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

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if she hew Nancy Sheppard, and that Bennett replied that she lived out by Bennett's mher. (T. 1508-1509). According to Bennett,they did not ask her where Ms. Sheppard lived, (T. 1509), and they did not know where Bennett's mther lived. (T. 1541-1542). Bennett said she did rot show them where Sheppard lived; they simply went to the Parkerrs trailer directly. (T. 1541-1542). The defendant testified that Grmver asked Bennett to show him where Sheppard lived, and that Bennett direct& them to Sheppard's house. (T. 1855). even went and knocked at the frmt door of Shepard's house, but no one answered the door. (T. 1855). Then they all went to the Parker's trailer. (T. 1856). Bennett When they returned to ule Parker's trailer, Jody Dalton was holding a bag of Qualudes. (T. 1509, 1856). said that he had told her it was all right. IT. 1543). the defendant and Groover went outside the trailer for about 15 minutes, then Groover: carre inside and asked if everyone wanted to go to Lonut Lake. (T. 1512-1513). The deferdant testified that Groover was outside alone for a period of tht and that he went out to see what Groover was doing. (T. 1537- 1538). Bennett admitted that she had previously told a police detective that she did not kncw whether the defendant or Grmver had left the trailer at all before they left for the lake, because she was not paying any attention. (T. 1545). defendant sat in the front passenger seat, and Elaine drove them all to Donut Lake, to "drink sane beer and party". CT. 1513, 1858). The defendant becm upset, but Gmver -nett testified that Bennett, Grwver, and Dalton sat in the back seat of Elaine's car, the Joan Bennett testified that, on the way to mnut Lake, Giroover told the defendant that "he was going to waste Jody because she seen the piece that we used on Richard". (T. 1514). Bennett said that the defendant agreed that Grower should waste Jody. (T. 1551). Hawever, Bennett admitted that, in ?bmcly Groc3wer's trial, she had testified that Grmver said he had to waste JdY because she knew abut the piece he I used on liidmrd, (T. 1547) and that, when Page -14-
he said it, "nobdy paid any mbd to it!'. (T. 15511, Bennett and Dalton becm involved in a fist fight, but Elaine broke it up, (T. 1515). blbn performed oral sex on Grmver in the back seat, with everyone else present in the car. (T. 1516). When they got to the lake, Gmver, the defendant, and Dalton got out of the car. (21. 1517). and MS. Bennett to stay in the car. (T. 1517). defendant, Dalton, or Groover, who wre all behind the car, but heard WCOn making mdng sounds. (T. 1517). hair to the side of the car. (T. 1518). Ihlton was naked. IT. 1518). &cover was kicking Dalton (T. 1518-1519, 1555). he said, 'You know why". (T. 1519). Grmw then pulled a gun frm out of his boot and shot Dalton "at least" five or six t bs in the head. (T. 1519, 1558). &e defendant had been leaning against the car, about fifteen feet from Groover and grabbed him. (T. 1519). The defendant shouted, 'What are you doing, you crazy mtha fucker''. (T1559) He also said, 'You are making too much noise". (T. 1519, 1559). Elaine told Bennett that &aver was crazy. (T. 1557-1558). After the fight, Groover told Elaine Parker Bennett could not see the She then saw Grmver drag Ihlton by the She asked him why he was doing it and Bennett further testified that W ver got the car keys from Elaine and opened the back of the car. (21. 1520). out of the car, tied thm to Dalton's body, and tmk the body out into the lake. (T, 1520-1521). he wanted to stay there for a few minutes "to make sure the bitch stayed down". IT. 1522). They tnok rape and concrete blocks After they took her out into the lake, the defendant said Bennett admitted that at Grmver's trial &e had attributed a similar camrent to Grmver, not the defendant. (T. 1560-1561). She eventually said that she had lied in Grmver's trial. (T. 1561-1562). Bennett further testified that, as Elaine drove them frm the lake, Groovey told Bennett that he would kill her if she said anything, and that even if he was in jail he mild have SCBnebody kill herp (T. 1563-1564). klieved that Grmver could have her killed because he had connections with Page -15- She
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 and 24: 0 (T. 1128-1129).crooVer said nothi
Page 25 and 26: 0 going to kill "the mther fucker",
Page 27 and 28: this would alleviate any problem be
Page 29 and 30: took out his knife and stabbed Padg
Page 31: (T, 1342-1343). mng's rmther disapp
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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