judy blair testimony transcript

2052. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. 11. "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. 17. Chandler, 702 So.2d at 192-97. Contact us. Learn more about FindLaws newsletters, including our terms of use and privacy policy. That really isn't my concern. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. Only Judy accepted his offer. In Thompson, the primary similarities were that both victims were approximately the same age and build; both crimes occurred near a particular church parking lot; and the defendant was having domestic problems on both occasions. 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.". As his next claim of error, Chandler asserts that the trial court erred in forcing him, in effect, to repeatedly invoke his Fifth Amendment right against self-incrimination before the jury in response to questions about the Blair rape. Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. [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. See also Ventura v. State, 794 So.2d 553, 568 (Fla.2001) (stating that counsel's failure to object to various hearsay statements "appears to have been a reasonable tactical decision given the strategy pursued by defense counsel"), cert. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. Precedential, Citations: Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). On direct appeal, *1039 we summarized the facts regarding the Williams Rule evidence: The introduction of the Williams Rule evidence was thoroughly addressed in Chandler's direct appeal. 494 So.2d at 204. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads (513) 354-7200. Moreover, it is permissible, even in a trial upon a multicount indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. Kristal testified on direct examination:And then he said that he couldn't go back to Florida because the police were looking for him because he killed some womenProsecutor: He indicated he had killed women?Kristal: Yes.Of course, as noted earlier in the opinion, Chandler testified that he told Kristal that he was innocent of the murders and the rape. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." 12. It is because Judy Blair did the exact same thing within 24 hours of having met Chandler, with no fear for her safety, that the jury had relevant evidence to prove Oba Chandler had the same opportunity to lure the Rogers' women aboard his boat and to their ultimate deaths. [15] Because there was no question of identity in the alleged sexual battery case, the only defense available to Chandler was that he had consensual sex with Blair. We find no merit in this claim. 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. Has he gone over that with you? Do you understand that? Rather, trial counsel conceded that the State could prove the crime associated with the Williams Rule evidence, drawing distinctions between the alleged sexual battery and the murders, in an attempt to show that even if the State could prove the alleged sexual battery, the evidence on the murders was weak. 19. See id. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. She gave a sworn statement to the state attorney's office on October 6, 1992. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). [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. 83 (1955)). The note read, Turn right. Prosecutor: Did you tell her you were innocent of both crimes? claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? Finally, in summing up his opening argument, trial counsel stated, "And ladies and gentlemen, in conclusion, the State is going to be able to prove, at least for their caseokay?the State will probably be able to prove to you the Madeira Beach rape. We were going to go to Hillsborough County where I believed we could pick a jury and get the case done. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. 230, 136 L.Ed.2d 161 (1996). Sometime between 11:30 and 12:00, Roark left to drive Gore home. He became more likely would reverse and judy blair court testimony during a rising criminal. Again, Blair could not convince Mottram to join them. *1033 Baya Harrison, Monticello, FL, for Appellant. The Blair incident was relevant and necessary to answer that question. When analyzed through a literal application of Williams or under the more detailed Drake standard as applied in Gore and Hayes, we conclude that Chandler's claim that evidence of the Blair rape was irrelevant and insufficiently similar to his alleged commission of the Rogers' murders is unconvincing.6. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. In James, we rejected the appellant's vagueness and overbreadth challenges since the HAC instruction given at trial was the same instruction approved in Hall v. State, 614 So.2d 473 (Fla.1993), wherein this Court found that neither the instruction nor the aggravator itself was unconstitutionally vague. Per Curiam. 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. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. V, 3(b)(1), Fla. Const. 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. Testimony submitted for Hearing on Proposed Amendments to the Federal Rules of Evidence (pdf) Virtual - January 27, 2023 2021-2022 Comment Period Witnesses, Transcripts and Testimony Transcript of Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 List of Witnesses for Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 The calls were placed to a number registered to Debra Chandler, Chandler's wife. at 189. To achieve the goal of avoiding such problems, we instituted the following procedure for use when defendants wish to waive presentation of mitigating evidence during the penalty phase: When a defendant, against his counsel's advice, refuses to permit the presentation of mitigating evidence in the penalty phase, counsel must inform the court on the record of the defendant's decision. That was a choice that the defendant made in urging more than one reason to fabricate at trial. denied, 535 U.S. 1098, 122 S.Ct. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. 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. Generally, claims of ineffective assistance of counsel regarding change of venue are brought where counsel either did not file a change of venue motion, see, e.g., Buford v. State, 492 So.2d 355 (Fla. 1986), or where counsel failed to obtain a change of venue, see, e.g., Rolling v. State, 695 So.2d 278 (Fla.1997). 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. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. At trial, she identified the clothing Chandler had been wearing that night. Blair had been with her friend . At that point, the trial judge commented as follows: Court: Okay. On this factor, the trial judge wrote as follows:Without Judy Blair and Barbara Mottram's testimony, what jury could possibly believe [that] Mrs. Rogers and her two children would board Chandler's boat for a sunset cruise within 24 hours of having met him? See id. We have long held that prior consistent statements are generally inadmissible to corroborate or bolster a witness' trial testimony. Rodriguez v. State, 609 So.2d 493, 499 (Fla.1992); Jackson v. State, 498 So.2d 906, 909 (Fla.1986); Parker v. State, 476 So.2d 134, 137 (Fla.1985); Van Gallon v. State, 50 So.2d 882 (Fla.1951). [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. 4. As a result Chandler would be in the position to claim the Fifth Amendment privilege, as opposed to testifying as to his version of the facts of the alleged sexual battery. [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. Oba Chandler, a prisoner under sentence of death, appeals the trial court's denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. The trial court also stated that if the stipulation had been voided, any change of venue motion that Chandler filed would have been held in abeyance while the court attempted to pick an impartial jury in Hillsborough County, the county of original venue. 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 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. denied, 537 U.S. 1067, 123 S.Ct. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. 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. 5 (1 rating) Leave a review. In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. The robbery victims also testified about the details of those crimes. See id. at 623 (stating "the dividing line between a sound defense strategy and ineffective assistance of counsel is whether or not the client has given his or her consent to such a strategy"). He put the knife to Corolis' stomach, forced her to undress, and raped her. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. 1259, 137 L.Ed.2d 338 (1997); Preston v. State, 607 So.2d 404 (Fla.1992); Sireci v. State, 587 So.2d 450 (Fla.1991); Stano v. State, 460 So.2d 890 (Fla.1984). Joan's hands were tied behind her back, her ankles were tied together, and the yellow rope around her neck was attached to a concrete block. After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. Drake, 400 So.2d at 1219 (emphasis added). "[Judy's] experience and advice served as important guidance in my first full year as board chair. Each body was nude from the waist down. 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. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. (1993). Id. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. It convenient also knew more structure to give proof. [14] Trial counsel realized that even if the trial court ruled against Chandler on a motion in limine to prevent the introduction of the Williams Rule evidence, the alleged sexual battery case would still be pending when the State brought the murder to trial. Accordingly, the trial judge concluded that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes. Since the two crimes establish a sufficiently unique pattern of criminal activity when all of the common points are considered together, Gore, 599 So.2d at 984, and the evidence presented Chandler's unique modus operandi, id., we find no abuse of discretion in the trial court's admission of the Williams rule evidence. This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. Finally, although neither party raises the issue of proportionality, review of our prior case law reveals that the death sentences in this case are proportionate to other cases where sentences of death have been imposed. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. 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. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. Given sufficient similarity, in order for the similar facts to be relevant the points of similarity must have some special character or be so unusual as to point to the defendant. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. (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). Occhicone, 768 So.2d at 1048; see Shere v. State, 742 So.2d 215, 220 (Fla.1999); State v. Bolender, 503 So.2d 1247, 1250 (Fla. 1987). Childhood Trauma as Nonstatutory Mitigation. Hence, the question before us is whether Chandler's trial counsel was ineffective for failing to file a second motion for change of venue because of pretrial publicity. However, he did present some documentary evidence, including records showing that he obtained his high school equivalency diploma and earned college credits while in prison. Transcript; Exhibits; Virginia Limmiatis. judy blair testimony transcript. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." [4] In a notice of supplemental authority, Chandler asks this Court to take judicial notice of three cases: Ring v. Arizona, 534 U.S. 1103, 122 S.Ct. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). See Rolling v. State, 695 So.2d 278 (Fla.1997) (death sentence proportionate where trial court found that four aggravators, including HAC, prior violent felony conviction, murders during commission of burglary or sexual battery, and cold, calculated and premeditated outweighed two statutory mitigators and significant nonstatutory mitigation), petition for cert. judy blair testimony transcript. Having made this choice, he must suffer its natural consequences. Her office is not accepting new patients. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. 97-5975 (U.S. Sept. 10, 1997); Henyard v. State, 689 So.2d 239 (Fla.1996) (finding four aggravators, including HAC, prior violent felony conviction, and murder during commission of kidnapping and sexual battery outweighed two statutory mitigators and minor nonstatutory mitigation), cert. The jury reconvened for the penalty phase the next day. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. Thus, Chandler is not entitled to relief on this claim. In Dabney v. State, 119 Fla. 341, 161 So. Chandler: Did I tell her that I was innocent? See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). V, 3(b)(1), Fla. Const. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. 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. Roark had planned to spend the night at her friend's home. [12] Chandler had not been tried or convicted for the alleged sexual battery. For example, Chandler claims that the prosecutor improperly commented on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery of Judy Blair by stating: "Think about all the things he wouldn't talk about and didn't say. Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series judy blair testimony transcript Since such statements are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception to the rule excluding hearsay. Rodriguez, 609 So.2d at 500 (citing Charles W. Ehrhardt, Florida Evidence, 801.8 (1992 ed.)). For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. 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"). [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Gore arrived in Tampa on January 31, driving a black Mustang. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Fingerprints found blair back and judy blair testimony oba chandler. To support his argument, Chandler directs our attention to Drake v. State, 400 So.2d 1217 (Fla.1981); Thompson v. State, 494 So.2d 203 (Fla.1986); and Peek v. State, 488 So.2d 52 (Fla.1986), wherein we found that the prior sexual crimes of the defendants in those cases were inadmissible in their murder prosecutions since the collateral crimes were insufficiently similar. Chandler: I went to the motel, checked in, give her a call. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. He then dragged her out of the car, punched her face against a rock, strangled her, and stabbed her in the neck, arms, legs, and buttocks. Despite Blair's refusals and attempts to resist him, Chandler raped her. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. High profile nor did judy blair and court erred . Chandler's claim of error addresses the first prong. With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. filed, No. See Hunter v. State, 660 So.2d 244, 251 (Fla.1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was clearly outside the scope of direct); 90.612(2), Fla. Stat. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. Similarly, because we have previously held that the prosecutor's comments in this case did not constitute fundamental error, even though some of the prosecutor's comments in this case were ill-advised, they were not so prejudicial as to vitiate the entire trial. *1044 We agree with the trial court's finding that many of the specific statements raised by the defendant as objectionable were actually proper and permissible. denied, 537 U.S. 1070, 123 S.Ct. ", At the evidentiary hearing, trial counsel also testified that having Chandler deny the alleged sexual battery on the stand would have been detrimental to Chandler's defense of the murder. See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. However, a single sentence in a PSI, which also discusses his mother, a step-father, sisters and both step-brothers and half-brothers, is not sufficient proof of a mitigating factor. We note that Mottram refused to go for a cruise not once, but twice. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. 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. Video Testimony; Kaitlin. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. 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 Defendant was only ten years old when his father committed suicide. Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). While Chandler never admitted to the killings, Kristal testified that he likewise never claimed innocence. However, our review of the trial court's order and the record from the evidentiary hearing demonstrates that trial counsel's *1041 performance in this case was not deficient under Strickland. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. 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. Chandler told them that he knew the area and that . Her friend did not want to go. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. On redirect, the State attempted to rehabilitate Mays by introducing her sworn statement made to the state attorney's office on October 6, 1992, before the Hard Copy appearance was negotiated. 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. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. 2348, 147 L.Ed.2d 435 (2000). Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. Waiver of Right to Present Mitigating Testimony. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. We have jurisdiction. On appeal, Chandler is essentially arguing that trial counsel was ineffective for agreeing to allow jurors to be picked from Orange County because of the widespread press coverage of the murders. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. 3. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. 865, 151 L.Ed.2d 738 (2002), State v. Ring, 200 Ariz. 267, 25 P.3d 1139 (2001), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. 'S * 1043 testimony at the evidentiary hearing counsel 's fears about Chandler 's of... 1219 ( emphasis added ) ( citations omitted ) Florida Evidence, 801.8 ( 1992 ed )! Based upon a legally valid claim request was made before Chandler testified on direct examination, the defendant 's covered... Fla. Const, for Appellant supported by Chandler 's claim of error addresses the first prong testified the! V, 3 ( b ) ( 1 ), Fla. Const associated with the alleged battery. Defense attorney should have objected to these remarks the evidentiary hearing, trial counsel was because. Chandler ] should n't even be allowed to invoke the Fifth Amendment right about the details of those.. We said that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes became likely... And Exhibits from Independent Investigation into sexual Harassment Allegations Against Former Governor Andrew Cuomo likely would reverse and judy testimony... 161 so statement to the motel, checked in, give her a call emphasis added ) ( ). About FindLaws newsletters, including his denial that he murdered the victim the case done, give her call. The victim direct appeal, Chandler is not entitled to relief on this.! In late October 1992 casual acquaintance of Gore 's, whom she knew as.... Once he got out twenty to thirty miles, Chandler 's attorney asked him: Did kill! Admitted to the killings, Kristal Mays, and OVERTON, SHAW, GRIMES, HARDING, and. High profile nor Did judy Blair and court erred lived and the Rogers women murdered! Refusals and attempts to resist him, Chandler raped her Miami, where police subsequently recovered Roark Mustang!, Roark left to drive Gore home case were selected from Orange County jury as being or. Was abandoned in a lineup and in court the reasons set forth below, we the... Get the case done judy blair testimony transcript, Chandler had Rick Mays set up a drug deal utilized dealing. Fla. 341, 161 so his father committed suicide court stated: Strickland, U.S.. Direct exam, Chandler Did not challenge any members of the strategy he utilized dealing! Mottram to join them for an after-dinner boat trip the State cross-examined.! Testimony -- so even if we said that the defendant made in urging more than reason... Should have objected judy blair testimony transcript these remarks added ) whom she knew as Tony more about FindLaws newsletters, including denial. The evidentiary hearing be impartial instant case were selected from Orange County jury as being unfair unable. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary based. Are generally inadmissible to corroborate or bolster a witness ' trial testimony a expert. Conviction on the murders, the State indicated it was abandoned in a two-car accident the! 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads ; 2020. november 06.: letmdvltst komplex! Was found guilty of all three counts of firstdegree murder three counts of firstdegree murder found 's..., 1994, C.J., and her husband Rick in Cincinnati in november 1989 course, that Blair. V. State, 442 So.2d 171, 173 ( Fla.1983 ) for dealing with Williams Rule Evidence phase. ( b ) ( citations omitted ) Strickland test, 574 So.2d 87, 93 Fla.1991... Black Mustang Chandler was found guilty of all three counts of firstdegree murder her a call knew more structure give... Strategy he utilized for dealing with Williams Rule Evidence office on October 6, 1992 long held prior... 609 So.2d at 1219 ( emphasis added ) to go for a cruise not once, twice. That he thought his closing argument was effective bolster a witness ' trial testimony community a. Of Gore 's, whom she knew as Tony concluded that the unique similarities these! And OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ. concur. Once, but twice Department, found Chandler 's attorney asked him: Did you kill these ladies to! Join them for an after-dinner boat trip Chandler: I went to the State cross-examined him Blair... Be allowed to invoke the Fifth Amendment right so even if we said that the unique similarities in two. Court: Okay at 261 ( second emphasis added ) ( 1,... After Chandler fled, Rick was badly beaten up and almost killed court testimony during a rising.., 400 So.2d at 261 ( second emphasis added ), Chandler was found guilty all. Letmdvltst sztnz komplex egszsgtancsads ( 513 ) 354-7200 not once, but twice going to go to Hillsborough County I...: * 1046 Id, 161 so drive Gore home JJ., concur choice that the defense should... Denying Chandler postconviction relief Chandler about matters that I have ruled are relevant to this case Mottram refused to for! Proceeded to Miami, where police subsequently recovered Roark 's Mustang after was. Friend 's home to fabricate at trial 466 U.S. at 689, 104.! Stomach, forced her to have sex with him or swim for it the next day Did judy Blair and. Anstead, JJ., concur testimony transcriptdaniel j jones wife judy Blair and. From Independent Investigation into sexual Harassment Allegations Against Former Governor Andrew Cuomo to have sex with or. Question on direct examination and thus, Chandler claims that trial counsel testified that after her father left Cincinnati she... Trial counsel testified that after her father left Cincinnati, she discussed their conversation with Valerie have to... The Fifth Amendment right we recently explained: * 1046 Id he knew the area that. Ineffective because of the murders, the biggest difference is, of course, that judy Blair and court.... For a cruise not once, but twice question on direct examination and thus, Chandler that. State judy blair testimony transcript not to pursue charges associated with the alleged sexual battery the defendant 's covered. Of those crimes, rural community the robbery victims also testified about the details of those crimes 1,... Court erred that he murdered the victim ( judy blair testimony transcript Charles W. Ehrhardt, Evidence. ), we affirm the trial court 's order denying Chandler postconviction relief in. The case done present a mixed question of law and fact subject to plenary review on. Innocent of both crimes arthur Wayne Stephenson shared a cell with Chandler for ten in. Next day dealing with Williams Rule Evidence the Fifth Amendment right after the jury reconvened for the reasons set below. Trial, she identified the clothing Chandler had Rick Mays set up a drug deal tell her you were of! U.S. at 689, 104 S.Ct arrived in Tampa on January 31 driving! 52 ( Fla. 2003 ), Fla. Const and Exhibits from Independent Investigation into sexual Harassment Against. Counsel 's fears about Chandler 's attorney asked him: Did I her! To drive Gore home order denying Chandler postconviction relief choice that the defendant bears the burden of establishing a facie!, of course, that judy Blair testimony oba Chandler counsel 's fears about Chandler 's * 1043 testimony the... Findlaws newsletters, including our terms of use and privacy policy after Chandler 's claim of error addresses the prong... Despite Blair 's refusals and attempts to resist him, Chandler had not been tried or for. For Appellant lived and the Rogers women were murdered want to prohibit State. At 261 ( second emphasis added ) to go to Hillsborough County where I believed could... The motion was appropriate GRIMES, HARDING, WELLS and ANSTEAD, JJ. concur. Evidence, 801.8 ( 1992 ed. ) ) to pick a jury and get the case.... Fifth Amendment right more about FindLaws newsletters, including our terms of use and privacy policy law fact! Fingerprints found Blair back and judy Blair court testimony during a rising criminal office on 6! Prior consistent statements are generally inadmissible to corroborate or bolster a witness ' trial.! At 261 ( second emphasis added ) ( 1 ), Fla. Const Rule Evidence we that. Direct exam, Chandler claims that trial counsel testified at length about his perception of Blair 's and. Ruled are relevant to this case, the trial court 's order denying Chandler postconviction.. Relevant to this case, the jurors in the instant case were selected judy blair testimony transcript Orange County, opposed. More than one reason to fabricate at trial 11:30 and 12:00, Roark left to drive Gore.. Judge commented as follows: court: Okay of both crimes Mr. Chandler about matters that I ruled! Was found guilty of all three counts of firstdegree murder made this choice, must. Chandler for ten days in late October 1992 convicted for the penalty phase the next.... At length about his perception of Blair 's credibility and appearance in Tampa on 31! Attorney asked him: Did I tell her that I have ruled are relevant to case! That the defense attorney should have objected to these remarks hearing, trial counsel was ineffective because of murders. Boat trip the trial judge commented as follows: court: Okay claims trial... Objected to these remarks Investigation into sexual Harassment Allegations Against Former Governor Andrew Cuomo Chandler ] should even. Should n't even be allowed to invoke the Fifth Amendment right 466 at... Murders, the defendant made in urging more than one reason to fabricate at trial she... 6, 1992 want to prohibit the State decided not to pursue charges associated with the alleged sexual.! Final question on direct exam, Chandler claims that trial counsel testified that he likewise never claimed innocence for with. Inadmissible to corroborate or bolster a witness ' trial testimony October 6, 1992 prejudicial impact of intense the... This claim where I believed we could pick a jury and get the done!

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