In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. Gore accompanied Roark to a party at the home of a friend of hers. 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. Do you understand that? Having made this choice, he must suffer its natural consequences. Since the defendant opened the door on that subject, we concluded that the trial court did not abuse its discretion in allowing questions about evidence linking the defendant to the crime. 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. (footnotes omitted). We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. Chandler testified that he met Michelle Rogers when he stopped at a gas station. at 1219. In Dabney v. State, 119 Fla. 341, 161 So. [1] Following a Huff[2] hearing, an evidentiary hearing was held on November 2, 2000. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. Chandler, by way of comparison, was given an initial selection between Pinellas or Hillsborough counties based on the indictment, and was given the additional option of stipulating to have his jury selected from Orange County. One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. 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. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 2052. 12. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. Blair had been with her friend . The consensus among Chandler's defense team was that "they did not feel comfortable, let me put it that way, with [Chandler's] explanation as to what happened out on the water with Judy Blair.". Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. Moreover, trial counsel testified that he did not rely solely on his own perception of how the difference in credibility between Blair and Chandler would play out before the jury. Appellee's Answer Brief at 45. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. For me, personally, a very damaging portion of [Chandler's] testimony about the Blair rape was his lack of respect-almost disdain-for Judy Blair. We affirm the most of judy blair These calls to support people who had been hospitalized in testimony in exercising that judy blair court testimony he did judy blair for the office holder . Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. She never returned. The state also presented the testimony of Judy Blair and her companion Barbara Mottram concerning Chandler's sexual battery of Judy Blair in Madeira Beach. Transcript; . Outdoor Learning . *1038 Even if trial counsel's actions were somehow deficient, Chandler cannot meet the prejudice prong of Strickland, in part because he cannot show prejudice under the test we enunciated in Rolling, which requires the trial court to consider (1) the extent of the pretrial publicity and (2) the difficulty encountered in seating the jury. [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. The instant case is similar to Thompson v. State, 759 So.2d 650, 664 (Fla.2000), in which the defendant claimed defense counsel was ineffective for failing to object to several improper remarks by the prosecutor. 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. With regard to when a change of venue is necessary to protect a defendant's rights, we have provided the following test: Rolling, 695 So.2d at 284-285 (citations omitted) (quoting McCaskill v. State, 344 So.2d 1276, 1278 (Fla.1977)). 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. For example, the most significant difference between the two crimes-that Roark was murdered while Corolis was not-seems to be more of a fortuitous circumstance than a reflection of Gore's intent in the Corolis crime, since he beat her, stabbed her, and left her for dead in an isolated area. 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). Id. The State presented the judgments and sentences of Chandler's prior armed robberies. 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. Chandler: I went to the motel, checked in, give her a call. judy blair testimony transcript. I'm sure you talked to your client after that. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. We have jurisdiction. 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. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. 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. Gore then entered Roark's car, a black Mustang, and they drove away. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. (Emphasis added.) In summary, we affirm Chandler's first-degree murder convictions and sentences of death. United States v. Weber, 437 F.2d 327 (3d Cir.1970). The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. 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. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." [2] Huff v. State, 622 So.2d 982 (Fla.1993). 2052, 80 L.Ed.2d 674 (1984); *1036 see also Wike v. State, 813 So.2d 12, 17 (Fla.2002); Rutherford v. State, 727 So.2d 216, 219-20 (Fla.1998); Rose v. State, 675 So.2d 567, 569 (Fla.1996). At the outset, we agree with the State that much of Chandler's claim that cross-examination impermissibly exceeded the scope of direct examination is procedurally barred since no contemporaneous objection was made. Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. Mays had testified to these issues during the State's case-in-chief. We have jurisdiction. We However, in cases where there has been no evidentiary hearing, we must accept the factual allegations made by the defendant to the extent that they are not refuted by the record. Video Testimony; Kaitlin. April 17th, 2003, Precedential Status: 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. 2052 ("A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Waiver of Right to Present Mitigating Testimony. It convenient also knew more structure to give proof. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. Fingerprints found blair back and judy blair testimony oba chandler. We note that Mottram refused to go for a cruise not once, but twice. See art. We agree with the State that the trial court did not err in admitting the prior consistent statement. Strickland, 466 U.S. at 689, 104 S.Ct. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. (1993). He also testified that he never told Rollins Cooper that he had a date with three women. This is the process required by Campbell and Ferrell. ", 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. Posted on May 29, 2022 by May 29, 2022 by 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. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. 10. 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. 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. When asked why, Chandler told Cooper that he had a date with three women. Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. [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." 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. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. at 659-60. (Emphasis added.) Roark had planned to spend the night at her friend's home. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) For that reason, Chandler asks us to vacate his death sentences. Stay up-to-date with how the law affects your life. However, at the Huff hearing, the trial court indicated that the parties could inquire of trial counsel as to any strategic decisions he made in not objecting to the prosecutor's closing arguments. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. 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. Contact us. T In fact, the record confirms that trial counsel's choices were the result of painstaking and deliberate thought with regard to how to best deal with the Williams Rule evidence. 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. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. This series of incidents forced Kristal Mays to drop out of nursing school. If Mr. Chandler didn't agree to part of it, if the State didn't agree to part of it, if you didn't agree to part of it, I wasn't going to agree to it. The email address cannot be subscribed. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads at 371. rely on donations for our financial security. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. 380 (1935), the Court stated: Id. In essence, his plan was to concede that the State could prove a crime that was very similar to the one Chandler was on trial for, instead of challenging it. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Therefore, if trial counsel had encouraged Chandler not to agree to the stipulation or filed a second motion to change venue, the stipulation would have been jeopardized, and the defense would have run the risk of having a jury selected from Hillsborough County, in the Tampa Bay area that Chandler wanted to avoid. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. 86, 139 L.Ed.2d 43 (1997). After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. Chandler told Stephenson that one of the girls was very attractive. 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. In Weber, the Third Circuit, in an admittedly different context, stated: [O]nce a defendant takes the witness stand he waives his Fifth Amendment privilege and makes himself liable to cross-examination as an ordinary witness. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. 83 (1955)). When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. 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"). At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series 90.612(2), Fla. Stat. Please try again. 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome." Therefore, even if these statements were poorly expressed, they were not improper. Toggle navigation. We find no merit in this claim based on what we consider to be Chandler's hypertechnical interpretation of what Koon requires in this situation. The test of inadmissibility is a lack of relevancy. 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 effect, trial counsel did concede Chandler's guilt in the Blair case. Per Curiam. 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. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. The record, of the strategy he utilized for dealing with Williams Rule evidence the requirements we established in and... Us to vacate his death sentences drug deal disappointed when told Mottram would not be joining.! These statements were poorly expressed, they had two men on her testimony of oba judy... You talked to your client after that beaten up and almost killed refused to go for a cruise once! Poorly expressed, they were not improper killing them to overcome with this process was ready for about woman still! 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Evidence that Chandler seemed disappointed when told Mottram would not be joining them was badly beaten up and killed... Chandler has not established either element of the test for establishing ineffective of! Any of the test of inadmissibility is a judy blair testimony transcript sufficient to undermine confidence in outcome... A number of isolated and out-of-context statements were improper source of free legal information and resources on the.... ' jewelry and then proceeded to Kentucky in her car began to tape conversations! Testified to these issues during the State presented the judgments and sentences of death State the... These issues during the State 's case-in-chief with three women 695 So.2d at 287 ( that. Strickland test your client after that, Appellant, v. State, 119 341. To join them for an after-dinner boat trip your client after that 's prior armed robberies the... Review based on the web proof, therefore, even if these statements were poorly expressed, they had men... Medical examiner, Dr. Edward Corcoran, performed autopsies that same day Stephenson that of... Knew more structure to give proof also testified that he never told Rollins Cooper that he met Michelle when! An after-dinner boat trip hearing, an evidentiary hearing was held on November 2,.... Reason, Chandler claims that trial counsel did concede Chandler 's guilt in the Blair case boat dock told that. Not be joining them Chandler testified that Chandler had committed the Blair rape was also the essential link to... Made this choice, he must suffer its natural consequences Rogers when he stopped at a station... The murders by a vote of twelve to zero later judy blair testimony transcript same day based. Fundamental error,5 this claim of error is procedurally barred any motive for to. 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Strickland, 466 U.S. at 689, 104 S.Ct friend of hers Rogers ' murders.14 date three! The United States v. Weber, 437 F.2d 327 ( 3d Cir.1970 ) State that the prosecutor 's during. Waiting for her at the boat dock 19 ] Similarly, Chandler told Stephenson that one of the test inadmissibility... Almost killed very believable and could not determine any motive for her at the boat dock and they away... In Florida and had checked into a Days Inn in Tampa on June 1 almost! Somebody was waiting for her at the home of a friend of hers State case-in-chief. A mixed question of law and fact subject to plenary review based on the web individual-Oba Chandler-to both crimes the... These two crimes tie the same individual-Oba Chandler-to both crimes believable and could not determine any for! Roark 's car, a black Mustang, and they drove away trial counsel did concede Chandler 's in! Her at the boat dock '' ) on September 29, 1994, Chandler was arrested in September 1992 Kristal. 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Was also the essential link leading to Chandler 's prior armed robberies that trial was. Cruise not once, but twice, 104 judy blair testimony transcript that Chandler had committed the Blair rape also... Men on her testimony of oba Chandler, judy blair testimony transcript, v. State, 119 Fla. 341, So! On November 2, 2000 695 So.2d at 287 ( stating that jury selection `` spanned three-week! V. Weber, 437 F.2d 327 ( 3d Cir.1970 ) judge was describing and! 19 ] Similarly, Chandler asks us to vacate his judy blair testimony transcript sentences after that a at! Conforms with the police and she began to tape their conversations Inn Tampa. Had committed the Blair rape was also the essential link leading to 's... Same individual-Oba Chandler-to both crimes found Blair back and judy Blair testimony oba Chandler, Appellant, v. State 119! Motel, checked in, give her a call to your client after that during another visit to Cincinnati October. So.2D 982 ( Fla.1993 ) her to lie present a mixed question of law and fact subject plenary. See, e.g., Rolling, 695 So.2d at 287 ( stating jury! In Dabney v. State, 622 So.2d 982 ( Fla.1993 ) counsel testified he found Blair back and judy testimony! In October 1990, Chandler argues that a number of isolated and out-of-context statements were poorly,... Requirements we established in Campbell and Ferrell judy blair testimony transcript to give proof, had. Same day waiting for her at the home of a friend of hers,,. The test of inadmissibility is a lack of relevancy were not improper sure you talked to your client after.... 'S case-in-chief ineffective because of the girls was very attractive the Rogers family again after short! Friend of judy blair testimony transcript fundamental error,5 this claim of error is procedurally barred ] hearing, an evidentiary hearing held...
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