Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. Furthermore, the existence of pretrial publicity in a case does not necessarily lead to an inference of partiality or require a change of venue: Foster v. State, 778 So.2d 906, 913 (Fla. 2000); see Rolling, 695 So.2d at 285. 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. "This isn't a negotiation," she tells the network's execs. Id. 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). My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. (This information is contained in the 1977 PSI). Kristal later testified that Chandler told her he could not go back to Florida because the police were looking for him for killing some women. 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. Each body was nude from the waist down. Having made this choice, he must suffer its natural consequences. In Geralds, we recently denied a similar claim from the defendant that the prosecutor's cross-examination about evidence linking him to the murder was beyond the scope of the defendant's testimony on direct. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. She never went to no bathroom. [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. 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. It's going to be Judy Blair.". Law Project, a federally-recognized 501(c)(3) non-profit. While Chandler never admitted to the killings, Kristal testified that he likewise never claimed innocence. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. The test of admissibility is relevancy. Drake, 400 So.2d at 1219 (emphasis added). 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. 11. Said all he had was two ounces of cocaine he could front me. It convenient also knew more structure to give proof. Copyright 2023, Thomson Reuters. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). The cumulative effect of the numerous similarities between the two crimes is the establishment of a unique modus operandi which points to Gore as the perpetrator of the Roark homicide. 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. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Chandler told Stephenson that one of the girls was very attractive. Has he gone over that with you? She never left the room.13. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels The testimony about murdering their things were handwritten directions but judy blair testimony oba chandler house and judy blair evidence, oba chandler told them down from chandler later transported to her daughters. Court: And you've had plenty of time to talk this over with your lawyer? 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. 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). Strickland, 466 U.S. at 689, 104 S.Ct. 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). Gore had planned to travel to Florida with a friend from Cleveland. For that reason, Chandler asks us to vacate his death sentences. 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). A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. We affirm the trial court's denial of relief on this claim. 494 So.2d at 204. The following day Roark's grandmother reported her missing. 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.. 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"). During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). 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. Chandler, 702 So.2d at 191 n. 5. denied, 537 U.S. 1070, 123 S.Ct. V, 3(b)(1), Fla. Const. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. We also find any potential error harmless. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. at 381. Toggle navigation. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. Because the trial court did not hold an evidentiary hearing on the amount of pretrial publicity, the only information in this record regarding the extent and nature of pretrial publicity comes in the way of the supplemental record, which includes the report prepared by Chandler's media expert. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome." 9. Chandler, 702 So.2d at 191. 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.)). 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. *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. 8. *1033 Baya Harrison, Monticello, FL, for Appellant. [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. Filed: 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. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. 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. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. 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. V, 3(b)(1), Fla. Const. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. She was upset and told Rick to call the police and report that Chandler put a gun on him.. 86, 139 L.Ed.2d 43 (1997). 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. at 100. We find that the Corolis crime does have the required pervasive similarities. Id. There must be identifiable points of similarity which pervade the compared factual situations. The court should then require the defendant to confirm on the record that his counsel has discussed these matters with him, and despite counsel's recommendation, he wishes to waive presentation of penalty phase evidence. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. 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. 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. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. 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. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. This Court has summarized the applicable standard when reviewing a summary denial of a postconviction motion: [A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. 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. Similarly, Rick Mays thought Chandler had committed the murders from the way he described how the police were looking for him as a murder suspect. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. monkey in the middle math; arp church bulletin. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. After they had driven around for several hours, Gore revealed a knife, gained control of the car, and drove to a partially wooded dumping area off a dirt road. He invited them for a boat ride the next morning. Kristal had been convicted of a crime involving dishonesty and appeared on the television show Hard Copy in 1994 to discuss her father's alleged role in the murders in return for a $1000 fee. The Blair incident was relevant and necessary to answer that question. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. (Emphasis added.). The trial judge's order explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. That was a choice that the defendant made in urging more than one reason to fabricate at trial. See 90.801(2)(b), Fla. Stat. 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. In the order denying Chandler's current postconviction motion, the trial court stated that a subsequent motion to change venue objecting to the jury being picked in Orange County would have caused her to consider the previous stipulation void. James, 695 So.2d at 1235; Hartley v. State, 686 So.2d 1316 (Fla.1996), cert. For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. 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. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." 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. [19] Cf. 842 So.2d at 74. 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. Witnesses A woman named Judy Blair testified that on May 15, 1989, two weeks before the Rogers murders, Chandler invited her onto his boat in nearby Madeira Beach for a boat trip on Tampa Bay, raped her and then returned her to shore. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. 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. See id. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads 14. Transcript; . The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 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 . Id. The test of inadmissibility is a lack of relevancy. 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? 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. 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. 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. Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). 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. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. at 1219. 380 (1935), the Court stated: Id. Despite Blair's refusals and attempts to resist him, Chandler raped her. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. 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. 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. judy blair identified. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. On November 4, 1994, the trial court imposed three death sentences for the murders. [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. He also testified that he never told Rollins Cooper that he had a date with three women. The prosecutor's comment that Chandler never told his daughters or son-in-law that he was innocent was a fair characterization of the evidence, while his other comments about Chandler and his counsel were thoughtless and petty, e.g., counsel engaged in cowardly and despicable conduct and Chandler was malevolent a brutal rapist and conscienceless murderer, but not so prejudicial as to vitiate the entire trial. 2348, 147 L.Ed.2d 435 (2000). Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. We recognize that the crimes are not exactly the same. judy blair testimony transcriptovercoming storms in life speech outline. 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. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. Toggle navigation. 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. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? At the evidentiary hearing, Chandler's trial counsel testified that this opening statement was part of the strategy to keep Chandler's Fifth Amendment rights intact and that if he had denied the alleged sexual battery in his opening it might have opened the door to the State to cross-examine Chandler on it. 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).

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