311, 314-17, 699 S.E.2d 671, 674-76 (2010). It would leave only one brave survivor. Graham next argues that the circuit court erred in allowing evidence of prior bad acts that Graham committed against Shea to be admitted into evidence. 3549-50.) Died: July 6, 2007 (aged 20) Born: February 9, 1987 . Thus, Graham is due no relief on this claim. 2d at 379. ]" Id. As he was driving away in his truck, he ran over Shea's right arm. attys. 2013)(table). '"); State ex rel. Greene was reported to have fallen asleep in court multiple times. When he was arrested, he quickly accepted the mother's involvement. 632 So. Ex parte Graham (No. The center has been the site for several holistic community . In fact, there was no testimony that Hodge was dead. State v. Smith, 868 S.W.2d 561, 574 (Tenn. 1993). and B.V., who both said they would expect Ms. Graham to testify and make her `voice heard.'" "The fact that a defendant is in pain or taking pain medication does not, in and of itself, render any statement made involuntary." 2535.). Graham is due no relief on this claim. 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. The circuit court's order shows that it specifically considered Graham's mental health as a possible mitigating circumstance. Law v. State, 249 Ga.App. Later during voir dire, the following occurred: (R. Costello said, he went into the room and spoke to Graham for about 10 minutes. 4227.) Accordingly, there was no error, much less plain error, in the State's asking Kevin about Graham's relationship with her daughter Shea. 238 So. Graham asserts that Hodge was her husband's "suspected lover.". Sheriff Taylor said that an officer came to his office during the interview to tell him that Graham wanted to talk to him "to tell me the truth." Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. 2 pretty riding ponies, both into the Inter Dominion Final for 2022. The statute is written in broad terms, as evidenced by the legislature's use of the word "or" instead of "and." The Body On Bowden Road. During her trial, the jury heard how Graham bitterly resented her daughter, constantly complaining to family and friends that the girl was a nuisance, and that she would like to kill her. Graham further argues that the conversation was the functional equivalent of a police interrogation; therefore, she asserts, the contents of the conversation were improperly admitted because Graham was not given her Miranda9 rights before the start of the conversation. McGlocklin v. State, 910 So.2d 154, 156 (Ala. Crim. Graham is due no relief on this claim. We further stated: Based on this Court's holding in Haney, this aggravating circumstance was correctly applied after the jury found beyond a reasonable doubt, in the guilt phase, that Graham was guilty of violating 13A-5-40(a)(7), Ala. Code 1975. 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. (C. Directors Stuart Jones Eve Rodrick Writer Renee Turner Stars Graham was convicted of coaxing longtime family acquaintance, Kenneth Walton, to kill her 20-year-old daughter who went by Shea. As this Court stated in Floyd v. State, 289 So.3d 337 (Ala. Crim. App. State v. Prtine, 784 N.W.2d 303, 311 (Minn. 2010). He said that Graham told him that she wanted to speak with Sheriff Taylor "and tell him the whole truth and everything that happened." "); United States v. Smith, 390 F.2d 420, 425 (4th Cir. The circuit court granted that motion and stayed all proceedings on July 17, 2013. On September 25, 2012, a mistrial was declared by Judge George R. Greene. See 13A-5-53(b)(1), Ala. Code 1975. The Phillips Court instructed the jury that the defendant had to have the specific intent to kill only the mother, and not the baby, to be convicted of capital murder. more. 532, 538, 785 S.E.2d 324, 331 (2016) ("[W]hen a defendant is retried following a mistrial, prior evidentiary rulings are not binding. Graham is due no relief on this claim. However, she said that she thought that Walton was going to use the gun to kill her husband's girlfriend Ieisha Hodge. Graham asked Walton for the gun, and he retrieved it from his truck. DeBlase v. State, 294 So.3d 154, 241-42 (Ala. Crim. This is true because the standard of review when considering a petition for a writ of mandamus is stricter than the standard for reviewing an issue on direct appeal. Goodrich testified: (R. App. App. An Alabama mother who paid a family friend to shoot her daughter dead because she was an 'inconvenience' has been sentenced to death. 2945-47.) Graham is due no relief on this claim. In 2007 she was also charged with aggravated assault over a rive-by shooting, and Graham worried that she was going to flee the state, leaving her to pay a $100,000 bond. (R. 824, 54 L.Ed.2d 717 (1978)(footnotes omitted). Specifically, Graham argues that she was not allowed to question Kenny Walton about what he told Graham and her daughter about killing a man named Earl Taylor in Georgia. 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. Jonathon Andrew Bradshaw, 32 - Trafficking Methamphetamine x 3, Possession of Explosives by a Convicted Felon. Thus, Graham is due no relief on this claim. App. See Henderson, supra. 2003). "[R]eversible error cannot be predicated upon the overruling of an objection to a question which is not answered." (R. Stephen Hemilburger testified that he lived across the street from the Grahams at the time of Shea's murder. Graham did not object to this testimony; therefore, we are limited to determining whether there is plain error. Stephanie Graham. 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. 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. We consider the following: (1) the length of the delay; (2) the reasons for the delay; (3) the defendant's assertion of his or her right to a speedy trial; and (4) the prejudice to the defendant. Authorities said she had been shot six times. Also, the circuit court stated that the first element of the charges was that "Shea Graham is dead." Here, at the conclusion of the State's case, Graham moved for a judgment of acquittal. State v. Harris, 198 N.C. App. Furthermore, there was a variance, Graham argues, between the evidence presented at trial and the indictment because there was no proof that money was exchanged for the killing. Walton said the mother met him at the Columbus Public Library that . She was born on September 26, 1964 in Fredericksburg, VA, the daughter of the late William H. and Beverley (Moore) Peyton. Commonwealth v. Robson, 461 Pa. 615, 623, 337 A.2d 573, 577 (1975). Regardless of whether the above testimony meets the requirements of Rule 801(d)(1)(B), we find no error that rises to the level of plain error. We agree. 1-(888) 41WILLS | 1-888-419-4557. www.grahamestateplanning.com. App. 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." App. Graham's motive and intent were in dispute at trial. Based on the totality of the circumstances, we hold that the circuit court did not abuse its discretion in denying Graham's motion to suppress her statements to police. (C. "`While Lockett and its progeny require consideration of all evidence as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority.' We consider each claim individually. 1109-41.). Today psychiatrists told Judge Jacob Walker III that, despite having an IQ of just 77, Graham was capable of understanding the consequences of her actions, and was eligible for capital punishment. We further stated: In discussing the sufficiency of the evidence to sustain a conviction, this Court has stated: Ex parte Woodall, 730 So.2d 652, 658 (Ala. 1998). 4392-93.) 35.) (R. 2005) (opinion on rehearing).7. (R. App. 1992); Haney v. State, 603 So.2d 368 (Ala. Crim. The circuit court cited Sockwell and Henderson when denying Graham's motion for a judgment of acquittal. 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. Other formats: Paperback. 679 following. Death 05 July 2007 - Russell County, Alabama, USA. There was also evidence indicating that the Grahams had provided a cash bond for Shea in the amount of $100,00014 when Shea was arrested and charged with a drive-by shooting and that Graham had feared that that money would be forfeited because of Shea's bad conduct.15 (C. The State contends that there was evidence demonstrating that Graham intended to give money to the person who killed her daughter though no amount was ever specified. Graham was tried in February 2015 and convicted in March 2015. l'ge de 20 ans, Stephanie"Shea"Graham tait une jeune apparemment ordinaire, avec non seulement une vie sociale active, mais aussi des rves optimistes la fois pour elle-mme et pour l'avenir de notre monde. 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. Walton told Graham that the gun was dirty and needed to be cleaned. Graham is due no relief on this claim. App. Based on our weighing of the Barker factors, we hold that Graham was not denied her constitutional right to a speedy trial. 1201.) They had two young sons together, but were estranged. Walton also testified that Thompson got the gun he used in order to clean it. The conversation consisted mostly of the two questioning why Graham was asked to the police station. Here, no Atkins hearing was held because Graham never challenged her intellectual functioning. The circuit court also considered that Graham's son was called by Graham to testify in the sentencing hearing and asked that Graham's life be sparred. As the circuit court noted, Walton had not been charged with Taylor's murder and over nine years had passed since Taylor's death. However, we have examined the record and find no evidence indicating that the jury that convicted Graham was biased or impartial. 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)." At the very least, Graham argues, she was entitled to an Atkins hearing. Graham was indicted and convicted of hiring Kenneth Walton to murder her daughter, an offense defined as capital by 13A-5-40(a)(7), Ala. Code 1975, thereby punishable by death. YouTubes privacy policy is available here and YouTubes terms of service is available here. 1990). There was evidence indicating that the gun was given to Thompson for him to clean. On multiple occasions, after that date, Walton said, Graham asked him to kill Shea. Costello of the Russell County Sheriff's Department testified that he had observed the interview between Goodrich and Graham. "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." Sheriff Taylor never answered the now-challenged question. Comment Stephanie"Shea"Graham est-elle morte ? Stephanie Shea Graham. View the profiles of people named Stephanie Graham. App. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. View the profiles of people named Stephanie Smith. Graham is due no relief on these claims. (Brian Cassella / Chicago . Nor did the instructions amend the indictment. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. At the time of his death, he had been going through a divorce from his wife of 10 years. (R. App. The record shows that the voir dire of the prospective jurors was extensive and consists of over 2,100 pages of the record. 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. 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. "`The United States Supreme Court has held that the penalty of death, if constitutionally applied, does not constitute cruel and unusual punishment.'" Wright v. State, 279 Ala. 543, 550-51, 188 So.2d 272, 279 (1966). The State asserts that this testimony was not hearsay pursuant to Rule 801(d)(1)(B), Ala. R. 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 County, AL.. A S H L E Y G R A H A M model, mogul, mama. 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. Moreover, if any error did occur, we are confident that the error was harmless beyond a reasonable doubt. State v. Powers, 654 N.W.2d 667, 679 (Minn. 2003). Zestimate Home Value: $260,000. App. 3d ___, ___ (Ala. Crim. Specifically, Graham challenges the introduction of evidence that was admitted during two state witnesses' testimony Stephanie Vasquez and Kevin Graham. Defense counsel objected and argued that Vasquez only had daily contact with Shea until she was about 11 years old and that that was over 10 years earlier and too remote. Facebook gives people the power. In 2007, after a night out with friends, 20 year old Stephanie Shea Graham fails to return home. "The ultimate determination of `[w]hether a statement constitutes an unequivocal request for counsel is a question of law,' subject to de novo review." The next morning Walton checked his voice-mail messages and discovered a message from Graham. 3d at 999. 2093.) 2006), quoting McClendon v. State, 813 So.2d 936, 944 (Ala. Crim. 2d at 1137. There is no evidence indicating that police used Graham's husband as a ploy to make Graham confess. Thus, Graham failed to show that her sentence of death is barred because she is intellectually disabled. ), Rachel Cunningham testified that she lived about two blocks from the Grahams and visited their house on numerous occasions. Ex parte Walker, 972 So.2d 737, 754 (Ala. 2007). The State argues that in Haney v. State, 603 So.2d 368 (Ala. Crim. 314, 325, 174 P.3d 1205, 1211 (2007). Clearly, the prosecutor's remarks were based on the evidence and did not constitute error. This Court recently addressed a similar issue and stated: Largin v. State, 233 So.3d 374, 395-97 (Ala. Crim. Only Mike Dominguez and Stewart Woodman took the deal. Moore v. Texas, 581 U.S. ___, ___, 137 S.Ct. 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. Nonetheless, we reach the same holding that this Court reached when it issued its order denying Graham's mandamus petition. However, E.P. Graham answered: "Because they're recording everything we're saying." The United States Supreme Court in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. Second, Thompson testified in Graham's first trial and was subjected to cross-examination, and his testimony was admitted into evidence at Graham's second trial. App. Walton." Graham next argues that the circuit court erred in "reopening the suppression hearing." Henderson, 584 So. "`Neither the Alabama Rules of Evidence nor Alabama caselaw sets a specific time limit for when a collateral act is considered too remote, other than a conviction for impeachment purposes.'" Second, Graham argues that the following argument was improper because, she says, it "denigrated mitigating evidence": Simmons v. State, 797 So.2d 1134, 1162 (Ala. Crim. That date, Walton said, Graham challenges the introduction of evidence that was admitted two... Bradshaw, 32 - Trafficking Methamphetamine x 3, Possession of Explosives by a Convicted Felon, 325 174. Consisted mostly of the Barker factors, we have examined the record and no. Had observed the interview between Goodrich and Graham Haney v. State, 603 So.2d 368 Ala.! & # x27 ; s involvement 279 Ala. 543, 550-51, 188 So.2d 272, Ala.... R. Stephen Hemilburger testified that he had observed the interview between Goodrich and.. 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