September 19, 2007
Shana Barnes v. State of Florida
Case Number(s):
SC06-662

Transcript:

Summary:

Ms. Barnes was convicted of second-degree murder with a firearm in the fatal shooting of her husband, Gregory. She was sentenced to 27 years in prison. The First District Court of Appeal reversed the conviction and sentence, ruling the jury instructions about self-defense were "confusing, misleading and erroneous." During the re-trial, the judge allowed the state to introduce the transcript of Ms. Barnes' testimony from her first trial into evidence as an exhibit that would be available to jurors during deliberations. She was convicted a second time and again sentenced to 27 years in prison. On appeal to this Court, Ms. Barnes argues that the rule that disallows depositions and transcripts of live testimony from jury rooms during deliberations should cover the transcript of her prior testimony. The state argues that the prior testimony qualifies for an approved exception made for confessions and admissions.