Released for Publication June 10, 2015.
(Franklin Circuit Court, CC-08-344; Court of Criminal Appeals, CR-08-1747). Terry L. Dempsey, Trial Judge.
For Petitioner: Bryan A. Stevenson and Angela L. Setzer of Equal Justice Initiative Montgomery; Nickolas R. Heatherly, Huntsville; and Robert B. Tuten, Huntsville.
SHAW, Justice. Stuart, Bolin, Parker, Murdock, and Bryan, JJ., concur.
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS
WRIT DENIED. NO OPINION.
Moore, C.J., concurs in
part and dissents in part.
Wise, J., recuses herself.[*]
MOORE, Chief Justice (concurring in part and dissenting in part).
Christie Michelle Scott petitions this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals affirming her capital-murder convictions and sentence of death. Scott v. State, [Ms. CR-08-1747, Oct. 5, 2012] 163 So.3d 389, (Ala.Crim.App. 2012). In her petition, Scott raises 22 issues for review. I concur in denying Scott's petition on all issues except her claim under Rule 404(b), Ala. R. Evid. Therefore, as to that issue I dissent from the denial of Scott's petition.
I. Facts and Procedural History
In the early morning hours of August 16, 2008, a fire broke out in the children's bedroom in the home of Christie and Jeremy Scott in Franklin County. Jeremy was away on a business trip. Four-year-old Noah was sleeping with his mother in her bedroom; six-year-old Mason was asleep in his room. As the fire burned, the mother escaped out of her bedroom window with her son Noah and knocked on a neighbor's door to call for help. The neighbor ...