1109-41.). Ex parte Hamm, 564 So.2d 469, 471 (Ala. 1990). Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl. Graham's first trial ended in a mistrial, and she was tried a second time and convicted of capital murder. See Rule 45A, Ala. R. App. As noted above, the officers testified that Graham did not appear confused and that she appeared lucid. P., petition" was the law of the case. When asked by defense counsel about Graham's ability to "act reasonably," Dr. King testified: Smith v. State, 213 So.3d 239, 252 (Ala. 2007). (R. 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." Graham is due no relief on this claim. 2008). He shot Shea two times in her head and then four times in her chest. In her statement, Graham said: "[I]n all honesty, [I] told [Walton] I'd give anything, and I didn't quote a number, if somebody would just do something with Shea." Graham next argues that the circuit court erred in limiting her attorney's ability to cross-examine the State's key witness. 1995). The following occurred: (R. Goodrich said that Graham initialed each page of and signed the waiver-of-rights form. Here, Graham did not specifically ask for counsel, although she did mention the word attorney during questioning. App. "`Generally, the proponent of a witness may not bolster the credibility of a witness by showing that he made similar statements on prior occasions. App. Based on the record in this case, we cannot say that there was plain error in regard to Graham's Batson argument. As soon as he entered the room, Sheriff Taylor said, Graham started discussing the case. 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. 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. Prosecutors told how Graham hated her daughter because she was hooked on drugs, was working as a stripper and possibly a prostitute, and had dropped out of college. 1958.)'" The next morning Walton checked his voice-mail messages and discovered a message from Graham. 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. Brittany Hope Morgan, 28 - Trafficking Methamphetamine x 2. View the profiles of people named Stephanie Smith. 1993) ("[M]anifest necessity for mistrial exists where judge or juror cannot attend because of illness or death. Prosecutors say Lisa Graham wanted her daughter killed because she felt that she was destroying her marriage and ruining her life. Graham then filed a similar petition in the Alabama Supreme Court. The jury, by a vote of 10 to 2, recommended that Graham be sentenced to death. App. "Lockett does not require that all evidence offered as mitigating evidence be found to be mitigation." Find Instagram, Twitter, Facebook and TikTok profiles, images and more on IDCrawl - free people search website. 2d at 6-7 (footnotes omitted). Here, Graham did not make a Batson objection after the jury was selected. App. 73.) 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." State v. Howard, 728 A.2d 1178, 1182 (Del. 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. Lisa Graham, was convicted of paying a family friend to. Stephanie also made stunts in Stargate SG-1 episode Talion. Other formats: Paperback. Bohannon v. State, 222 So.3d 457, 510 (Ala. Crim. See also State v. Knight, 245 N.C. App. 35.) App. App. Graham did not file any motion for a speedy trial. I seen old doofas [sic] in there putting a tape in there so he can record everything." Graham next argues that she was entitled to a jury instruction on "valuable consideration." Here, at the conclusion of the State's case, Graham moved for a judgment of acquittal. 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. Because Graham faces the ultimate penalty death this Court must search the record of the lower court proceedings for "plain error." 23.) Looking for Stefanie Shea online? 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. 1990). 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. McGlocklin v. State, 910 So.2d 154, 156 (Ala. Crim. Court of Criminal Appeals of Alabama.https://leagle.com/images/logo.png. Graham next argues that the prosecutor's improper arguments constituted an "improper exhortation [for the jury] to convict." Graham indicated that she was satisfied with the court's resolution of the jury's question. App. Graham argues that her constitutional right to a speedy trial was violated because, she says, more than eight years elapsed between her arrest and her conviction. 1989)." (R. App. (R. The circuit court allowed the conversation to be admitted after it found clear indications that the privilege had been waived because, it found, the Grahams were both aware that their conversation was being recorded. 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. She was a 19 year old who went missing. "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." App. She argues that the circuit court's application of this aggravating circumstance is too broad and is contrary to this Court's holding in Henderson v. State, 584 So.2d 841 (Ala. Crim. We hold that, under the circumstances presented here, appellant's statement was not a clear and unambiguous request for counsel." See also United States v. Holley, 986 F.2d 100, 104 (5th Cir. She further argues that she was not given sufficient notice of the crime for which she was to defend against. Grisham's ex is the father of her older son,. 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. Cassidy is home for the summer from college and working at the local bar. (R. 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. Both shots to Shea's head were fatal wounds, Dr. Boudreau said. 2677.). In her brief, Graham argues that a harmless-error analysis should not apply in this case because, she says, she was sentenced to the ultimate penalty and is entitled to heightened scrutiny on this claim. Graham was convicted of hiring Walton to murder her daughter, Stephanie "Shea" Graham. Evid., and the Supreme Court's holding in Ex parte Boone, 228 So.3d 993 (Ala. 2016). Now find out how he got there. Dinkins telephoned emergency 911, and shortly thereafter Russell County sheriff's deputies arrived on the scene. In fact, Boone does not address the issue of remoteness as that term applies to Rule 404(b). A Texas Court of Appeals in Molina v. State, 450 S.W.3d 540, 547 (Tex. "The fact that a defendant is in pain or taking pain medication does not, in and of itself, render any statement made involuntary." Graham's jury was composed of five African-American jurors and seven white jurors. (C. Kevin stated in his conversation with Graham: "Papa [Thompson] said you brought him the gun Friday [the day after Shea's body was found] and it had rust on it." For the foregoing reasons, we find no reversible error in the prosecutor's comments. Bigham v. State, 23 So.3d 1174, 1177 (Ala. Crim. 2015). It contains 3 bedrooms and 2 bathrooms. 2899.) He told her that he could not talk to her until she had been notified of and waived her Miranda rights. 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. 1993) (footnote omitted). 24.). Also, the fact that Walton had received no benefit before the murder did not negate the application of 13A-5-40(a)(7). Click on the case name to see the full text of the citing case. As she was squatting beside the truck, Walton pulled out the 9mm pistol and shot her six times, twice in the head, leaving her bullet-riddled body with her pants around her ankles. Indeed, she did not confess during her conversation with her husband. In Graham's first trial, the circuit court granted Graham's motion to suppress because, it ruled, the conversation was protected by marital privilege.4 However, in the second trial the circuit court denied Graham's motion to suppress after finding that Graham knew that her conversation with her husband was being recorded; therefore, the court concluded, the conversation was not a confidential marital communication. Stephanie Shea is a Canadian actress, daughter of Dan Shea and an elder sister of Joey Shea. 824, 17 L.Ed.2d 705 (1967). Looking for Stephanie Graham online? Stephen Hemilburger also testified that Graham had offered him $5,000 to kill Shea. 2006). Graham did not object to this testimony; therefore, we are limited to determining whether there is plain error. The State asserts that this testimony was not hearsay pursuant to Rule 801(d)(1)(B), Ala. R. 603 So. 2350, 129 L.Ed.2d 3132 (1994). People v. Esparza-Treto, 282 P.3d 471, 480 (Colo. App. App. After this argument was made, defense counsel then stated: (R. (R. Accordingly, we find no error in the circuit court's instructions. Investigation Discovery is airing a one-off special featuring the murder of Stephanie 'Shea' Graham, who was brutally murdered in rural Alabama by hired stooge Kenneth Walton. Graham next argues that the circuit court erred in failing to "meaningfully consider" a mitigating circumstance. 1986), to support her argument. See also Annot., Judgment Granting or Denying Writ of Mandamus or Prohibition as Res Judicata, 21 A.L.R. 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. 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. Morris v. State, 60 So.3d 326, 361-62 (Ala. Crim. Billy Graham, appearing before . (Graham's brief at p. 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.. Graham did not invoke her right to counsel and is due no relief on this claim. Ex parte Burgess, 723 So.2d 770, 771 (Ala. 1998), quoting Ex parte Harrell, 470 So.2d 1309, 1317 (Ala. 1985). The circuit court did not instruct on the issue of transferred intent because it had no application to the facts of this case. Stephanie P. Graham, Attorney at Law Wills, Trusts, Probate & Litigation, Graham Estate Planning. 2d at 885. Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. App. When the truth is finally revealed, the identity of her killer will prove to be more shocking than ever imagined. 2644.) 504, 506, 280 So.2d 209, 211 (1973). 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. 1419, 128 L.Ed.2d 89 (1994). The circuit court correctly allowed the prospective jurors to be death-qualified concerning their views on capital punishment. Conspiracy of silence': British spy chiefs face calls to release intelligence on Covid origins after FBI Lisa Graham sentenced to death for hiring man to kill her daughter | Columbus Ledger-Enquirer, Do not sell or share my personal information. 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). See also People v. Ortega, 370 P.3d 181, 190 (Colo. App. 3075.) Here, at the beginning of the jury instructions, the court read the indictment to the jury. 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. Videos Tagged. The Rent Zestimate for this home is $1,617/mo, which has increased by $5/mo in the last 30 days. )). The circuit court asked both parties if they were satisfied, and both the State and defense counsel indicated that they were satisfied. 2017). See Sharifi v. State, 993 So.2d 907, 926 (Ala. Crim. Hemilburger said that he thought Graham was kidding "until she reiterated that she wanted the little bitch dead; that she was tired of spending money for attorney's fees on her." Pursuant to 13A-5-52, Ala. Code 1975, the circuit court also specifically stated that it had considered all evidence offered for both statutory mitigation and nonstatutory mitigation. He retired in December that year, and died just weeks later in January 2013. George Beverly Shea, who escaped a life of toil in an insurance office to become a Grammy-winning gospel singer and a longtime associate of the Rev. Uptain v. State, 534 So.2d 686, 687 (Ala. Crim. When denying Graham's mandamus petition, this Court stated: On appeal, the State argues that this Court's ruling on Graham's petition for the writ of mandamus constitutes the law of the case and is binding on this Court in this appeal. 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. Moore v. Texas, 581 U.S. ___, ___, 137 S.Ct. The Zestimate for this house is $319,000, which has increased by $6,897 in the last 30 days. (R. 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. 2010), quoting State v. Woods, 382 S.C. 153, 157-58, 676 S.E.2d 128, 131 (2009). 4002.) 1988). Gobble v. State, 104 So.3d 920, 970 (Ala. Crim. (C. Moreover, even if the three words in the instructions "or another person" were erroneous, that error would be harmless beyond a reasonable doubt. Stephanie Shea Graham and The Horrible Parent - YouTube Another Real Disturbing story. She got in a truck with a man her friends did not recognize 531.) 2d at 265, quoting Zumbado v. State, 615 So.2d 1223, 1234 (Ala. Crim. In the conversation, Graham said that she met Walton at a library and gave him a gun. The court reinstructed the jury as requested by Graham as follows: (R. Our review of the record shows that Graham's death sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor. On March 11, 1985, Neil, Stewart, Steven, Robert, Anthony, and Mike were all arrested. E.P. 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. (R. Prejudice to Defendant. Verified. State v. Smith, 868 S.W.2d 561, 574 (Tenn. 1993). A P R I L 6: A Quiet Place: Paramount Pictures / Platinum Dunes / Sunday Night Productions: John Krasinski (director/screenplay); Scott Beck, Bryan Woods (screenplay); John Krasinski, Emily Blunt, Millicent Simmonds, Noah Jupe: Blockers: Universal Pictures / Good Universe / Point Grey Pictures: Kay Cannon (director); Eben Russell, Jon Hurwitz . 4. 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."). 2019). Nor is the "the trial court required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating." (Graham's brief at p. However, Graham ignores the fact that her first trial ended in a mistrial. Graham is due no relief on this claim. 2d at 514. Graham's lawyers attempted to get her case thrown out under double jeopardy rules, but the appeal was thrown out, and in March this year she was convicted of murder. (R. App. 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. This Court addressed this same issue in Thompson v. State, 153 So.3d 84 (Ala. Crim. 2d at 729 (footnote omitted). Goncalves v. Commonwealth, 404 S.W.3d 180, 199 (Ky. 2013). It relies on Arthur v. State, 238 So.3d 1276 (Ala. Crim. App. App. Graham had in fact given it to the neighbor in secret to clean away evidence, but officers got there too soon, and were able to prove it was the murder weapon. However, the circuit court gave the mitigating circumstance in 13A-5-51(6) "little weight." 2010); Hyde v. State, 13 So.3d 997 (Ala. Crim. (C. See also Ex parte Landrum, 57 So.3d 77, 83 (Ala. 2010); Ex parte Woods, 789 So.2d 941, 946 (Ala. 2001). Bonner v. State, 921 So.2d 469, 473 (Ala. Crim. Graham then responded: "Yeah. Graham is due no relief on these claims. "The circuit court must consider evidence offered in mitigation, but it is not obliged to find that the evidence constitutes a mitigating circumstance." 44-45.) Goodrich testified: (R. 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. See Greene v. State, 237 Md.App. With Armie Hammer, Lindsay Wagner, Martin Landau, Stefanie Butler. 1111.) Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. Specifically, she argues that the statements were not voluntary because she did not waive her right to counsel and, at the time she gave her statements, she was exhausted, confused, and on medication. 4275.). App. 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. Graham next argues that the prosecutor's closing arguments in the guilt phase were erroneous. The early life of American Evangelist Billy Graham. Zestimate Home Value: $315,000. Graham is due no relief on this claim. "`"Delays occasioned by the defendant or on his behalf are excluded from the length of the delay and are heavily counted against the defendant in applying the balancing test of Barker."'" App. at 670-71, 408 N.E.2d at 537 (emphasis added). P. As stated above, "violent acts indicating the relationship between the victim of a violent crime and the defendant prior to the commission of the offense are relevant to show defendant's hostility toward the victim, malice, intent, and a settled purpose to harm the victim." 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. It is a valid race-neutral reason to strike a prospective juror who has a "`chip on her shoulder' regarding the judicial system." 3d at 999. (R. 4266.) The record shows that, after the jury recommended a sentence of death, the following occurred: (R. 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." The Alabama Supreme Court in Boone held that evidence of the defendant's gang membership was not admissible under Rule 404(b), because there was no evidence that the murder the defendant was accused of committing had been gang affiliated. The above-quoted testimony was elicited on redirect examination after Cunningham's credibility had been attacked on cross-examination. Here, during Walton's direct examination, the following occurred: Walton testified that he expected to receive "something" for killing Shea in addition to the favor that Graham promised him. In fact, there was no testimony that Hodge was dead. 3d at 175. Ex parte Ferguson, 814 So.2d 970, 976 (Ala. 2001). 1991), addressed a similar issue and held that there was no privilege because the conversation between the two spouses occurred in the presence of police. Charlotte R. Morrison and Claudia B. Flores , Montgomery; Robert G. Poole , Opelika; and Margaret Y. When officers questioned Graham she claimed not to know where the pistol was, before her husband helpfully mentioned that an elderly neighbor was cleaning it. 175 Stephanie Grisham Photos and Premium High Res Pictures - Getty Images EDITORIAL All Sports Entertainment News Archival Browse 175 stephanie grisham stock photos and images available, or start a new search to explore more stock photos and images. Graham's purported evidence that Shea could have used the death of Earl Taylor to her advantage was based on pure speculation and "would [have] serve[d] only to confuse the jury." Petric v. State, 157 So.3d 176, 217 (Ala. Crim. 2945-47.) Lisa Graham, from Russell County, was convicted of ordering the death of her 20-year-old daughter Stephanie 'Shae' Graham back in March, but her sentencing was delayed for a medical report. 4380-81.) Graham is due no relief on this claim. 133, 135, 793 P.2d 799, 800 (1990).3. 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