Fla. Stat, (1981) - Florida State University College of Law

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INTRODUCTION
The appellant, Fbbert lacy Parker, was the defendant in the trial court,
the Circuit Court of the Fourth Judicial Circuit of Florida, in and for mval
coun"cy, and the appellee, the State of Florida, was the prosecution. In this
brief, all parties w ill be referred to as they stocd in the trial court,
qhasis is supplied unless othexwise indicated.
The symbol "R. 'I Shall
designate the three yolums labeled 'Transcript of kmrd" The symbol "T. 'I
shall designate the stencgraphic transcript of in-court proceedings.
STATEMENT QF CASE
Chl Febyuary 25, 1982, an indictment charging the defendant with two
counts of first degree murder in the deaths of Richard Padgett (Count I) and
Nancy Sheppard (Count 11) was filed in the Circuit CDwt of mval County.
(R. 3-5)
At arraignment on Februaxy 26, 1982, the Public Defender was appointed
to represent the defendaht; counsel stood mute and a plea of not guilty was
entered by the court on the defendant's behalf. (T. 6-8)
QI rjhrch 3, 1982, the defendant filed his Demand for Discovery, (R. 7-8);
Wtion for Statanent of Particulars (R. 9-10); rJbtion to Dismiss Indictmnt or
to Declare that Death is not a Possible Penalty (R. 11-12); Mtion to kclare
that Death is not a Possible Penalty (E. 16-31); and Fbtion for Production of
Fayorable Evidence (R. 44-45).
rvbtion to Dismiss Indicrtment or to Declare that Death is not a possible Penalty
(R. 82; T, 42-43) and the &tion to Declare that Death is not a mssible Penalty
(R. 84, T. 35-37). The Wtion for Production of Favorable Evidence was granted
after argument on April 2, 1982. (R. 88, T. 90-92).
On April 2, 1982, the lower court denied the
01 March 30, 1982, the defendant filed his Wtion in Limine (R. 57),
Pbtion to Vacate Death Pmqlty (R. 61-67), Motion to Declare Section 922.10
Florida Statutes kconstitutional (R. 68-70), I-btion for Individual and
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