Walker told his girlfriend that they had told them they were to "make themselves at home" if they (the Grahams) weren't back yet from fishing. 160.) See Rule 45A, Ala. R. App. In reviewing a circuit court's ruling on a motion to suppress a confession, we apply the standard adopted by the Alabama Supreme Court in McLeod v. State, 718 So.2d 727 (Ala. 1998): 718 So. The bullet-riddled body of her Graham's daughter, Stephanie Shea Graham, was found along a roadside in Cottonton in 2007. The Zestimate for this house is $319,000, which has increased by $6,897 in the last 30 days. 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. Indeed, this Court has discussed the broad application of 13A-5-40(a)(7). App. Brittany Hope Morgan, 28 - Trafficking Methamphetamine x 2. The circuit court correctly allowed the prospective jurors to be death-qualified concerning their views on capital punishment. With these principles in mind, we review the claims raised by Graham in her brief to this Court. 3d at 175. 1131.) See Henderson v. State, 248 So.3d 992 (Ala. Crim. (R. Zestimate Home Value: $260,000. In Henderson, this Court addressed the definition of "pecuniary gain" in 13A-5-40(a)(7) and stated: Moreover, this Court in Haney v. State, 603 So.3d 368 (Ala. Crim. The United States Supreme Court in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 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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. 1993); Harris v. State, 632 So.2d 503 (Ala. Crim. 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. Memorial services will be held 4 PM Wednesday at Vance Memorial Chapel with Rev. View the profiles of people named Stephanie Smith. Graham next argues that the prosecutor's arguments in the penalty phase denied her a fair trial. "Claims of prosecutorial misconduct are subject to harmless-error analysis." Died: July 6, 2007 (aged 20) Born: February 9, 1987 . In Harris v. State, 632 So.2d 503 (Ala. Crim. 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. Last, as required by 13A-5-53, Ala. Code 1975, this Court must review the propriety of Graham's conviction and sentence of death. Calhoun v. State, 932 So.2d 923, 975 (Ala. Crim. Graham is due no relief on this claim. E.P. 2005) (opinion on rehearing).7. '"); State ex rel. 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. 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. Also, the circuit court stated that the first element of the charges was that "Shea Graham is dead." Graham next argues that the circuit court erred in denying her motion to suppress her statements to police. Burrell v. Commonwealth, 58 Va.App. 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. Graham next argues that the State failed to present sufficient evidence that the murder was committed for pecuniary gain or for other valuable consideration. 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. Billy Graham, appearing before . In Graham's second statement, she said that she met Walton at a library, that it was Walton's idea to get rid of Shea by killing her, and that the gun Walton used was hers. App. That rule provides that a statement is not hearsay if the statement is "consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication, or improper influence or motive.". (R. Argument of counsel should not be so restricted as to prevent reference, by way of illustration, to historical facts and public characters, or to principles of divine law or biblical teachings." It would leave only one brave survivor. At the time of his death, he had been going through a divorce from his wife of 10 years. See also Blackmon v. State, 7 So.3d 397, 425 (Ala. Crim. Certainly, that standard was not met in this case. 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. 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. A S H L E Y G R A H A M model, mogul, mama. "The remoteness of a collateral act goes to the weight of the evidence rather than its admissibility." Stephanie Clark Graham. Youtube. Walton also testified that Thompson got the gun he used in order to clean it. Thus, Graham is due no relief on this claim. 4273-74.) The following occurred during Kevin's testimony: (R. 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. Ex parte Davis, 718 So.2d 1166, 1171-72 (Ala. 1998). The United States Supreme Court in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. (R. Click on the case name to see the full text of the citing case. 824, 54 L.Ed.2d 717 (1978)(footnotes omitted). Sharifi v. State, 993 So.2d 907, 922 (Ala. Crim. Walton testified that Graham had hired him to kill Shea. 1993). was compounded because, she says, the court did not give a limiting instruction on the use of the evidence. Davis v. United States, 512 U.S. 452, 459, 114 S.Ct. Graham is due no relief on this claim. On August 30, according to Stephanie Stearns, Buck Walker told her that the Grahams had invited the two of them over for dinner aboard the Sea Wind. Sentencing was scheduled for May this year, but delayed so Graham's mental state could be examined. 306 (1951), recognized that "martial communications are presumptively confidential" but the privilege may be waived. April 17, 2013. 2015). 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." The defendant must: (1) have significantly subaverage intellectual functioning (an IQ of 70 or below); (2) have significant defects in adaptive behavior; and (3) those two factors must have manifested themselves before the defendant attained the age of 18. Graham is due no relief on this claim. App. 2093.) Graham is due no relief on this claim. 488, 502, 598 A.2d 813, 820 (1991). Bankhead v. State, 585 So.2d 97, 108 (Ala. Cr. 2182, 33 L.Ed.2d 101 (1972). Kevin indicated at one point that Walton killed Shea to get back at them after they had fired Walton. 2008). App. However, Graham makes no argument as to how she was prejudiced by these three factors. 2001). Her parents, Kevin and Lisa, were high school sweethearts. Based on the cases cited and quoted above, the "pecuniary gain" in 13A-5-40(a)(7) may be a gain to the hirer in the form of insurance proceeds or other financial benefits. Graham indicated that she was satisfied with the court's resolution of the jury's question. 301, 95 S.Ct. (C. 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. As soon as he entered the room, Sheriff Taylor said, Graham started discussing the case. 1993), and Henderson v. State, 584 So.2d 841 (Ala. Crim. The jury recommended, by a vote of 10 to 2, that Graham be sentenced to death. 3d at 999. Costello said, he went into the room and spoke to Graham for about 10 minutes. Join Facebook to connect with Steph Graham and others you may know. (C. 3480.) 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."). Authorities say that on. See also Ex parte Landrum, 57 So.3d 77, 83 (Ala. 2010); Ex parte Woods, 789 So.2d 941, 946 (Ala. 2001). The Rent Zestimate for this home is $1,754/mo, which has increased by $1,754/mo in the last 30 days. Ex parte Trawick, 698 So.2d 162, 167-68 (Ala. 1997). Moreover, the evidence was not due to be excluded because its admission was more prejudicial than probative. On November 8, 2012, the Chief Justice appointed Judge Jacob A. Walker III to preside over the case. The State moved that Graham be prohibited from presenting any evidence suggesting that Walton had "killed another man named Earl Taylor." On July 5, 2007, Walton testified, Graham telephoned him and asked him to meet her at a local library. 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. State v. Aten, 130 Wn.2d 640, 664, 927 P.2d 210, 222 (1996). Stephanie Shea is a Canadian actress, daughter of Dan Shea and an elder sister of Joey Shea. (R. Stephanie Peyton Shea, age 55, of Fredericksburg, VA passed away Tuesday, June 9, 2020 at her residence. The record shows that E.P. 70.) 635, 408 N.E.2d 514 (1980), considered the definition of "hire" as that term applied to Indiana's murder-for-hire statute. Those exceptions have no application in this case. (R. They revealed that the plan had started in Las Vegas. 3. Coco butter is best for clogging pores, it quickly improves the appearance of skin. 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. Both shots to Shea's head were fatal wounds, Dr. Boudreau said. 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. State v. Howard, 728 A.2d 1178, 1182 (Del. Oscar Cainer tells all. )11 In that motion, she argued that the statements should be suppressed because they were involuntary. "`The United States Supreme Court has held that the penalty of death, if constitutionally applied, does not constitute cruel and unusual punishment.'" Videos Tagged. Graham also argues that her statements were involuntary because, she says, she was tired, confused, and on medication when she made them. P. For the foregoing reasons, we affirm Graham's capital-murder conviction and her sentence of death. 632 So. Graham is due no relief on this claim. In Varner, we stated: "Generally, the proponent of a witness may not bolster the credibility of a witness by showing that he made similar statements on prior occasions. Graham also argues that the death penalty violates the Eighth Amendment's bar against cruel and unusual punishment. 311, 314-17, 699 S.E.2d 671, 674-76 (2010). 2005). Steph Graham is on Facebook. 603 So. "Criminal trials are adversary proceedings and not social affairs. Davis v. State, 718 So.2d 1148, 1157 (Ala. Crim. Graham asserts that the State presented no evidence indicating that Walton received any financial reward for killing Shea, only that Graham promised to do Walton a "favor," and that that is not sufficient, she argues, to comply with the capital-murder statute regarding pecuniary gain. "An invocation must be clear and unambiguous; the mere mention of the word `attorney' or `lawyer' without more, does not automatically invoke the right to counsel." Graham's sentence was not. (R. Buy newspaper front pages, posters and more. Nickerson v. State, 629 So.2d 60, 63 (Ala. Crim. (R. When he was arrested, he quickly accepted the mother's involvement. 2003), quoting Varner v. State, 497 So.2d 1135, 1137 (Ala. Crim. 371, 376, 679 S.E.2d 464, 468 (2009). 365.) 2009). "); State v. White, 275 Kan. 580, 602, 67 P.3d 138, 153-54 (2003) ("The speedy trial statute, K.S.A. This is the entire argument on this claim. 1364, 113 L.Ed.2d 411 (1991); to defense counsel in criminal cases in Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. Marcum v. State, 39 Ala. App. Graham is due no relief on this claim. Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. 2003) ("Generally, an individual who will unquestionably credit the testimony of law enforcement officers over that of defense witnesses is not competent to serve as a juror. It was exactly this time last year that Lisa Carpenter Graham was handed a death sentence for hiring a hit man to kill her daughter, Stephanie Shae Graham. There's one in behind it. 2010). Based on long-established caselaw there was no error in the court's reference to the jury's verdict in the penalty phase as a recommendation. The Body On Bowden Road. Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. Authorities said she had been shot six times. Isabel Ericksson was drugged, raped and kidnapped. indicated on their questionnaires that they had only a "fair" or "poor" opinion of lawyers. "The reasons for this rule is that such evidence is hearsay and is inadmissible unless an exception can be found." Only Mike Dominguez and Stewart Woodman took the deal. 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)." See Sharifi v. State, 993 So.2d 907, 926 (Ala. Crim. 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. 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