1981). The intent to kill must be real and it must be specific." Shea asked for help in getting an automobile. 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. Section 12-21-227, Ala. Code 1975, states: "The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do.". 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. (C. 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 story roars to life from its opening scenes, with Special Agent John Hartley (The Rock) racing to the scene of a possible crime where he hopes to prevent the world's second-best art thief,. 19.9M followers. More than 2,300 days have passed since Stephanie Shea Graham's lifeless body was found on Bowden Road, between U.S. 431 and Alabama 165 near Pittsview, Ala. The daughter was facing aggravated assault charges related to a drive-by shooting in Columbus, and Graham feared she would flee town and leave her parents responsible for her $100,000 bond.. See also Johnson v. State, 820 So.2d 842 (Ala. Crim. See also Annot., Judgment Granting or Denying Writ of Mandamus or Prohibition as Res Judicata, 21 A.L.R. 1986, 188 L.Ed.2d 1007 (2014). The court stated: "Appellant's statement was not in the form of a request, nor did appellant expressly say that he wanted a lawyer. 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. App. Reasons for the Delay. When Sheriff Taylor first entered the interrogation room occupied by Graham and her husband, the following occurred: (R. 1142) (emphasis added). 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. (Brian Cassella / Chicago . Healthy mother-of-two, 32, collapsed and died from brain bleed while she led fitness bounce class. "The fact that a defendant is in pain or taking pain medication does not, in and of itself, render any statement made involuntary." (C. 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. 2010). 4170.) 1986), to support her argument. They stopped at the end of Highway 165 near Bowden Road so that Shea could go to the bathroom on the side of the road. See Sockwell v. State, 675 So.2d 4 (Ala. Crim. "The remoteness of a collateral act goes to the weight of the evidence rather than its admissibility." (C. App. Collide: A Flippin' Fantastic Romance. Kindle Edition. The bullet-riddled body of her Graham's daughter,. Forensic tests showed that the bullets that killed Shea were fired from the gun that Walton got from Graham. 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. This Court addressed this same issue in Thompson v. State, 153 So.3d 84 (Ala. Crim. "The doctrine of invited error applies to death-penalty cases and operates to waive any error unless the error rises to the level of plain error." When 20-year-old Stephanie Shea Graham is found murdered on a desolate road, detectives gather clues and question those closest to her. The following occurred: "The Court: Anything from the defense? Category: People & Blogs. It contains 3 bedrooms and 2 bathrooms. This case's tragedy is that Walton was hired to do the dirty work by the victim's own mother, Lisa Graham. 3d ___, ___ (Ala. Crim. A prospective juror who responds that he or she will credit the testimony of a police officer more than the testimony of other witnesses may subsequently be rehabilitated; here, E.P. App. 2012), and stated: 153 So. 2. indicated that she was a good friend of Sheriff Heath Taylor and would place great weight on his testimony because she knew him to be truthful. Search instead in Creative? Graham also challenges the following testimony that occurred during Sheriff Taylor's examination. Death 05 July 2007 - Russell County, Alabama, USA. 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. Marcum v. State, 39 Ala. App. 2954, 57 L.Ed.2d 973 (1978), held that a court must consider all evidence submitted by a capital-murder defendant in mitigation. Directors Stuart Jones Eve Rodrick Writer Renee Turner Stars 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 . Graham is due no relief on this claim. Both shots to Shea's head were fatal wounds, Dr. Boudreau said. We stated: 584 So. I Charles W. Gamble & Robert I. Goodwin, McElroy's Alabama Evidence 45.01(8) (6th ed. App. Wednesday's sentencing is not the end of the story, as Graham is expected to appeal, a process that will add new chapters to what even veterans of the criminal justice system found to be a sordid. Sockwell, 675 So. Book 2 of 3: Flippin' Fantastic Romance. Graham was accused of persuading longtime family worker Kenneth Walton to kill daughter Stephanie Shea Graham, who went by Shea. "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 was originally tried in September 2012, tried a second time in February 2015, and convicted in March 2015. (Graham's brief at p. 85 n. 1996). Ex parte Hamm, 564 So.2d 469, 471 (Ala. 1990). At the very least, Graham argues, she was entitled to an Atkins hearing. 1986). "Lockett does not require that all evidence offered as mitigating evidence be found to be mitigation." v. Tal, 174 P.3d 559 (Okla. 2006), stated: 174 P.3d at 564-65. Graham's first trial ended in a mistrial, and she was tried a second time and convicted of capital murder. Luther Strange and Steve Marshall , attys. 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. 2597.) 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. State v. Terry, 207 N.C. App. Bedsole v. State, 974 So.2d 1034, 1040 (Ala. Crim. 2017), to support this argument. Ex parte Trawick, 698 So.2d 162, 167-68 (Ala. 1997). (R. During that interview, Sheriff Taylor said, Graham never indicated that she wanted to speak with a lawyer. "Failure to answer questions on a juror questionnaire is a race-neutral reason for a peremptory strike." 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."). Graham is due no relief on this claim. Shea butter is a potent skin . Isabel Ericksson was drugged, raped and kidnapped. Cassidy is home for the summer from college and working at the local bar. 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." Certainly, this argument was a legitimate inference that could have been drawn from the evidence and was a proper comment. (Graham's brief at p. 44-45.) 1992); Haney v. State, 603 So.2d 368 (Ala. Crim. 2242, 153 L.Ed.2d 335 (2002), and Hall v. Florida, 572 U.S. 701, 134 S.Ct. Graham's jury was composed of five African-American jurors and seven white jurors. Graham was convicted of hiring Walton to murder her daughter, Stephanie "Shea" Graham. Stephanie Shea Graham. 2001). Crim. State v. Marquardt, 243 Mont. He is best known for competing on the thirteenth season of RuPaul's . Graham responded that she did. It is the case of Stephanie "Shae" Graham. They had two young sons together, but were estranged. Posts. Stephanie Shea's official page on Facebook. Stephanie C Shea, 51. Citations are also linked in the body of the Featured Case. Shea butter is a better choice for the issues like scars, acne, stretch marks. 3d at 175. Without such an instruction, Graham says, the jury was free to "convict without proof of some economic gain expected by Mr. "`Jury instructions need not specifically define `[t]erms of common usage and meaning.'" The bullet-riddled body of her Graham's daughter, Stephanie Shea Graham, was found along a roadside in Cottonton in 2007. Listed below are those cases in which this Featured Case is cited. Because Graham faces the ultimate penalty death this Court must search the record of the lower court proceedings for "plain error." 2d at 265, quoting Zumbado v. State, 615 So.2d 1223, 1234 (Ala. Crim. "[T]he accused may be subjected to a second trial only where the prosecutor can demonstrate manifest necessity for terminating the first trial." The circuit court's ruling finding that the marital privilege had been waived is more than supported by the record. 2018). (R. Graham relies on Ex parte Griffin, 790 So.2d 351 (Ala. 2000), to support her argument that the circuit court committed reversible error in excluding this information. As this Court stated in Floyd v. State, 289 So.3d 337 (Ala. Crim. V1104091458484.w. With more questions than answers, detectives don't have to look far to find out who is behind this vicious murder and why. App. The record shows that Graham moved to suppress her statements to police. At trial, Graham made a different objection than the argument she makes on appeal. Bohannon v. State, 222 So.3d 457, 510 (Ala. Crim. Graham further argues that the error in admitting the evidence discussed in Parts IX.A. App. 2350, 129 L.Ed.2d 3132 (1994). 1994). The Rent Zestimate for this home is $1,754/mo, which has increased by $1,754/mo in the last 30 days. Rebecca provides a true crime case. App. E.P. We agree with the State that the circuit court did not commit error by failing to define the term "valuable consideration." 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. Based on the record in this case, we cannot say that there was plain error in regard to Graham's Batson argument. See 13A-5-49(a)(6), Ala. Code 1975 (aggravating circumstance that murder was committed for pecuniary gain). After delaying the sentencing hearing before the circuit court, a mental evaluation was conducted and Dr. Glen King, a clinical and forensic psychologist, examined Graham. 1130052, August 8, 2014), 194 So.3d 991 (Ala. 2014)(table). Community Rules apply to all content you upload or otherwise submit to this site. Walton recently testified against Lisa Graham, saying she asked him to kill the daughter, and he did so as "a favor.". 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. Hunt v. State, 659 So.2d 933, 939 (Ala. Crim. Williams v. State, 710 So.2d 1276, 1347 (Ala. Crim. Graham is due no relief on this claim. Graham objected that the testimony was not relevant, but on appeal Graham argues that the evidence was elicited to bolster Cunningham's credibility. Henry Stange was a 54-year-old man from Murrieta, California. E.P. Watson v. State, 398 So.2d 320, 328 (Ala. Crim. Authorities say that on. In fact, Boone does not address the issue of remoteness as that term applies to Rule 404(b). Graham moved that the statements be suppressed because she "claimed marital privilege as to any conversations between she and her husband, Kevin Graham." In July of that year, Graham conspired to have her daughter killed by family worker and long-time friend Kenny Walton. First, Graham argues that the circuit court erred in allowing Rachel Cunningham to testify that she had previously testified in Graham's first trial and that her testimony at the second trial was consistent with that testimony. Specifically, Graham argues that the circuit court erroneously instructed the jury that they could convict Graham of murder for hire even if the person that Graham intended to kill was not her daughter. 3481. App. Certainly, that standard was not met in this case. 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." 2007). The circuit court was within its discretion in declining to find the proffered evidence to be mitigating. (Graham's brief at p. (R. P. For the foregoing reasons, we affirm Graham's capital-murder conviction and her sentence of death. 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. On July 13, 2013, Judge Walker issued a 17-page order denying Graham's motion to dismiss. (R. Lived In Providence RI, Cranston RI, Warwick RI, Sutton MA. 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. 2585.) App. Buy newspaper front pages, posters and more. 2008). In her brief, Graham argues: "The prosecutor sought to prove Ms. Graham's consciousness of guilt by arguing that she asked Warren Thompson to clean her gun the day after Shea's death." African-American prospective juror R.H. indicated that she had previously served on a criminal jury. 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. Stephanie Grisham has a famous ex DanMarries/Instagram Once upon a time, Stephanie Grisham was married to Arizona TV news anchor Dan Marries. Part of the Daily Mail, The Mail on Sunday & Metro Media Group, Despite having an IQ of just 77 and suffering from depression, medics, ruled that Graham is mentally stable and eligible for the death penalty. See Henderson v. State, 248 So.3d 992 (Ala. Crim. This is the entire argument on this claim. However, the Alabama Supreme Court has recognized that the harmless-error rule applies to a circuit court's failure to remove a prospective juror for cause. App. Her Grandparents were the late Anne "Big Mama" Moore and John "Dinty" Moore of local family. Billy: The Early Years: Directed by Robby Benson. Authorities said she had been shot six times. Graham is due no relief on this claim. As he was driving away in his truck, he ran over Shea's right arm. Stephen Hemilburger testified that he lived across the street from the Grahams at the time of Shea's murder. 2002) ("The statutory right [to a speedy trial] is satisfied once the defendant is brought to trial, even if that trial results in a mistrial. Accordingly, there was no error, much less plain error, in the State's asking Kevin about Graham's relationship with her daughter Shea. Graham next argues that the circuit court erred in failing to "meaningfully consider" a mitigating circumstance. 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. After that interview, police contacted Graham and she voluntarily came to the police station with her husband, Kevin. African-American prospective jurors F.B., C.B., D.D., T.L., C.L., L.M., J.S., and S.R. Graham was indicted for violating 13A-5-40(a)(7), Ala. Code 1975. The early life of American Evangelist Billy Graham. Graham asserts that Hodge was her husband's "suspected lover.". App. 1958.)'" Youtube. 1131.) App. 4424.) at *2-3 (citing (R. Kramon & Graham, P.A. Graham also argues that her statements were involuntary because, she says, she was tired, confused, and on medication when she made them. 3480.) 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. The concept also embraces any words and conduct of the police that are the functional equivalent of interrogation." 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."). Therefore, Miranda warnings were not necessary. The circuit court stated that "it doesn't have to necessarily be money" and denied the motion. 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