Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. judy blair testimony transcript. "[Judy's] experience and advice served as important guidance in my first full year as board chair. Hensley stated that even if there had been a hole in the fuel line, it would not have leaked because of the anti-syphoning valve. 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. 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. Revathi Constructions is a Leading Construction Company in Trichy. 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explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. Select Page. 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. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads 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. Art. [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". 657, 154 L.Ed.2d 556 (2002), and denied relief. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. We have previously stated that trial courts may attempt to impanel a jury before ruling on a change of venue because it provides trial courts an opportunity to determine through voir dire whether picking an impartial jury is possible. monkey in the middle math; arp church bulletin. Precedential, Citations: Obviously, our primary reason for requiring this procedure was to ensure that a defendant understood the importance of presenting mitigating testimony, discussed these issues with counsel, and confirmed in open court that he or she wished to waive presentation of mitigating evidence. 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. See Rolling, 695 So.2d at 285. The email address cannot be subscribed. We find no merit in this claim. 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). i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his V, 3(b)(1), Fla. Const. We find no error in the admission of evidence of Gore's attack on Corolis. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. 494 So.2d at 204. In a deposition, Judy Sheindlin talks how she went from powerless TV personality to a $47 million-a-year star and details her salary talks with CBS. 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"). 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. 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]. Copyright 2023, Thomson Reuters. 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. Chandler, 702 So.2d at 192-97. Per Curiam. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). Please try again. "[18] Taken in context, we do not believe that this brief comment by the prosecutor was an unfair or improper comment on defendant's Fifth Amendment rights. 17. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. 158, 100 L.Ed. Thus, the issue before the Court is whether trial counsel's strategy for dealing with the Williams Rule evidence amounts to ineffective assistance of counsel. I said, that's fine. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. We went over this last night with everybody present. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. filed, No. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. April 17th, 2003, Precedential Status: In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). 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). Chandler testified that he met Michelle Rogers when he stopped at a gas station. In the postconviction context where a defendant is claiming that counsel was ineffective with regard to a venue issue: Wike, 813 So.2d at 18. Court: And it is your decision that you have instructed your lawyer not to call these people. Charles J. Crist, Jr., Attorney General, and Candance M. Sabella, Senior Assistant Attorney General, Tampa, FL, for Appellee. *1033 Baya Harrison, Monticello, FL, for Appellant. Id. Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. denied, 522 U.S. 846, 118 S.Ct. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. rely on donations for our financial security. For that reason, Chandler asks us to vacate his death sentences. Outdoor Learning . All rights reserved. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. Fingerprints found blair back and judy blair testimony oba chandler. (Supp.1994). 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. 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."). The common thread in our Williams rule decisions has been that startling similarities in the facts of each crime and the uniqueness of modus operandi will determine the admissibility of collateral crime evidence. Id. On the contrary, we find that the identifiable points of similarity which pervade the compared factual situations, Drake, 400 So.2d at 1219, include chance encounters in public places with young female tourists to whom Chandler offered assistance; almost immediate offers of cruises on his boat; the same blue and white boat used for both crimes; a warm, non-threatening demeanor that convinced the eventual victims to accompany Chandler on his boat within twenty-four hours of meeting him; sexual motive with all victims stripped from the waist down; use or threatened use of duct tape; crimes occurring in large bodies of water under cover of darkness; murder committed or threatened; and commission of the crimes within a brief time frame seventeen to eighteen days of each other. [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. She gave a sworn statement to the state attorney's office on October 6, 1992. 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. 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 Mays' house was also damaged by the drug dealers. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. We find that Chandler is likewise not entitled to relief. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. The moon that hurts so ever is the unfairness of it. Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. He is going to testify. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. It was his election and not my desire that he response [sic] in the way he did. This appeal follows. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series United States v. Weber, 437 F.2d 327 (3d Cir.1970). Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. 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. "This isn't a negotiation," she tells the network's execs. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. Share Save. 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. Garrett Graff . When the Coast Guard recovered Christe's body, they had to cut the rope around her neck since they could not dislodge or pull up the heavy object at the end of the rope. 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. 10. Waiver of Right to Present Mitigating Testimony. 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. However, prior consistent statements are considered non-hearsay if the following conditions are met: the person who made the prior consistent statement testifies at trial and is subject to cross-examination concerning that statement; and the statement is offered to rebut an express or implied charge of improper influence, motive, or recent fabrication. Rodriguez, 609 So.2d at 500 (quoting section 90.801(2)(b), Florida Statutes (1989)). If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. filed, No. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . 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. He became more likely would reverse and judy blair court testimony during a rising criminal. Id. 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. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. Blair had been with her friend . 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. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. In Drake, we stated: Williams v. State holds that evidence of similar facts is admissible for any purpose if relevant to any material issue, other than propensity or bad character, even though evidence points to the commission of another crime. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. at 381. Geralds. 1535, 140 L.Ed.2d 685 (1998). 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. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. 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. Sign up to receive the Free Law Project newsletter with tips and announcements. 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 . I needed some cash. 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. Several marine operators for GTE2 testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. 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. 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. Court: Is there anything else we need to put on the record? He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. 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. 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. 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. 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