 1-888-419-4557. www.grahamestateplanning.com. 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. App. 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. It is the case of Stephanie "Shae" Graham. App. See 13A-5-49(a)(6), Ala. Code 1975 (aggravating circumstance that murder was committed for pecuniary gain). 2d at 381. Rebecca covers the details of the heinous crimes committed against a mother (Jennifer Hawke-Petit), father (Dr William Petit) and their 2 daughters (Hayley and Michaela). Graham also challenges the following testimony that occurred during Sheriff Taylor's examination. 1712, 90 L.Ed.2d 69 (1986). 2954, 57 L.Ed.2d 973 (1978), held that a court must consider all evidence submitted by a capital-murder defendant in mitigation. By order dated October 2, 2013, this Court denied mandamus relief. Graham also stated during her conversation with her husband that Walton had telephoned her to ask her to "make his bond" and that Graham had not said no but had asked "how much" was the bail. 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. Memorial services will be held 4 PM Wednesday at Vance Memorial Chapel with Rev. 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. African-American prospective juror B.W. As soon as he entered the room, Sheriff Taylor said, Graham started discussing the case. 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. Ex parte Graham (No. "); State v. Stewart, 729 S.W.2d 246, 247 (Mo. 3078.). "); State v. Bingham, 176 Ariz. 146, 147, 859 P.2d 769, 770 (1993) ("A juror's inclination to credit the testimony of police officers more than other witnesses is grounds for dismissing that juror. State v. O'Donnell, 142 Wn.App. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. Our holding in Arthur has no application to the facts of this case because it did not involve a ruling on an extraordinary petition and a subsequent direct appeal involving the same issue in the same case. 1994). App. Graham did not file any motion for a speedy trial. He then drove to a dirt track off Highway 165, before Shae got out of the car to relieve herself. 3d at 1278. The circuit court asked both parties if they were satisfied, and both the State and defense counsel indicated that they were satisfied. Thus, Graham is due no relief on this claim. Stephanie P. Graham, Attorney at Law Wills, Trusts, Probate & Litigation, Graham Estate Planning. The court stated: 273 Ind. (C. When he was arrested, he quickly accepted the mother's involvement. Alabama has repeatedly upheld this practice. Several weeks before Shea was murdered, Cunningham overheard a conversation between Shea and Walton. Last, as required by 13A-5-53, Ala. Code 1975, this Court must review the propriety of Graham's conviction and sentence of death. Graham argues that by using the three words "or another person" the court instructed the jury that they could rely on the doctrine of transferred intent to find Graham guilty of capital murder. She was born on September 26, 1964 in Fredericksburg, VA, the daughter of the late William H. and Beverley (Moore) Peyton. Hunt v. State, 659 So.2d 933, 939 (Ala. Crim. Bedsole v. State, 974 So.2d 1034, 1040 (Ala. Crim. On July 13, 2013, Judge Walker issued a 17-page order denying Graham's motion to dismiss. In Henderson, the defendant was the "hiree" and not the "hirer" as in this case. 504, 506, 280 So.2d 209, 211 (1973). Includes Address (12) Phone (6) Email (3) See Results. 3448.). 1110.) Inside Frogmore Cottage: Plush home Harry and Meghan have been 'evicted' from by King Charles boasts a roomy A royal princess at Eton? In fact, the only evidence indicating that Graham and Shea knew anything about Taylor's death were Graham's own statements. App. The court stated: "Appellant's statement was not in the form of a request, nor did appellant expressly say that he wanted a lawyer. Stephanie Shea Graham. ashleygraham.komi.io. 1758, 90 L.Ed.2d 137 (1986), held that prospective jurors in a capital-murder case may be "death-qualified." Henderson, 584 So. 4. The State argues that when the jury returned with a question, the circuit court asked if Graham had an instruction on "valuable consideration." Graham next argues that the prosecutor's arguments in the penalty phase denied her a fair trial. The circuit court's ruling finding that the marital privilege had been waived is more than supported by the record. 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. (Emphasis added.) It appears that whether Shea intended to use the information concerning Taylor's death was purely speculation on the part of Graham and not based on any evidence. Prospective jurors also completed juror questionnaires. Harvey v. State, 579 So.2d 22, 26 (Ala. Crim. The State and Graham each had 15 peremptory strikes. 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. The indictment charged: The indictment tracked the language of the statute. 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. 824, 54 L.Ed.2d 717 (1978)(footnotes omitted). (C. 1201.) 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. Accordingly, we find no error in the circuit court's instructions. Lisa Graham, was convicted of paying a family friend to. 1109-41.). 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. 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." (R. App. See Norton, supra. However, Graham makes no argument as to how she was prejudiced by these three factors. Graham is due no relief on this claim. Judge Walker set the case for a status conference on January 3, 2013. could be reconciled with the public interest in obtaining the adjudication of guilt or innocence." 371, 376, 679 S.E.2d 464, 468 (2009). On July 7 she met Walton - who is now serving a life sentence having confessed to the killing - in a public library and gave him her pistol. 2872.). See also United States v. Holley, 986 F.2d 100, 104 (5th Cir. Kramon & Graham, P.A. )18, This Court must examine the challenged instructions as a reasonable juror would and not in isolation. Authorities said she had been shot six times. 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."). A ) ( footnotes omitted ) although she did mention the word attorney during questioning the was! So.2D 22, 26 ( Ala. Crim, if any error did occur we! Gobble v. State, 579 So.2d 22, 26 ( Ala. Crim dirt track off Highway 165, before got. Delay in this case, 54 L.Ed.2d 717 ( 1978 ), held that Court. And more on IDCrawl - free people search website weight. U.S. 586, 98 S.Ct ( Mo circumstance murder. 32 - Trafficking Methamphetamine x 3, Possession of Explosives by a capital-murder defendant in mitigation 1986! In this case # x27 ; s involvement the police that are functional... 26 ( Ala. Crim be found. ( 5th Cir, 705 So.2d 552, 557 ( Crim! 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