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

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a arrived at Long's house, they saw long and Groover CCBning out the door. IT. 1825). &cover had a shotgun in his hands. (T. 1212, 1825). fm his job that day, (T. 1333-1334). the day trying to collect mney that was CJWed to them for drugs they had sold. IT. 1361). to obtain payrent. (T. 1378). Long had just been fired Gmver and Long were going to spend Grawer and Long took the &otgun along ta use as a "good persuader" The defendant asked Gm0ve.r if Groovex: had the mney he wed the defendant, and Groover told the defendant that he did not, but he was going to get it. (T. 1825). collateral until he could pay the defendant in cash (T. 1826). had prevbusly accepted the s m cross as collateral for one of Billy Long's debts, and had returned it to Billy when Billy had given him the mney (T. 1826). The defendant did tell (;roover he was going to "hang his ass" if he didn't cane up with the mney (T, 1827). and Padgett, and Green told him they were probably over at Johnson's house. (T. 1183). Groover gave the defendant a gold cross and chain to hold as The defendant Gmover asked Green where he could find Johnson Long drove @mover in long's mther's car to visit four different people who wed him drug mney, including Wmis Johnson. (T. 1361-1378). &brris' brother, told Long and &cover that Mxris and Richard Padgett had gone fishing. (T. 1685). four quarter sacks of T, and that he was going to get his mney "one way or the other". (T. 1686-1687). Wayne Johnson, Groover told Wayne that mrris and Padgett wed him for Wayne Johnson testified that Grmver had a loaded shotgun held between his legs, sitting in the car with Ung, when he made those statarmts. (T. 1685-1686). Long and Graver were unable to find Johnson and Padgett; they returned to Long's house, ate dinner, and went to The Sugar Shack, (T. 1382-1383). Joan Bennett testified that she saw the defendant, FJaine Parker, Billy Long and Tbwry Groover at The Sugar Shack between 6:OO and 8:OQ P.M. on Saturday night. (T. 1533-1534). Bennett claA she heard the defendant tell the others that he was tired of people awing him mney for drugs, and that he was Page -6-
0 going to kill "the mther fucker", (T. 15061, while the otJxrs sat around and laughed. (21. 1534-1535). bng, hmeva, testified that he and Grmver were at his house frm 5:OO to 8:OO Saturday evening, (T. 1383-13841, that he and Groover were not at the bar with the defmdant or Elaine Parker (T. 1384) and that he did not see Joan Bennett there. (T. 1386-7) . The defendant, Michael Green, and Jerry Bwuce, said that Green, the defendant, and Elaine Parker, rent to Jerry Bmce's house for an oyster mast, (T. 1183, 1703-1704, 1827-18281, not to ?he Sugar Shack. (T. 1831). Richard Padgett and Nancy Shepard went to The Sugar Shack and mt Billy Long and T b q Grmver. (T. 1245-1246). long was driving his mother's car, and was asked by Grmver, Padgett and She@ to take them to Parker's trailer to get a chain to pull out a car that was stuck outside The Sugar Shack. (T. 1387). Long agreed, and let Grmver drive his car to the Parkerst trailer. (T. 1390). Grover had not forced Padgett to go with them. (T. 1390). At the trailer, the defendant and Padgettmt outside together, leaving the others inside. (T. 1390). The defendant had the pistol Michael Green had given him in his pants. (T. 1832). Long testified that he heard a gunshot outside and saw the defendant putting a gun in his pants when he and Padgett cam inside. (T. 1391). The defendant testified that he did not fire the gun or threaten Padgettwith it. (T. 1832-1833). mney. (T. 1832-1833). was just "turning him on" to the T, but that he would "straighten everything up" With Groover. (T. 1832). He was not upset with Padgett; Padgett did not owe him any Padgett told the defendant that he had thought Grower When they came back into the Wailex, Padgett told Parker that he muld "get it straightened out'', (T. 1391-1392), and the defendant told Padgett that "everything was all right". (T. 1392). Padgett was not upset at all when he cam inside (T. 1393, 1834). Padgett used the telephone at the trailer (T. 1392), and then everyone left b go to The Sugar Shack to try to pull the car out. (T. 1833). Ung drove Padgett and Sheppard in his mther's car, and Elahe -. ...... .. . . __ . Page -7-
Page 1 and 2: RPPEAL FffQM THE CIRCUIT COURIT OF
Page 3 and 4: V TRIAL COuIiT EXRED IN FAILING TO
Page 5 and 6: UNRELATED O??F'ENSE AS EVIDENCE OF
Page 7 and 8: ACEEY. mm, 33tlTo~7"T% (Fla. 4th ;D
Page 9 and 10: c?JME3IEV. smm 345 So. 2 d m CURRYV
Page 11 and 12: i%W'HW v. STATE j// So'.' 2d 7807Fl
Page 13 and 14: MCMILLANV. smm 4119 So. 2d 1-la. 3r
Page 15 and 16: 0 PRamCE v. STATE 337 So, 2d 7 n l
Page 17 and 18: mmv, STATE 2d =la. 1st D.C.A, 1982)
Page 19 and 20: 0 INTRODUCTION The appellant, Fbber
Page 21 and 22: of Other Crbs, Wrongs, or Acts. (R.
Page 23: 0 (T. 1128-1129).crooVer said nothi
Page 27 and 28: this would alleviate any problem be
Page 29 and 30: took out his knife and stabbed Padg
Page 31 and 32: (T, 1342-1343). mng's rmther disapp
Page 33 and 34: he said it, "nobdy paid any mbd to
Page 35 and 36: told the defendant to "back off". (
Page 37 and 38: and said, Yh ny God". (T. 1260). tw
Page 39 and 40: out of the cay. and walked around b
Page 41 and 42: WHEXFER THE THE JUHI UPON THE LAW Q
Page 43 and 44: IX X WHlTIWB THE TRIAL ERRED IN m I
Page 45 and 46: XVIII WHEXfER THE TRUG COUW: FBRED
Page 47 and 48: they were afraid of being killed by
Page 49 and 50: ut munsel could not argue it becaus
Page 51 and 52: to the co-defendant, who continued
Page 53 and 54: participate in the killing, 2. If t
Page 55 and 56: Brother Caps. (T. 1185) (4). the de
Page 57 and 58: So. 2d 583 (Fla. 4th D.C.A. 1983).
Page 59 and 60: EXPW AND JTETIFY PLEA BARWWNG WITH
Page 61 and 62: type of rebuke counsel received. on
Page 63 and 64: utilized the stature of his office
Page 65 and 66: likewise improper for the State Att
Page 67 and 68: Payment of mney to a witness for an
Page 69 and 70: the prosecutor informed a juror onc
Page 71 and 72: the fiream or threatened Padgett wi
Page 73 and 74: from the operation of discowry rule
Page 75 and 76:
I resides. Stanley, supra; - Florid
Page 77 and 78:
Pernutting the reputation testby. o
Page 79 and 80:
little probative value w kn it is c
Page 81 and 82:
- The fact that a defendant refused
Page 83 and 84:
The United States Supre court has s
Page 85 and 86:
'BE general rule is that statements
Page 87 and 88:
The general rule is that a witness'
Page 89 and 90:
any person the defense "expects to
Page 91 and 92:
CR, 6167 T, 58-7 Penalty (R. 16-31
Page 93 and 94:
Sheppard's necklace and ring me tak
Page 95 and 96:
(-TT* 1032, 10491. An execution-sty
Page 97 and 98:
(5) W ilm Urgmn, the defendant's si
Page 99 and 100:
The defense also argued for mitigat
Page 101 and 102:
mitigating circumstance in a capita
Page 103:
CFRI'IFICATE OF SERVTCE I HEREBY CE
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Fla. Stat, (1981) - Florida State University College of Law

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