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

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V wHET€ER ?HE TRIAL COURT ERRED IN FAILING TD GRANT A NEW TRIAL WHERE IT WAS SHOWN THAT TRE PFOSECUTION HAD FAILED TO DISCLOSE FAVORABLE: EWIDENCE TO THE DEFENSE, IN VIOLATION OF THE DEFENaANT'S RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL AND DUE P-S OF JAW, aS BY !IHE FIm, SIXTH, AND FOUR^ -To THE U.S. C(XiSTITUTICIN AND ATITTC!lX I, SECTION 9 AND 16 OF WE J?I.DNN CcrNsTITUTION. VII W H E m THE TRIm COURT ERRED IN PERMITrING THE PRasEcuTolzs To REPEATEDLY ADVISE JUFU THAT C O - D EL?L!XE PARKER HAD PLFADED GUILTY AND HAD BEEN GIVEN A PLEA BARGAIN IN EXCHANGE FOR TEST= AGAlNST THE D-, WHE3E THE: D m WAS NCYT CALLED AS A WITNESS DURING THE TRIAL, IN VIOIATLON OF ZHE: DEPENXNT'S DUE PROCESS RIGHT TQ A FAIR TKWL BY AT!J l"TIAL JlEX AS GUARANTEED BY W FIFTH, SIXTH AND IlMENIlMENTS To THE us. coNsTI!rUTuIrn AND m1m I, SEcTroNs 9 AND 16 OF THE FLORIDA CONS~TUTION. Page -24-
IX X WHlTIWB THE TRIAL ERRED IN m I N G A POLICE: DETFCITVE TO TESTIET AS TO THE: RZUTATION OF DEFENSE WITNESS RICHARD ELINm FOR TRUTH AND VFBACITY, IN VIOIATION OF 90.609, FLA. STAT. (<strong>1981</strong>1, 2WI'ICLF: I, B 9 OF THE FWFUDA CONSTITUTI~ AND THE F I AND ~ I%- TO THE: US. CONSTITUI'I~. XI b?HZEER DIE TRIAL (XUR'T ERRED IN PmTTING THE PEOSECUTION To QUESTION DEFENSE WITNESS RICKARD m D ABOW SPECIFIC PRIOR CUNVICI'IONS AND GETTING IWE: WITNESS To cJ;AIM HIS FIFTH PRIVTLEGE, IN VIOLATION OF THE -'S RIGHT TO DuEl PIEOCESS AND A FAIR TRIAL, AS GUWWTEZD BY THE FIFIH, SIXTH, AND ED- AME"Ts TO THE US. CONS-ION AND I, SECTIONS 9 AND 16 OF THE: I?LOF!IDA CONSTI-ON. XI11 Page -25-
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 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: WHEXFER THE THE JUHI UPON THE LAW Q
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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