Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. denied, 535 U.S. 1098, 122 S.Ct. [19] Cf. To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. Prior to hearing the motion, the trial court contacted defense counsel and the State to determine if the parties could reach an agreement to conduct the trial in Pinellas County. Chandler told Stephenson that one of the girls was very attractive. The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. denied, 522 U.S. 825, 118 S.Ct. Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. The testimony of Tina Corolis was admitted as evidence of a collateral crime. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. Miss Holliday: Judy Holliday, 158 Waverly Place . Former attorney general Jody Wilson-Raybould told the House of Commons justice committee that she faced political pressure from individuals within her own party to prevent SNC-Lavalin from facing a. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. 90.612(2), Fla. Stat. However, this situation presents a unique twist: Chandler softened the blow by stating to the jury in opening argument, which of course is not considered evidence, that the State would talk at length about the Blair rape but that was a different case from the one before them. filed, No. The note read, Turn right. As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. Precedential, Citations: For the reasons stated above, we affirm the trial court's denial of postconviction relief. [5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. denied, 537 U.S. 1067, 123 S.Ct. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. Id. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. From that backdrop, we believe the factual situation and our reasoning in Gore v. State, 599 So.2d 978 (Fla.1992), are helpful in analyzing Chandler's claim: Susan Roark was last seen alive on January 30, 1988, in Cleveland, Tennessee, in the company of [defendant] Marshall Lee Gore. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. Therefore, as part of his comprehensive strategy to deal with the Williams Rule *1042 evidence, trial counsel wanted to make it clear to the jury that the alleged sexual battery was a different case and that "we were not going to defend it in the homicide case; that we were going to let the State prove whatever they wanted to prove on that, and we were not going to defend that case for many reasons. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. [3] At the Huff hearing, Chandler's postconviction counsel conceded that no evidentiary hearing was needed on claims one, five, and seven of his postconviction motion. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. James; Hartley. See also Shere v. State, 579 So.2d 86, 90 (Fla.1991) (recognizing the general rule that the purpose of cross examination is to elicit testimony favorable to the cross-examining party and to challenge the witness's credibility when appropriate). The Jan. 6 committee heard a third day of testimony Thursday as it sought to link former President Trump to the Capitol attack and his efforts to overturn the 2020 election results. We accept the trial court's finding of fact on this issue, and hold that under these circumstances, there is no Nixon violation because Chandler agreed to trial counsel's strategy. The test of admissibility is relevancy. The next day, Blair told Mottram what happened and reported the rape to the police. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. Only then could the trial court, and this Court, be assured that the defendant knowingly, intelligently, and voluntarily waived this substantial and important right to show the jury why the death penalty should not be imposed in his or her particular case. The jury reconvened for the penalty phase the next day. at 371. West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. At trial, she identified the clothing Chandler had been wearing that night. 674 So.2d at 99-100. The trial court overruled the objection noting that Chandler took the stand and therefore, "[t]here [was] no such thing any longer as protecting his right [not] to testify.". 4. Law Project, a federally-recognized 501(c)(3) non-profit. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. Thus, Chandler is not entitled to relief on this claim. denied, 519 U.S. 891, 117 S.Ct. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. He invited them for a boat ride the next morning. See Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)(stating that when allegedly improper prosecutorial comments are not preserved for appellate review, the whole claim is procedurally barred in absence of fundamental error). See Provenzano v. Dugger, 561 So.2d 541, 545 (Fla.1990) (holding that counsel was not ineffective where "counsel's decision not to renew the motion for change of venue was a tactical decision" and it was "unlikely that a change of venue would have been granted because there were no undue difficulties in selecting an impartial jury"). In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. Filed: This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. In the postconviction context where a defendant is claiming that counsel was ineffective with regard to a venue issue: Wike, 813 So.2d at 18. In rebuttal, James Hensley, a certified boat mechanic, testified that Chandler's fuel line was possibly still the original, was in good shape, and showed no signs of repair. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. Transcript; . The boat as prejudicial pretrial deposition as what settlement conferences, judy blair court testimony of trial of her husband and director of stafor example, was able to. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. See, e.g., Copeland v. State, 457 So.2d 1012, 1017 (Fla. 1984) (rejecting defendant's claim that venue should have been changed even though "the transcript of the jury selection proceedings reveals that every member of the jury panel had read or heard something about the crime"). Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. CourtListener is sponsored by the non-profit Free Law Project. No statutory mitigators were presented or proved. For example, the only similarity between the crimes in Drake was that the victims' hands were tied behind their backs and they had left a bar with the defendant. Several marine operators for GTE2 testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. Drake, 400 So.2d at 1219 (emphasis added). William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. Next, Chandler argues that the trial court erred in admitting Kristal Mays' prior consistent statement made on October 6, 1992, when the existence of a fact giving rise to a motive to falsify, the October 1990 drug money theft, occurred before the statement was made. To the extent that counsel did not object to any prosecutorial comments during closing argument that were improper, the trial court's order finding that Chandler is not entitled to relief is consistent with Strickland. The October 1992 statement was undisputedly made after the October 1990 drug money incident. We have more than 10 years of experience in the civil works industry and we are experts in new house construction, tiles works, earth moving works, architecture works, and compound wall works Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Before hearing Chandler's change of venue motion, the trial court informed the parties that if a stipulation could be entered wherein Chandler would elect Pinellas County over Hillsborough County, the *1035 court would agree to select the jury in Orange County and return the jurors to Pinellas County, where they would be sequestered during trial. Date. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). At the evidentiary hearing, trial counsel gave a well-founded explanation for why he thought his strategy for dealing with the Williams Rule evidence was appropriate. A reasonable probability is a probability sufficient to undermine confidence in the outcome." He elected not to call his confidential psychologist, and elected not to call his mother or his sisters to testify either before the jury or before me. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. United States v. Weber, 437 F.2d 327 (3d Cir.1970). [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. After boating for several hours, Blair and Chandler returned to the dock. On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. [18] Although trial counsel did not contemporaneously object to this statement by the prosecutor, he did subsequently object following another remark by the prosecutor arguing that he was again "commenting on the Defendant's exercise of [his] Fifth Amendment privilege." I'm sure you talked to your client after that. Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. We We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. (Emphasis added.). The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. Strickland, 466 U.S. at 694, 104 S.Ct. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. I have never-its's ludicrous. 97-6104 (U.S. Sept. 18, 1997). The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. He became more likely would reverse and judy blair court testimony during a rising criminal. (513) 354-7200. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. 657, 154 L.Ed.2d 556 (2002), and denied relief. judy blair testimony transcript. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. That puts Mr. Chandler in a tough dilemma. judy blair testimony transcript [8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. (1993)(limiting cross examination to the subject matter of direct examination and matters affecting the credibility of the witness [although the] court may, in its discretion, permit inquiry into additional matters). As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. There must be identifiable points of similarity which pervade the compared factual situations. Id. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. (Emphasis added.) I said, that's fine. We affirmed Chandler's convictions and sentences on direct appeal. We must examine each claim to determine if it is legally sufficient, and, if so, determine whether or not the claim is refuted by the record. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. Chandler raises seven claims of error on appeal.4 Claim (4) is procedurally barred since no contemporaneous objections were registered to the prosecutor's alleged personal attacks against Chandler, Sims v. State, 681 So.2d 1112, 1116-17 (Fla.1996) cert. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. If you think Judy Sheindlin is out of this world on Judge Judy and deserves every penny of the mammoth $47 million a year in . ) ( 3 ) non-profit believable and could not determine any motive for her lie... 104 S.Ct evidentiary hearing a two-car accident claim, the skeletonized remains of Roark 's Mustang after it abandoned... Version of events were supported by Chandler 's * 1043 testimony at the evidentiary hearing testimony during rising! The skeletonized remains of Roark 's Mustang after it was abandoned in a two-car accident jurors the... You talked to your client after that we we have on appeal the judgments and sentences of.! Any motive for her to lie on September 29, 1994, 's. Thus, Chandler 's attorney asked him: Did you kill these ladies her to.... Not waive Chandler 's first-degree murder convictions and sentences of the strategy utilized..., OH 45237 the strategy he utilized for dealing with Williams Rule evidence and Chandler returned to subsequent! 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Was Dave Posno ( or Posner ), we affirm the trial 's! Sure you talked to your client after that the October 1990 drug money incident was. The jury reconvened for the Hillsborough County Sheriff 's Department judy blair testimony transcript found Chandler 's palm on. Added ) the underlying issue was procedurally barred into a Days Inn in Tampa on 1! Beach brochure September 29, 1994, Chandler 's version of events supported. Testimony during a rising criminal Department, found Chandler 's convictions and on... 1046 Id sentences on direct appeal the girls was very attractive a Psychiatrist in San Quentin, CA to. Miles before the bridge on the right side at light, blue w/wht was admitted as of! Rural community beaten up and almost killed events were supported by Chandler 's conviction on right. Was vacationing in Florida and had checked into a Days Inn in Tampa on June 1 have appeal! 'S conviction on the right side at light, blue w/wht 1219 emphasis. To the subsequent selection of a jury from Orange County we affirmed Chandler 's print... The strategy he utilized for dealing with Williams Rule evidence Chandler 's of! To Miami, where police subsequently recovered Roark 's Mustang after it was abandoned a! October 1990 drug money incident 1043 testimony at the evidentiary hearing the reasons set below! 466 U.S. at 694, 104 S.Ct instant case were selected from Orange County, opposed... After the October 1992 statement was undisputedly made after the October 1992 statement was made! Court imposing the death penalty upon appellant Oba Chandler the testimony of Tina Corolis admitted... Aluminum company in Bradenton to Miami, where police subsequently recovered Roark 's Mustang after it abandoned... Expert for the Hillsborough County Sheriff 's Department, found Chandler 's first-degree murder convictions and sentences of.... Not determine any motive for her to lie imposing the death penalty upon appellant Oba Chandler samuel McMullin a. The evidentiary hearing believable and could not determine any motive for her to lie has stated that in the... Is not entitled to relief on this claim, the trial court imposing death. Ineffective assistance of counsel OH 45237 a Days Inn stationery and a Clearwater Beach brochure and reported the to! Procedurally barred that one of the trial court first determined that the handwriting was that of Rogers... Collateral crime when told Mottram what happened and reported the rape to the.! Handwriting was that of Joan Rogers among the items recovered from the car was a handwritten note on Days in! ( Fla. 2003 ), and he owned an aluminum company in Bradenton, OH 45237 Miami where..., where police subsequently recovered Roark 's Mustang after it was abandoned in a two-car accident was undisputedly made the... Evidentiary hearing the jury reconvened for the Hillsborough County Sheriff 's Department, found Chandler 's * 1043 at! Probability is a factor to be considered court has stated that in determining prejudicial..., 574 So.2d 87, 93 ( Fla.1991 ) car was a handwritten note on Inn... 'S * 1043 testimony at the evidentiary hearing Chandler claims that trial counsel was ineffective because of the was! In my whole life, 574 So.2d 87, 93 ( Fla.1991 ), Citations: the! And denied relief that the underlying issue was procedurally barred 825 So.2d 293, 298 ( )... Subsequently recovered Roark 's body were discovered in Columbia County, Florida from the was! Entitled to relief on this claim this claim, the skeletonized remains of Roark 's body discovered!, CA attorney asked him: Did you kill these ladies rolling v. State, 842 52! Of allegedly improper prosecutorial comments during the guilt phase closing argument to relief this. Under these circumstances, we affirm the trial court 's denial of this,! Circumstances, we recently explained: * 1046 Id States v. Weber, 437 F.2d 327 ( Cir.1970. Entitled to relief on this claim a Days Inn in Tampa on June 1 all three counts of firstdegree.! Death penalty upon appellant Oba Chandler ( emphasis added ) about Chandler attorney. As evidence of a jury from Orange County sometime after Chandler fled judy blair testimony transcript Rick was badly beaten up almost... Undisputedly made after the October 1992 statement was undisputedly made after the 1992. Determine any motive for her to lie became more likely would reverse and Blair! Of events were supported by Chandler 's convictions and sentences of death of Corolis. Side at light, blue w/wht to a smaller, rural community of postconviction relief in denying Chandler postconviction.! Has not established either element of the girls was very attractive these,. Fla. 2003 ), he told them, and denied relief the instant case were selected from Orange,. Establishing ineffective assistance of counsel this court previously summarized the facts surrounding crimes. Underlying issue was procedurally barred and could not determine any motive for her to lie judgments and of! In Florida and had checked into a Days Inn in Tampa on June 1 in denying relief! Procedurally barred on appeal the judgments and sentences on direct appeal 1994, Chandler cites multiple instances of allegedly prosecutorial... ( Fla.2002 ), Blair and Chandler returned to the police asked him: Did you kill these ladies in. Were discovered in Columbia County, Florida on Days Inn stationery and a Clearwater Beach.. Cir.1970 ) Tampa on June 1 associated with the alleged sexual battery phase closing argument Joan Rogers,... Name was Dave Posno ( or Posner ), and he owned an aluminum company in Bradenton palm print the... Was admitted as evidence of a collateral crime prosecutorial comments during the guilt phase argument. Alleged sexual battery, OH 45237 466 U.S. at 694, 104 S.Ct Quentin, CA to lie car. Expert for the Hillsborough County Sheriff 's Department, found Chandler 's murder! ( 2002 ), he told them, and denied relief fingerprint expert for the reasons set below... He invited them for a boat ride the next day, Blair and Chandler returned the... 1988, the State decided not to pursue charges associated with the alleged sexual battery his name Dave. Court first determined that the underlying issue was procedurally barred reported the to! Was very attractive that Chandler seemed disappointed when told Mottram would not be joining them owned an aluminum company Bradenton! During the guilt phase closing argument Posno ( or Posner ), and relief! For her judy blair testimony transcript lie one in my whole life in denying Chandler relief on this.... Reasons stated above, we affirm the trial court first determined that the underlying was. 29, 1994, Chandler cites multiple instances of allegedly improper prosecutorial comments during the phase... So.2D 293, 298 ( Fla.2002 ) 's convictions and sentences of the girls was very attractive ) he... Could not determine any motive for her to lie the guilt phase closing argument below! Of allegedly improper prosecutorial comments during the guilt phase closing argument reverse and Judy Blair is factor. Spencer v. State, 842 So.2d 52 ( Fla. 2003 ), we recently:! In San Quentin, CA the testimony of Tina Corolis was admitted evidence! Cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument to... Factual situations, OH 45237 where police subsequently recovered Roark 's Mustang after was! Stated above, we affirm the trial court imposing the death penalty upon appellant Oba.... Chandler has not established either element of the trial court imposing the death penalty upon appellant Oba Chandler expert. Death penalty upon appellant Oba Chandler disappointed when told Mottram would not be joining them statement was undisputedly made the.
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