RECORD on APPEAL from the CIRCUIT COURT of LEON COUNTY, FLORIDA HONORABLE JAMES HANKINSON RECEIVED, 05/02/2019 02:46:47 PM, Clerk, First District Court of Appeal
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Filing # 88897308 E-Filed 05/02/2019 02:45:23 PM IN THE DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT CASE NO: 2018 CF 1592 A DCA NO: 1D19-498 SPN NO: 255249 DENISE WILLIAMS, APPELLANT, VS STATE OF FLORIDA, APPELLEE, RECORD ON APPEAL FROM THE CIRCUIT COURT OF LEON COUNTY, FLORIDA HONORABLE JAMES HANKINSON RECEIVED, 05/02/2019 02:46:47 PM, Clerk, First District Court of Appeal PHILIP J. PADOVANO ASHLEY MOODY 131 N. GADSDEN STREET ATTORNEY GENERAL TALLAHASSEE, FL 32301 PL-01, THE CAPITOL TALLAHASSEE, FL 32399-1050 ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY FLORIDA CASE NO: 2018 CF 1592A DCA NO: 1D19-498 DENISE WILLIAMS, PLAINTIFF/APPELLANT, V. STATE OF FLORIDA, DEFENDANT/APPELLEE, JURY TRIAL TRANSCRIPT CORRECTED INDEX DATE FILED INSTRUMENT PAGE NO. APR 18, 2019 TRANSCRIPT OF JURY TRIAL VOL 1 (12/11/2018) 1-116 APR 18, 2019 TRANSCRIPT OF JURY TRIAL VOL 2 (12/11/2018) 117-261 APR 18, 2019 TRANSCRIPT OF JURY TRIAL VOL 3 (12/12/2018) 262-396 APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 4 (12/12/2018) 397-530 APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 5 (12/13/2018) 531-664 APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 6 (12/13/2018) 665-697 APR 23, 2019 AMENDED TRANSCRIPT OF JURY TRIAL VOL 7 (12/14/2018) 698-798 MAY 2, 2019 CERTIFICATE OF CLERK 1 Filing # 88164292 E -Filed 04/18/2019 09:10:44 AM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA CASE NO. : 2018CF1592A STATE OF FLORIDA vs. DENISE WILLIAMS, Defendant. -----/ VOLUME I- Pages 1 thru 116 PROCEEDINGS: JURY TRIAL BEFORE: THE HONORABLE JAMES C. HANKINSON DATE: December 11, 2018 TIME: Commencing at 8:33 a.m. Concluding at 11:49 a.m. LOCATION: Leon County Courthouse Tallahassee, Florida REPORTED BY: LINDA CUNNINGHAM, RPR Notary Public in and for the State of Florida at Large LINDA CUNNINGHAM, RPR Official Court Reporter Leon County Courthouse, Room 341 Tallahassee, FL 32301 LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 2 1 APPEARANCES 2 REPRESENTING THE STATE: 3 JON FUCHS, ASSISTANT STATE ATTORNEY OFFICE OF THE STATE ATTORNEY 4 WAKULLA COUNTY COURTHOUSE CRAWFORDVILLE, FLORIDA 32327 5 6 7 REPRESENTING THE DEFENDANT: 8 ETHAN WAY, ESQUIRE WAY LAW FIRM, P.A. 9 P.O. BOX 10017 TALLAHASSEE, FLORIDA 32302 10 and PHILIP J.PADOVANO, ESQUIRE 11 BRANNOCK & HUMPHRIES 131 N. GADSDEN STREET 12 TALLAHASSEE, FLORIDA 32301 13 INDEX 14 WITNESSES: PAGE: 15 GREG MORRIS 16 Direct Examination By Mr. Fuchs 70 Cross Examination By Mr. Way 77 17 18 SCOTT DUNGEY 19 Direct Examination By Mr. Rogers 83 Cross Examination By Mr. Way 98 20 21 JOSEPH SHEFFIELD 22 Direct Examination By Mr. Rogers 105 Cross Examination By Mr. Way 111 23 STATE'S EXHIBIT: 24 lA-iD 74 Certificate of Reporter 116 25 LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 3 1 PROCEEDINGS 2 THE COURT: we are here in State of Florida versus 3 williams, 2018-1592. Let the record reflect the 4 defendant is present with her attorneys. 5 I know we have the Dungey deposition to deal with. 6 Any other outstanding motions or issues we need to deal 7 with before we start? 8 MR. FUCHS: None from the State, Your Honor. 9 MR. WAY: None from the defense, Your Honor. 10 THE COURT: Okay. well, let's -- let's deal with 11 that. It's a little confusing. Let me make sure I 12 understand. This was a deposition taken by the defense, 13 but the State intends to use it. Is that my 14 understandi ng? 15 MR. FUCHS: No, Your Honor. This was -- this was 16 something that was done -- it was a perpetuated testimony 17 in which i elicited -- there were two different parts. 18 There was -- the first part was the State doing direct 19 examination of Mr. Dungey the State intends to use in its 20 case in chief, in which I directed the questions, and 21 Mr. way had an opportunity for cross-examination -- and 22 actually I apologize. It was actually Mr. Rogers who 23 conducted the direct examination. 24 Then there's a second part that was done where the 25 questions were perpetuated by -- Mr. way did the direct LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER I 1 examination, I did the cross examination. And that is 2 intended -- if at all used, it will be used in the 3 defense case -in -chief. 4 THE COURT: okay. well,I misunderstood because I 5 didn't -- I thought it was all one deposition. 6 MR. FUCHS: No, sir. 7 THE COURT: So, on the direct examination, you 8 intend to present that there -- are there objections in 9 that? 10 MR. FUCHS: There are, Your Honor. As I stated 11 yesterday, I believe there were -- I think there was 12 three objections, at which time Mr. Rogers reasked the 13 question in a different way instead of having the witness 14 answer those questions. 15 THE COURT: well, let's go through what objections 16 there are. The -- 17 MR. FUCHS: I believe the first was on Page 13, Your 18 Honor. 19 THE COURT: The confusing part of it is that the 20 title page has Scott Dungey, perpetuation of testimony 21 commenced at 10:00 a.m., 10:30 on both of these 22 transcripts. 23 MR. FUCHS: The transcript in question that the 24 State is talking about is 26 pages, Your Honor, and it 25 begins with -- on Page 2. It says -- I'm sorry. On LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 5 1 Page 3,it identifies Mr. -- Attorney Rogers on Line 2 No. 23 as the direct examination. 3 THE COURT: I mean, I'm with you, but it is -- 4 looking at the title page, it says it's both at the same 5 time; so that's kind of -- I'm not sure why the court 6 reporter did that. 7 So, where is the first objection? 8 MR. FUCHS: The questioning starts on Page 13. The 9 actual objection is on 14. 10 THE COURT: Questioning starts on Page 13? 11 MR. FUCHS: At the bottom of 13. It would be -- 12 THE COURT: It starts on page -- oh, the objection 13 you are talking about? 14 MR. FUCHS: Yes, sir. On page -- on Line 24 is the 15 question, and the objection is actually on Page 14, 16 Line 3. 17 THE COURT: Okay. well, there's no answer, so 18 there's nothing for the Court to rule on as to that; 19 correct? 20 MR. FUCHS: That's my understanding, yes, Your 21 Honor. 22 THE COURT: Mr. Way. 23 MR. WAY: As Mr. Fuchs indicated, I think what 24 happened was I made an objection, Your Honor, and part of 25 it was -- is the narrative of the question was getting LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 1 outside -- started to get outside of the scope. I 2 objected. Mr. Rogers reasked a different question; so it 3 essentially ameliorated the concern. 4 THE COURT: Okay. So, there's no ruling to be made 5 there. Then down -- I guess down at the -- top of the 6 next page, there is an objection too. 7 MR. FUCHS: Yes, Your Honor. And that question 8 starts actually on Page 14, Line 21. And, again, it was 9 restated. 10 THE COURT: All right. So,I really see no 11 objection to rule on there either, Mr. Way. 12 MR. WAY: Again, Your Honor, given the flow of the 13 testimony, once the objection was made, the State 14 promptly addressed the question -- it was getting into an 15 opinion about the condition of the certain items. 16 THE COURT: well, tell me what -- where there are 17 objections I need to rule on. None of those appear to be 18 objections that need a ruling. 19 MR. WAY: That is correct, Your Honor. 20 THE COURT: Okay. Are there any in the 21 cross-exami nation? 22 MR. FUCHS: The only time is on Page 22, and, again, 23 Mr. Way rephrased the question, Your Honor. 24 THE COURT: So, there are no objections for me to 25 rule on? LINDA CUNNINGHAM, RPR, OFFICIAL COURT REPORTER 7 1 MR. FUCHS: No. All questions had been re- -- were 2 restated. 3 THE COURT: Okay. So,thelong and short of it, 4 there is nothingfor metoruleon? 5 MR. FUCHS: Yes, sir, on that part. That is 6 correct. 7 THE COURT: well, is there some other part that 8 the -- we're going to be attempting to be used? 9 MR. WAY: Your Honor, the defense took a deposition 10 to perpetuate at the same time. I believe you have a 11 copy of that. 12 THE COURT: Right. 13 MR. WAY: I don't know if you want to deal with that 14 now or if you want to deal with it in a couple of days. 15 THE COURT: So, that you're going to wait and try to 16 present in your case -in -chief? 17 MR. WAY: That would be when I would do it, Your 18 Honor. I don't think there is a reason to rule on them 19 now. 20 THE COURT: Okay. Well, if you all will remind me. 21 i have reviewed that portion of it and prepared to rule, 22 but it's just as well to wait and make sure you are going 23 to present it and what the circumstances are at that 24 point in time.