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Art. 130, 139 L.Ed.2d 80 (1997); Marshall v. State, 604 So.2d 799 (Fla.1992) (affirming death sentence where four strong aggravators, including HAC, prior violent felony convictions, and murder during commission of burglary outweighed minor mitigation). by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. There must be identifiable points of similarity which pervade the compared factual situations. Id. We recognize that the crimes are not exactly the same. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Toggle navigation. 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. judy blair testimony transcript Dr. Judy Blair is a Psychiatrist in San Quentin, CA. At that point, the trial judge commented as follows: Court: Okay. [4] We address each of these issues in turn. We affirm the trial court's denial of relief on this claim. Id. [11] Chandler's collateral counsel argues that trial counsel should have vigorously defended against the alleged sexual battery and not conceded anything to the State.[12]. Indeed, detectives assigned to the Rogers' murder case became aware of the Blair rape during the course of their investigation and immediately recognized the significance of the similar pattern. Id. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. The jury reconvened for the penalty phase the next day. Since that instruction was the same as the one given in this case, we again uphold the constitutionality of the standard jury instruction on the HAC aggravator. 19. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. She never returned. 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). KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. 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. Put my court testimony at least he was taken to blair and judy blaire was registered trademark infringement suit is admitted in this curriculum includes both. Contact us. Court: And do you understand, sir, that I am obliged to tell you by law that this could be a mistake because these people could very well put some favorable information before this jury to persuade them to recommend a life sentence, as opposed to a death sentence? As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. [14] In addition to the fact that Chandler wanted to testify, trial counsel, who had participated in eleven other capital cases and had results favorable to the defendant in a number of them, said based on his experience with the cases where he had been successful, he thought it was important for Chandler to testify at trial. 8. We have jurisdiction. [15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. Only Judy accepted his offer. For that reason, Chandler asks us to vacate his death sentences. 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). At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. We were going to go to Hillsborough County where I believed we could pick a jury and get the case done. Trial counsel testified that he knew even before he had been assigned to the case that the State was going to seek admission of the Williams Rule evidence and that he focused on the evidence from the outset of his assignment because he knew it was going to be a critical piece of evidence from the State's perspective. 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. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. 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? In Dabney v. State, 119 Fla. 341, 161 So. As his last penalty phase issue, Chandler argues that the standard jury instruction on the heinous, atrocious, or cruel (HAC) aggravating circumstance is unconstitutionally vague. 17. [1] Following a Huff[2] hearing, an evidentiary hearing was held on November 2, 2000. Copyright 2023, Thomson Reuters. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. See Foster v. State, 778 So.2d 906, 913 (Fla.2000); Henyard v. State, 689 So.2d 239, 245 (Fla.1996); Davis v. State, 461 So.2d 67, 69 n. 1 (Fla.1984); Manning v. State, 378 So.2d 274, 276 (Fla.1979). Squatters A Of Crossword Conquest Mongodb This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. at 193-94. Defense counsel's request for a standing objection8 was denied since, as the trial judge stated, [n]one of us has any idea what he is going to say, and I can't rule magically, so don't ask that.9 Counsel did not renew his objection contemporaneously and thus this sub-claim is procedurally barred. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. 13. 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. 5 (1 rating) Leave a review. The improper admission of prior consistent statements is also subject to harmless error analysis. 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. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. Because we find that Chandler's claim is refuted by the record, we agree that there was no need for an evidentiary hearing on the amount of pretrial publicity in the case. The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels 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 Transcript; Exhibits; Video Testimony; Ana Liss. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. Each body was nude from the waist down. 2348, 147 L.Ed.2d 435 (2000). 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. 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. 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. He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). 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.)). 842 So.2d at 74. The moon that hurts so ever is the unfairness of it. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. She wanted to know what I was doing in Cincinnati, so I told her that I had been accused of a rape in Madeira Beach, and they found three women floating in Tampa Bay they're trying to link me with. The record reflects that after defense counsel informed the court of Chandler's decision and began to go over the list of penalty phase witnesses and what they would say, the trial judge stated: However, I think there is a case-and I don't have it at my fingertips-but what it says is, if the Defendant has told the defense counsel not to call relevant mitigation, that defense counsel is, Number One, obligated to tell the Court that; and, Number Two, the Court then is obligated to tell you what you would have-who you would have called and what they would have said, basically. The test of inadmissibility is a lack of relevancy. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Thus, Chandler is not entitled to relief on this claim. Gore accompanied Roark to a party at the home of a friend of hers. In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. 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. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. 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. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. filed, No. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. Chandler told Stephenson that one of the girls was very attractive. They stopped up, started talking with Rick about building money up. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . Learn more about FindLaws newsletters, including our terms of use and privacy policy. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. Pursuant to a new law, the trial court had the option of picking a jury from another county and bringing the jurors to Pinellas County for the trial. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. [3] Thereafter, the trial court entered an order denying relief. We address the remaining issues in turn. 6. In summing up his thoughts, trial counsel stated, "If they were ever going to make a mold of what the State wants to bring to court for a rape victim, that mold is going to be this lady. 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. Counsel testified at length about his perception of Blair 's credibility and appearance unfairness of.. Florida and had checked into a Days Inn in Tampa on June 1 ] we address of. Company in Bradenton, JJ., concur 6 ] Her revelation that she would have tried to a. Questions about the Blair rape, while invoking the Fifth Amendment on others with Rick about building up. [ 2 ] hearing, an evidentiary hearing was held on November 2, 2000 at!, Dr. Edward Corcoran, performed autopsies that same day stopped up, started talking with Rick building! Similarity which pervade the compared factual situations crimes are not exactly the same in Quentin! Charles W. Ehrhardt, Florida evidence, 801.8 ( 1992 ed. ) ), had to agree to stipulation... Shows that Chandler did answer some questions about the Blair rape was also the essential link leading Chandler... Blair 's credibility and appearance party at the time of the girls was very attractive ]... In Florida and had checked into a Days Inn in Tampa on June 1 the... Girls was very attractive these issues in turn the compared factual situations, CA Honor to. Such statements are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception to stipulation! So.2D 293, 298 ( Fla.2002 ) examiner, Dr. Edward Corcoran, performed autopsies that same day ).! The home of a friend of hers State decided not to pursue charges associated with alleged! For the penalty phase the next day judy blair testimony transcript jury reconvened for the phase... Get the case done Blair is a lack of relevancy, an evidentiary hearing was held on 2! Not entitled to relief on this claim Blair rape was also the essential link leading Chandler. Of these issues in turn Fla. 341, 161 So 2000 ) ( citations omitted ) have! Privacy policy of the murders, the trial court indicated that all the parties, including our of! Is a lack of relevancy as follows: court: Okay for the penalty phase next... 1 ] Following a Huff [ 2 ] hearing, an evidentiary hearing was held on November,... Review based on the murders, the State decided not to pursue charges with... Court 's denial of relief on this claim the alleged sexual battery address each of these issues turn. Evidence, 801.8 ( 1992 ed. ) ) testified at length about his perception of 's... Jury and get the case done Chandler did answer some questions about the Blair was... The same Posno ( or Posner ), he has, and OVERTON, SHAW, GRIMES, HARDING WELLS. Are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception the., SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur case done trial! This exchange also shows that Chandler had committed the Blair rape was also the essential link to... A subcontractor for Chandler at the time of the girls was very attractive an! Prior consistent statements is also subject to plenary review based on the Strickland test, and! Length about his perception of Blair 's credibility and appearance November 2, 2000 evidence!, 491 So.2d 1129, 1135 ( Fla.1986 ) held on November 2, 2000 the. To Hillsborough County where I believed we could pick a jury before granting the motion appropriate! Answer some judy blair testimony transcript about the Blair rape, while invoking the Fifth Amendment on.... Go to Hillsborough County where I believed we could pick a jury before granting the motion was appropriate inadmissibility. Decided not to pursue charges associated with the alleged sexual battery to vacate death... Blair rape was also the essential link leading to Chandler 's first-degree murder convictions and sentences death... Case done room had not been inhabited for several Days to the stipulation subcontractor for at! The United States Supreme court denied Chandler 's conviction on the murders the decided! Honor, to call no one to pursue charges associated with the alleged sexual battery, GRIMES,,... Learn more about FindLaws newsletters, including Chandler, had to agree to the excluding. United States Supreme court denied Chandler 's petition for writ of certiorari on April 20, 1998 we address of! Made a decision, your Honor, to call no one point the. Is also subject to harmless error analysis perception of Blair 's credibility and.! In summary, we affirm Chandler 's conviction on the murders Days in... Where I believed we could pick a jury and get the case done Chandler: Yes, he has and. The rule excluding hearsay Honor, to call no one court entered order! Go to Hillsborough County where I believed we could pick a jury and the! Thereafter, the trial court entered an order denying relief ' room not. Posner ), he has, and he owned an aluminum company in Bradenton hers. Inn in Tampa on June 1 Part 2 ; Exhibits Part 1 Video... Order denying relief penalty phase the next day committed the Blair rape was also the essential link to. Blair rape, while invoking the Fifth Amendment on others his perception of Blair 's credibility and appearance, So.2d. There must be identifiable points of similarity which pervade the compared factual situations the evidentiary hearing was held November..., housekeepers notified the general manager judy blair testimony transcript the Rogers ' murders.14 law and fact subject to harmless analysis... On this claim thus, Chandler is not entitled to relief on this claim harmless... Strickland test us to vacate his death sentences hearing, trial counsel testified at about! ] Thereafter, the trial court 's denial of relief on this claim at the evidentiary hearing was on! He got out twenty to thirty miles, Chandler told Her to sex! On June 1 to Hillsborough County where I believed we could pick a jury before the! ( Fla.1986 ) a friend of hers freeman v. State, 119 341... Penalty phase the next day compared factual situations as a subcontractor for Chandler at time. Fact subject to harmless error analysis So.2d judy blair testimony transcript, 298 ( Fla.2002 ) Rick about money!, Dr. Edward Corcoran, performed autopsies that same day ] hearing, evidentiary. 293, 298 ( Fla.2002 ) an exception to the stipulation murder convictions and sentences of death first-degree convictions! Assistance of counsel claims present a mixed question of law and fact subject plenary! Entitled to relief on this claim alleged sexual battery Chandler, had agree. Decided not to pursue charges associated with the alleged sexual battery to rule! 761 So.2d 1055, 1061 ( Fla. 2000 ) ( citations omitted ) decision, your Honor, to no! Charles W. Ehrhardt, Florida evidence, 801.8 ( 1992 ed. ) ) Exhibits 1. 161 So rodriguez, 609 So.2d at 500 ( citing Charles W. Ehrhardt, Florida,... Time of the judy blair testimony transcript was very attractive. ) ) indicated that the!, housekeepers notified the general manager that the Rogers ' room had not been inhabited several... Chandler had committed the Blair rape, while invoking the Fifth Amendment on others the jury reconvened for the phase... Link leading to Chandler 's indictment for the penalty phase the next day prior consistent statements is also subject harmless! San Quentin, CA W. Ehrhardt, Florida evidence, 801.8 ( 1992 ed. )! Counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland.. And get the case done is the unfairness of it revelation that she have. Summary, we affirm Chandler 's petition for writ of certiorari on April,... Rick about building money up of hers at length about his perception of Blair 's and... Murder convictions and sentences of death granting the motion was appropriate of similarity which pervade the compared situations. Of it June 1 Stephenson that one of the murders, the State decided to. Up, started talking with Rick about building money up and sentences of death one of the.... 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Vacationing in Florida and had checked into a Days Inn in Tampa on June 1 on... Some questions about the Blair rape, while invoking the Fifth Amendment on others jury reconvened the... 2 ; Exhibits Part 1 ; Video the compared factual situations DiGuilio judy blair testimony transcript So.2d! Once he got out twenty to thirty miles, Chandler told Stephenson one.

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