App. Walton also testified that Thompson got the gun he used in order to clean it. See Rule 45A, Ala. R. App. Accordingly, we find no error in the circuit court's instructions. (C. App. Also, the fact that Walton had received no benefit before the murder did not negate the application of 13A-5-40(a)(7). 2585.) 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. App. See Sharifi v. State, 993 So.2d 907, 926 (Ala. Crim. App. The United States Supreme Court in Atkins v. Virginia held that it is unconstitutional to sentence an intellectually disabled individual to death.20 In Hall v. Florida the United State Supreme Court held that "a State cannot refuse to entertain other evidence of intellectual disability when a defendant has an IQ score above 70." 366.) App. Today's and tonight's Forney, TX weather forecast, weather conditions and Doppler radar from The Weather Channel and Weather.com 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. Looking for Stefanie Shea online? attys. Join Facebook to connect with Stephanie Graham and others you may know. 3d ___, ___ (Ala. Crim. 2017); Scott v. State, 163 So.3d 389 (Ala. Crim. 497 So. (R. Gospodareck v. State, 666 So.2d 835, 842 (Ala. Crim. A Texas Court of Appeals in Molina v. State, 450 S.W.3d 540, 547 (Tex. $599. Steph Graham is on Facebook. Harrell v. State, 470 So.2d 1303, 1308 (Ala. Crim. How fitting! Stephanie also made stunts in Stargate SG-1 episode Talion. 1980). Birth 04 Feb 1986 - Columbus, Muscogee, Georgia, USA. The concept also embraces any words and conduct of the police that are the functional equivalent of interrogation." 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. Tom Hanks and Caleb Landry Jones' character work helps Finch stand out from other post-apocalyptic/robotic epics. The Russell Circuit Court found that the murder was committed for pecuniary gain, an aggravating circumstance listed in 13A-5-49(6), Ala. Code 1975, and sentenced Graham to death.2 This appeal, which is automatic in a case involving the death penalty, followed. 1984). Graham is due no relief on this claim. 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. 2003). When the truth is finally revealed, the identity of her killer will prove to be more shocking than ever imagined. Isabel Ericksson was drugged, raped and kidnapped. (Graham's brief at p. Graham is due no relief on this claim. By . As the circuit court noted, Walton had not been charged with Taylor's murder and over nine years had passed since Taylor's death. See Sockwell, supra. 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. KELLUM, Judge.. 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. The circuit court denied Graham's challenge and indicated that placing more weight on Sheriff Taylor's testimony was not a sufficient reason to remove E.P. Community Rules apply to all content you upload or otherwise submit to this site. Ex parte Ferguson, 814 So.2d 970, 976 (Ala. 2001). 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. Stephanie Shea Graham February 9, 1987- July 6, 2007 PHENIX CITY, AL Stephanie Shea Graham, 20 of Phenix City passed away Friday July 6, 2007 in Russell County, AL. STEPHEN 'What sentimental tosh!' Other formats: Paperback. Rule 45A, Ala. R. App. First, Graham argues that the following argument was improper because, she says, it was a comment on the fact that she did not testify. Vasquez was asked to characterize the relationship between Graham and her daughter. Bonner v. State, 921 So.2d 469, 473 (Ala. Crim. Dr. Steven Boudreau, a pathologist with the Alabama Department of Forensic Sciences, testified that Shea died of multiple gunshot wounds. Clearly, the prosecutor's argument was not that the jury should ignore mitigating evidence but that the jury should not rely on the mitigating evidence that Graham presented. Accordingly, any error in the circuit court's failure to remove prospective juror E.P. Crim. 2939.) Graham answered: "Because they're recording everything we're saying." I seen old doofas [sic] in there putting a tape in there so he can record everything." 2580.) 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. Hyde v. State, 778 So.2d 199, 209 (Ala. Crim. In July of that year, Graham conspired to have her daughter killed by family worker and long-time friend Kenny Walton. Woodard v. State, 253 Ala. 259, 263, 44 So.2d 241, 244 (1950). Indeed, the Alabama Supreme Court in Ex parte Shelton, 814 So.2d 251 (Ala. 2001), specifically held that the previous denial of a mandamus petition raising the same issue does not invoke the law-of-the-case doctrine. McGlocklin v. State, 910 So.2d 154, 156 (Ala. Crim. "A defendant's use of drugs at the time of a confession [is] considered, but [does] not render a confession involuntary." State v. Terry, 207 N.C. App. In Henderson, the defendant was the "hiree" and not the "hirer" as in this case. 2599.) 2008). 2d at 1137. 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On August 8, 2014, the Alabama Supreme Court likewise denied mandamus relief. State v. O'Donnell, 142 Wn.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). At the library, Walton said, Graham asked him if he was ready to kill Shea. Stephanie Shea Graham. 2d at 729 (footnote omitted). Watson v. State, 398 So.2d 320, 328 (Ala. Crim. )11 In that motion, she argued that the statements should be suppressed because they were involuntary. Length of Delay. Gobble v. State, 104 So.3d 920, 970 (Ala. Crim. 2005). 1303.) Witnesses told police that Walton had left the gas station with her, and he quickly confessed to his part in the crime, also telling officers that Graham had paid him to do it. At the very least, Graham argues, she was entitled to an Atkins hearing. Hathaway v. State, 399 P.3d 625, 629 (Wyo. Walton testified that Graham had hired him to kill Shea. Certainly, that standard was not met in this case. 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." State v. Cole, 286 Or. 228 So. Graham is due no relief on this claim. Graham is due no relief on this claim. Specifically, Graham argues that the prosecutor asked improper questions of witnesses and made improper arguments in closing. for cause was harmless based on the Alabama Supreme Court's holding in Bethea v. Springhill Memorial Hospital. Court of Criminal Appeals of Alabama.https://leagle.com/images/logo.png. 2595.) See also State v. Kang, 859 So.2d 649, 652 (La. Graham next argues that the prosecutor's misconduct in the guilt phase denied her a fair trial. Evid., and the Supreme Court's holding in Ex parte Boone, 228 So.3d 993 (Ala. 2016). 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. Graham next argues that the circuit court erred in denying her motion to suppress her statements to police. App. App. 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 Russell County grand jury indicted Graham for capital murder, . 2015), quoting State v. Williams, 364 Wis.2d 126, 148, 867 N.W.2d 736, 746 (2015). Indeed, once a mistrial has been declared, `in legal contemplation there has been no trial. 2007). Specifically, Graham argues that it was error for the circuit court not to find Graham's borderline mental functioning as a mitigating circumstance. People v. Henry, 569 N.Y.S.2d 905, 906, 150 Misc.2d 700, 702 (1991). Reasons for the Delay. (Graham's brief at p. 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. 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. 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. 2000). He told her that he could not talk to her until she had been notified of and waived her Miranda rights. 2673-74.) Forensic tests showed that the bullets that killed Shea were fired from the gun that Walton got from Graham. 306 (1951), to support her argument. 2011), quoting People v. Thoro Prods. Based on the record in this case, we cannot say that there was plain error in regard to Graham's Batson argument. We agree with the State that the circuit court did not commit error by failing to define the term "valuable consideration." Walton further testified: (R. See also Johnson v. State, 820 So.2d 842 (Ala. Crim. Memorial services will be held 4 PM Wednesday at Vance Memorial Chapel with Rev. Graham asserts that Hodge was her husband's "suspected lover.". Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). 502, 515 n. 3, 186 A.3d 207, 214 n.3 (2018) ("[W]hen a mistrial is declared or when a case is reversed on appeal, it is the time between the grant of a mistrial (or mandate reversing the prior trial) and the commencement of the subsequent trial date that is counted in a speedy trial analysis. Graham is due no relief on this issue. App. Graham next argues that the circuit court erred in "reopening the suppression hearing." Grisham's ex is the father of her older son,. Includes Address (12) Phone (6) Email (3) See Results. And [he] told her she was nuts." Rebecca provides a true crime case. 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