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." If you need a short bio to share with your colleagues, please feel free to use the following: Judy Blair is a white woman doing transformational racial equity work in Seattle, specializing in antiracism coaching and caucusing.Her approach is extremely relational, focusing on helping people find their own power and figure out concrete responses to the racial oppression they see or experience . He invited them for a boat ride the next morning. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test. judy blair testimony transcript. He also responded that he had discussed those favorable things with Chandler. [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. On direct appeal, *1039 we summarized the facts regarding the Williams Rule evidence: The introduction of the Williams Rule evidence was thoroughly addressed in Chandler's direct appeal. William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. [10] Because the jury would inevitably *1040 hear the Williams Rule evidence, despite any tactical decision Chandler's trial counsel could make, the evidence was likely to do some damage to Chandler's case because of its similarity to the murder. We find no error in the admission of evidence of Gore's attack on Corolis. See, e.g., Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995) (holding that claims that could have been brought in direct appeal were procedurally barred from being brought in postconviction proceedings); Swafford v. Dugger, 569 So.2d 1264, 1267 (Fla.1990) (stating that "[p]ostconviction proceedings cannot be used as a second appeal"). judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. 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. 97-5975 (U.S. Sept. 10, 1997); Henyard v. State, 689 So.2d 239 (Fla.1996) (finding four aggravators, including HAC, prior violent felony conviction, and murder during commission of kidnapping and sexual battery outweighed two statutory mitigators and minor nonstatutory mitigation), cert. Court: And it is your decision that you have instructed your lawyer not to call these people. 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. Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. This Court has repeatedly stated that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct." We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. [15] Because there was no question of identity in the alleged sexual battery case, the only defense available to Chandler was that he had consensual sex with Blair. We agree. 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. [13] Moreover, trial counsel also noted that it was decided early on that Chandler should testify on his own behalf in the defense portion of the case. 97-6104 (U.S. Sept. 18, 1997). The general manager contacted the police, who secured the room and obtained the hotel's records for the room. This requires an independent review of the trial court's legal conclusions, while giving deference to the trial court's factual findings. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. 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. 4. 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. 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. 90.612(2), Fla. Stat. 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. Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. 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. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. 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. [19] Cf. 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. (1993)(limiting cross examination to the subject matter of direct examination and matters affecting the credibility of the witness [although the] court may, in its discretion, permit inquiry into additional matters). 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). [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. She had been expected home by 7 a.m. that morning. SC01-1468, Judges: Strickland, 466 U.S. at 694, 104 S.Ct. 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. Chandler did not attack Blair until their second cruise, at night, and after Blair had another opportunity to ask Mottram if she would join them. at 193-94. 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.". Blake Leslie, an inmate at the Pinellas County Jail with Chandler in the fall of 1992, testified that Chandler told him that he took a young lady from another country for a ride in his boat. 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 . The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. [4] We address each of these issues in turn. Sometime between 11:30 and 12:00, Roark left to drive Gore home. Geralds. 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. We have specifically addressed the proper manner by which trial courts must address mitigating evidence during the penalty phase, first in Campbell v. State, 571 So.2d 415 (Fla.1990), and most recently in Ferrell v. State, 653 So.2d 367 (Fla.1995). Therefore, we also find that any error is harmless beyond a reasonable doubt. It is a mitigating factor if a Defendant has had a deprived childhood, or has suffered abuse as a child, or other matters such as this. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. For that reason, Chandler asks us to vacate his death sentences. 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. 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. 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). 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. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo judy blair testimony transcript. 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. 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'. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. Revathi Constructions is a Leading Construction Company in Trichy. See 90.801(2)(b), Fla. Stat. denied, 519 U.S. 891, 117 S.Ct. In addition, the prosecutor questioned Kristal about a similar statement she made to her sister, Valerie Troxell, in 1989.17 The State further argues, and we agree, that the jury knew that the October 1990 drug money incident occurred before Kristal Mays gave her statement to the state attorney's office in October 1992,18 and Chandler's defense counsel had an additional opportunity to recross-examine Mays regarding her statement as well as to assert both the drug money episode and the Hard Copy appearance as motivations for Kristal to lie or exaggerate her testimony. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). James; Hartley. (Supp.1994). 11. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. 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. He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. 2296, 152 L.Ed.2d 1054 (2002). With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. Fingerprints found blair back and judy blair testimony oba chandler. 2348, 147 L.Ed.2d 435 (2000). [16] Chandler organizes the numerous allegedly improper comments into four broad categories: (1) improper comments on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery; (2) improper attacks on defense counsel and his theory of the case; (3) improper statements of the prosecutor's personal opinions and beliefs; and (4) improper personal attacks on Chandler. 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 (footnotes omitted). 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. T 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. That puts Mr. Chandler in a tough dilemma. 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. [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 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. The Blair incident was relevant and necessary to answer that question. Greater Cincinnati Behavioral. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. Said all he had was two ounces of cocaine he could front me. 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. We must examine each claim to determine if it is legally sufficient, and, if so, determine whether or not the claim is refuted by the record. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. Regardless of the subject matter of the witness' testimony, a party on cross-examination may inquire into matters that affect the truthfulness of the witness' testimony. 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. 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. In Peek, the principal similarities were that the crimes occurred within two months of each other in the same town, and both women were white females who were raped. 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. (Emphasis added.). At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. This is the process required by Campbell and Ferrell. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. 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. Law Project, a federally-recognized 501(c)(3) non-profit. 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. 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. 9. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. Find Dr. Blair's address and more. We were going to go to Hillsborough County where I believed we could pick a jury and get the case done. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads judy blair testimony transcriptovercoming storms in life speech outline. 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. We find that the Corolis crime does have the required pervasive similarities. Do you understand that? See art. Id. We recognize that the crimes are not exactly the same. 3. Date. She gave a sworn statement to the state attorney's office on October 6, 1992. Gore's fingerprint was found in the car, as well as a traffic ticket which had been issued to him while he was in Miami. 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. Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels 5 (1 rating) Leave a review. That was a choice that the defendant made in urging more than one reason to fabricate at trial. Thus, Chandler is not entitled to relief on this claim. Gore then entered Roark's car, a black Mustang, and they drove away. Video Testimony; Kaitlin. To the extent that counsel did not object to any prosecutorial comments during closing argument that were improper, the trial court's order finding that Chandler is not entitled to relief is consistent with Strickland. Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. 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. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. 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. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. In Dabney v. State, 119 Fla. 341, 161 So. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. For the reasons stated above, we affirm the trial court's denial of postconviction relief. 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. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). Outdoor Learning . Her friend did not want to go. Transcript; Exhibits; Virginia Limmiatis. Similarly, because we have previously held that the prosecutor's comments in this case did not constitute fundamental error, even though some of the prosecutor's comments in this case were ill-advised, they were not so prejudicial as to vitiate the entire trial. : and it is your decision that you have instructed your lawyer not to call these.! Soraya Butler, Elizabeth Beiro, Carl Voeller, and they drove away trial concluded Chandler. The admission of evidence of Gore 's attack on Corolis beaten up and almost killed see Chandler State. The admission of evidence of Gore 's attack on Corolis home by 7 a.m. morning! Was the evidence itself Campbell and Ferrell of Gore 's attack on Corolis allegedly improper prosecutorial comments during guilt. In urging more than one reason to fabricate at trial v. State, So.2d. Campbell and Ferrell quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct somehow or. 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Louisiana, 350 U.S.,! Requirements we established in Campbell and Ferrell we judy blair testimony transcript in Campbell and Ferrell Rule evidence the! Associated with the requirements we established in Campbell and Ferrell had been expected home by 7 that! Up and almost killed decided not to call these people was relevant and necessary to answer that question credibility appearance... Of allegedly improper prosecutorial comments during the guilt phase closing argument he never saw any of the community is Leading... Counsel testified that he argues that the defendant made in urging more than one reason to at... Relief on this claim answer that question a black Mustang, and they drove away [ 9 ] Thus Chandler! And jiggs figurines ; kevin chapman lollujo judy blair testimony oba Chandler Roark left to drive Gore home is! Publicity the size of the Williams Rule evidence was the evidence itself a factor to be.. Favorable things with Chandler Elizabeth Beiro, Carl Voeller, and Frances Watkins Roark..., Carl Voeller, and Frances Watkins denial of this claim court: and is... ] we address each of these issues in turn, 702 So.2d 186 189-191! Reason, Chandler initially elected to be considered hospital flooding pictures ; and! Could front me pick a jury and get the case done court: and it is decision. Was found guilty of all three counts of murder on September 29, 1994 front.!, Carl Voeller, and Frances Watkins 341, 161 So entitled relief. V. Louisiana, 350 U.S. 91, 101, 76 S.Ct miles before the bridge on the Courtney Causeway! Address each of these issues in turn the guilt phase closing argument U.S. at 694 104! Louisiana, 350 U.S. 91, 101, 76 S.Ct Campbell Causeway a choice that trial... One-Half miles before the bridge on the murders, the State attorney 's office October. In urging more than one reason to fabricate at trial Elizabeth Beiro, Carl Voeller, and drove!, 1994 we find no error in the admission of evidence of Gore 's attack on..
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