Goodrich said that Graham initialed each page of and signed the waiver-of-rights form. The delay in this case the period between the mistrial and the second trial was 29 months, not the 96 months that Graham asserts applies in this case. 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. After this discussion, the prosecutor then made the following comments: Graham's cellular telephone had never been located despite the fact that a thorough search had been conducted of Graham's home. Graham makes a more detailed argument in her brief to this Court. We stated: 584 So. See Rule 45A, Ala. R. App. 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. 406.) Death 05 July 2007 - Russell County, Alabama, USA. 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." 2872.). Graham frequently spoke of Shea being killed, she said. A waiver-of-rights form was admitted into evidence, and it was signed by Graham. (State's brief at p. Zestimate Home Value: $315,000. The conversation consisted mostly of the two questioning why Graham was asked to the police station. Warren Thompson, Graham's grandfather, came up to them as they were talking, and Thompson asked them if they had seen Shea. 35.) https://www.omgheyrose.com. (C. 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. She cites Rule 504(b), Ala. R. In Ex parte Perkins, 851 So.2d 453 (Ala. 2002), the Alabama Supreme Court adopted the most liberal definition of intellectually disabled as defined by those states that had adopted legislation prohibiting the execution of an intellectually disabled defendant. 3481. The circuit court asked both parties if they were satisfied, and both the State and defense counsel indicated that they were satisfied. The circuit court's order shows that it specifically considered Graham's mental health as a possible mitigating circumstance. This Court in Johnson v. State, 584 So.2d 881 (Ala. Crim. Cookie Settings/Do Not Sell My Personal Information. Related To Michelle Chausse, Claire Chausse, Paul Chausse, L Chausse. Indeed, Graham meets none of the three factors discussed in Perkins. 2590.) View gallery 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. at 670-71, 408 N.E.2d at 537 (emphasis added). Specifically, Graham argues that it was error for the circuit court not to find Graham's borderline mental functioning as a mitigating circumstance. 2013). Graham told him to put it where he had "gotten it." See also State v. Knight, 245 N.C. App. And [he] told her she was nuts." Specifically, Graham argues that the prosecutor asked improper questions of witnesses and made improper arguments in closing. Stephanie Shea is a Senior Associate General Counsel at Johns Hopkins University based in Baltimore, Maryland. A suppression hearing was held. Law v. State, 249 Ga.App. Luther Strange and Steve Marshall , attys. Occupation (s) Drag queen, singer. 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. With these principles in mind, we review the claims raised by Graham in her brief to this Court. P. The Alabama Supreme Court in Johnson v. State, 120 So.3d 1119 (Ala. 2006), held that when prior bad acts are introduced as substantive evidence of guilt there is no plain error when a court fails to sua sponte give a limiting instruction on the use of that evidence. 1364, 113 L.Ed.2d 411 (1991); to defense counsel in criminal cases in Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. 2597.) 1988). Harrell v. State, 470 So.2d 1303, 1308 (Ala. Crim. App. We're Back! 280-301.). Thereafter, Judge Greene was granted a leave of absence for medical reasons. When 20-year-old Stephanie Shea Graham is found murdered on a desolate road, detectives gather clues and question all those closest to her. The circuit court overruled the objection. The circuit court granted that motion and stayed all proceedings on July 17, 2013. 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. The next morning Walton checked his voice-mail messages and discovered a message from Graham. 1111.) 824, 54 L.Ed.2d 717 (1978)(footnotes omitted). "[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." The record clearly establishes that Graham is not intellectually disabled as that term was defined by the Alabama Supreme Court in Perkins. When the truth is finally revealed, the identity of her killer will prove to be more shocking than ever imagined. Only Mike Dominguez and Stewart Woodman took the deal. (C. Isabel Ericksson was drugged, raped and kidnapped. The State asserts: "Indeed, the State presented evidence of Walton's attempt to cash in on the `favor' when he called Graham and asked her if she could hire a lawyer or post his bond. 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." 24.). State v. O'Donnell, 142 Wn.App. 1131.) Bohannon v. State, 222 So.3d 457, 510 (Ala. Crim. Next, Graham argues that death-qualifying the prospective jurors resulted in a conviction-prone jury and disproportionately excluded minorities and women. Stephanie Graham. (R. App. At the age of 20, Stephanie "Shea" Graham was a seemingly ordinary youngster with not just an active social life but also optimistic dreams for both herself as well as the future of our world. Tamara gives an update on the Anna Delvey (aka Anna Sorokin) case. 532, 538, 785 S.E.2d 324, 331 (2016) ("[W]hen a defendant is retried following a mistrial, prior evidentiary rulings are not binding. See 13A-5-53(b)(1), Ala. Code 1975. Ct. 1998) (footnotes omitted). Smith v. State, 795 So.2d 788, 837 (Ala. Crim. View the profiles of people named Stephanie Smith. She further argues that she was not given sufficient notice of the crime for which she was to defend against. Stephanie M. Graham. The Pattern Jury Instructions, adopted by the Alabama Supreme Court on July 30, 2010, for use in capital cases,17 state that the intent instructions for use in a capital-murder trial should read: "A person commits an intentional murder if he causes the death of another person, and in performing the act or acts that cause the death of that person, he intends to kill that person (or another person)." (R. 603 So. 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. App. 1997). Later during voir dire, the following occurred: (R. $599. In other words, Walton sought something of economic value for murdering Shea." Ex parte Trawick, 698 So.2d 162, 167-68 (Ala. 1997). 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. 1. Graham was accused of persuading longtime family worker Kenneth Walton to kill daughter Stephanie Shea Graham, who went by Shea. The man who gunned down Stephanie Shea Graham took the witness stand Wednesday and calmly described how he lured her from Columbus to rural Russell County, shot her twice in the head as she. Prospective juror C.L. App. The Indiana Supreme Court in Norton v. State, 273 Ind. Her lawyers have since lodged another appeal for a retrial, but for the time being Graham becomes Alabama's fifth woman on death row. (C. This Court in Sockwell stated: Sockwell, 675 So. 2003). App. and IX.B. Graham was tried in February 2015 and convicted in March 2015. 1993) (footnote omitted). Join Facebook to connect with Stephanie Smith and others you may know. At the very least, Graham argues, she was entitled to an Atkins hearing. When Sheriff Taylor first entered the interrogation room occupied by Graham and her husband, the following occurred: (R. 1142) (emphasis added). "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." That interview was conducted by Officer Grover Goodrich and Sgt. "The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance." The circuit court found, as statutory mitigating circumstances, that Graham had no previous history of criminal activity, see 13A-5-51(1), Ala. Code 1975, and that Graham's capacity to "appreciate the criminality of her conduct or to conform her conduct to the requirements of law was substantially impaired," see 13A-5-51(6), Ala. Code 1975. 2644.) Arrested Feb. 6, 2019. We are no longer accepting comments on this article. Graham next argues that her sentence of death is unconstitutional because, she says, she is "intellectually disabled" and her death sentence violates the United States Supreme Court's decision in Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. App. Billy: The Early Years: Directed by Robby Benson. First, Graham argues that the circuit court erred in allowing the State to question Stephanie Vasquez about Graham's prior treatment of her daughter. indicated on their questionnaires that they had only a "fair" or "poor" opinion of lawyers. 1201.) 4. She pieces together a mystery so effortlessly and brings us a memorable romance along the way. Snyder v. State, 893 So.2d 488, 518 (Ala. Crim. A mistrial was properly declared because the trial judge had a medical problem and there was no other judge in that circuit who could preside over Graham's trial. On July 5, 2007, Walton testified, Graham telephoned him and asked him to meet her at a local library. 2673-74.) App. STEPHANIE GRAHAM OBITUARY 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. For the foregoing reasons, we find no reversible error in the prosecutor's comments. She further argues that there was no "manifest necessity" for declaring a mistrial in her first trial; therefore, she asserts, her constitutional right to be free from double jeopardy was also violated. Super. The record shows that Graham moved to suppress her statements to police. 1039, 1048, 197 L.Ed.2d 416 (2017). The indictment charged: The indictment tracked the language of the statute. 2948.) App. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl. Stephen Hemilburger testified that he lived across the street from the Grahams at the time of Shea's murder. Stephanie Shae Graham was a real live party girl in 2007, Alabama. 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. 2010). 3481. App. It contains 3 bedrooms and 2 bathrooms. 2d at 21 (emphasis added). Last, we have searched the record for any error that may have adversely affected Graham's substantial rights and have found none. Only the constitutional speedy trial analysis is relevant thereafter."). This Court in Arthur held that the Alabama Supreme Court's prior determination "that Arthur's declaratory-judgment action [was] in substance a Rule 32, Ala. R. Crim. Memorial services will be held 4 PM Wednesday at Vance Memorial Chapel with Rev. Ct. App. Community Rules apply to all content you upload or otherwise submit to this site. The circuit court correctly allowed the prospective jurors to be death-qualified concerning their views on capital punishment. Darden v. Wainwright, 477 U.S. 168, 169, 106 S.Ct. She was born on September 26, 1964 in Fredericksburg, VA, the daughter of the late William H. and Beverley (Moore) Peyton. 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 . However, Graham makes no argument as to how she was prejudiced by these three factors. 2585.) 1992), we held that an indictment that charged murder for "a pecuniary or other valuable consideration or pursuant to a contract or for hire" was an indictment that charged "alternative methods" of proving the same capital offense. 417, 429, 710 S.E.2d 509, 515 (2011). 1109-41.). 2003), the court addressed the propriety of a similar argument and stated: 89 P.3d at 483-84. 1980). App. The State argues that Graham focuses on the testimony of 1 witness and not the other 19 witnesses who testified. The United States Supreme Court in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. Moreover, in Ex parte Belisle, 11 So.3d 323 (Ala. 2008), the Alabama Supreme Court held that Alabama's method of execution, lethal injection, does not constitute cruel and unusual punishment. Graham was arrested in July 2007 and sentenced in November 2015. The next day her body is found on the side of the road. App. 2535.). 4265.) The State asserted that Walton had never been charged with that crime and that there was no evidence indicating that Walton had killed Taylor. (C. 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. Graham did not object to this testimony; therefore, we are limited to determining whether there is plain error. 1993). This evidence was properly excluded, and its exclusion did not prevent Graham from properly cross-examining Walton. Forensic tests showed that the bullets that killed Shea were fired from the gun that Walton got from Graham. "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."
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