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MARKEITH LOYD,
Defendant.
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COMES NOW the Defendant, MARKEITH LOYD, by and through undersigned counsel,
and moves this Honorable Court to Strike the State’s Notice of Intent to Offer Evidence of Other
Crimes, Wrongs, or Acts, or Inextricably Intertwined Evidence, and as cause therefor would state
1. The instant case involves criminal acts which are alleged to have been committed by Mr.
Loyd, on December 13, 2016. Among other lesser offenses, Mr. Loyd is accused herein
of using a firearm to kill Sade Dixon and her unborn child, and to shoot Ms. Dixon’s
2. Nearly one month after the offense alleged herein, on January 9, 2017, Mr. Loyd is
accused of killing Sgt. Deborah Clayton with a firearm in case number 2017- CF-000826.
3. The firearm that was alleged to have been used during both these events was recovered
from Mr. Loyd when he was arrested more than a week later (on January 17, 2017).
4. The State’s Notice of Intent demonstrates that the State intends to introduce the facts from
Williams Rule evidence, is codified in § 90.404, Fla. Stat. (2018). See also, Williams v.
“Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to
prove a material fact in issue, including, but not limited to, proof of motive,
opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or
accident, but it is inadmissible when the evidence is relevant solely to prove bad
character or propensity.” Id.
7. The Florida Supreme Court has explained that Williams Rule evidence “involve[s] either
prior crimes against the same victim as the charged offense, or the charged offenses and
the prior offences involve[] similar completed crimes of violence.” Billie v. State, 863
So.2d 323, 329 (Fla. 2003), citing Robertson v. State, 829 So.2d 901, 910 (Fla.2002)
(emphasis supplied).
8. The evidence the State is seeking to introduce in the instant case, to wit, the subsequent
killing of Sgt. Deborah Clayton, is not evidence of a prior similar crime of violence and
9. The evidence the State is seeking to introduce in the instant case, to wit, the subsequent
killing of Sgt. Deborah Clayton, does not establish proof of motive, opportunity, intent,
case and thus the evidence is not proper Williams rule evidence.
10. Further, the subsequent killing of Sgt. Clayton during an unsuccessful attempt to
apprehend Mr. Loyd, having occurred nearly a month after the events in the instant case,
are not “inextricably intertwined” with the facts in the instant case.
11. Instead, the evidence of Sgt. Clayton’s killing that the State is seeking to introduce in this
case is being offered solely to prove bad character or propensity of Mr. Loyd, in violation
WHEREFORE, Mr. Loyd respectfully requests this Honorable Court enter its Order
STRIKING the State’s Notice to Offer Evidence of Other Crimes, Wrongs, or Acts, or Inextricably
Intertwined Evidence or, in the alternative, an Order determining that the facts in the Clayton case
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant’s Motion
To Strike State’s Notice Of Intent To Offer Evidence Of Other Crimes, Wrongs, Or Acts, Or
Inextricably Intertwined Evidence was provided via E-Service to the Office of the State Attorney
this 16TH day of August 2018.