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. judy blair identified. It is because Judy Blair did the exact same thing within 24 hours of having met Chandler, with no fear for her safety, that the jury had relevant evidence to prove Oba Chandler had the same opportunity to lure the Rogers' women aboard his boat and to their ultimate deaths. 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. I have never-its's ludicrous. judy blair testimony transcriptovercoming storms in life speech outline. James; Hartley. 2d 1031, Docket Number: 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)). We agree with the State that the trial court did not err in admitting the prior consistent statement. [3] Thereafter, the trial court entered an order denying relief. 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. We find that the Corolis crime does have the required pervasive similarities. He put the knife to Corolis' stomach, forced her to undress, and raped her. Court: Is there anything else we need to put on the record? We have jurisdiction. 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. 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. The Mays' house was also damaged by the drug dealers. 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. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. 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. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. Judy Mogul Video Testimony (Transcript and Exhibits previously released) Maggie Moran Transcript Exhibits John Maggiore Transcript Exhibits Matt McGrath Transcript Exhibits Harold Moore Transcript Exhibits Jefrey Pollock Transcripts Exhibits Larry Schwartz Transcript Exhibits Lis Smith Video Testimony (Transcript and Exhibits previously released) 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. Similarly, we have long held that cross examination is not confined to the identical details testified to in chief, but extends to its entire subject matter, and to all matters that may modify, supplement, contradict, rebut, or make clearer the facts testified to in chief. Geralds v. State, 674 So.2d 96, 99 (Fla.1996) (quoting Coco v. State, 62 So.2d 892, 895 (Fla.1953)); Coxwell v. State, 361 So.2d 148, 151 (Fla.1978) (same). Sign up to receive the Free Law Project newsletter with tips and announcements. *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. We find that Chandler is likewise not entitled to relief. [20] In the instant case, while he did object to some comments, trial counsel alleged that his failure to object to every improper comment made by the prosecutor was a strategic 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. Squatters A Of Crossword Conquest Mongodb We also find any potential error harmless. 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. Precedential, Citations: 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. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. 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. (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). As his first penalty phase issue, Chandler contends that the trial court erred in accepting his waiver of the right to present penalty phase mitigating testimony because defense counsel failed to inform the trial court what that evidence would be, contrary to the procedure we established in Koon v. Dugger, 619 So.2d 246 (Fla.1993). denied, 520 U.S. 1122, 117 S.Ct. at 1219. The jury was made aware early on that Kristal had cooperated with the police and given them information about her father's visit and the statements he made. 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. V, 3(b)(1), Fla. Const. (1993). Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. It's going to be Judy Blair.". [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. Id. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. 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. judy blair testimony transcript. See Hunter v. State, 660 So.2d 244, 251 (Fla.1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was clearly outside the scope of direct); 90.612(2), Fla. Stat. 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. 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. 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). 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." 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. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. See 90.801(2)(b), Fla. Stat. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. 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. The email address cannot be subscribed. 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. Her friend did not want to go. 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? 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. I said, that's fine. Miss Holliday: Yes; I do. 2052. 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]. Chandler, 702 So.2d at 191 n. 5. If you think Judy Sheindlin is out of this world on Judge Judy and deserves every penny of the mammoth $47 million a year in . That really isn't my concern. We recognize that the crimes are not exactly the same. He invited them for a boat ride the next morning. Judy Mogul. 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.". 83 (1955)). For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. 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. The improper admission of prior consistent statements is also subject to harmless error analysis. See Strickland, 466 U.S. at 694, 104 S.Ct. Per Curiam. at 100. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. Is that correct? 2348, 147 L.Ed.2d 435 (2000). The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. At that point, the trial judge commented as follows: Court: Okay. [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.". This claim is without merit. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). See id. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. [19] Cf. Greater Cincinnati Behavioral. Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. Posted on May 29, 2022 by May 29, 2022 by Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. denied, 522 U.S. 846, 118 S.Ct. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. 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"). We Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. Pursuant to a new law, the trial court had the option of picking a jury from another county and bringing the jurors to Pinellas County for the trial. 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. 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. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). 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. On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. After boating for several hours, Blair and Chandler returned to the dock. In Dabney v. State, 119 Fla. 341, 161 So. 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. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free I wanted answers to my questions. 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."). Said all he had was two ounces of cocaine he could front me. 97-6104 (U.S. Sept. 18, 1997). Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. 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. 1535, 140 L.Ed.2d 685 (1998). In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. [2] Huff v. State, 622 So.2d 982 (Fla.1993). The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. rely on donations for our financial security. [12] Chandler had not been tried or convicted for the alleged sexual battery. Chandler was the man she saw. 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"). [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. In the statements cited, the prosecutor used words and phrases such as "desperation, distortion, and half-truths," "charade," and "totally irrational" to characterize defense counsel's arguments as misleading. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. Her office is not accepting new patients. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. [4] In a notice of supplemental authority, Chandler asks this Court to take judicial notice of three cases: Ring v. Arizona, 534 U.S. 1103, 122 S.Ct. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. 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. monkey in the middle math; arp church bulletin. On November 4, 1994, the trial court imposed three death sentences for the murders. Fingerprints found blair back and judy blair testimony oba chandler. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. denied, 519 U.S. 891, 117 S.Ct. The testimony of Tina Corolis was admitted as evidence of a collateral crime. denied, 535 U.S. 1098, 122 S.Ct. Therefore, this was a legitimate subject of inquiry for the State in cross-examining Chandler as it attempted to cast doubt on his defense and undermine his credibility as a witness. 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. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. Mere conclusory allegations are not sufficient to meet this burden. A reasonable probability is a probability sufficient to undermine confidence in the outcome." [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. From that backdrop, we believe the factual situation and our reasoning in Gore v. State, 599 So.2d 978 (Fla.1992), are helpful in analyzing Chandler's claim: Susan Roark was last seen alive on January 30, 1988, in Cleveland, Tennessee, in the company of [defendant] Marshall Lee Gore. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. The test of admissibility is relevancy. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Strickland, 466 U.S. at 694, 104 S.Ct. at 664. 1. Transcript; . 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"). This appeal follows. United States v. Weber, 437 F.2d 327 (3d Cir.1970). Roark had planned to spend the night at her friend's home. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. The robbery victims also testified about the details of those crimes. 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. At the evidentiary hearing, trial counsel gave a well-founded explanation for why he thought his strategy for dealing with the Williams Rule evidence was appropriate. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. Transcript; Exhibits; Video Testimony; Ana Liss. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads For the reasons stated above, we affirm the trial court's denial of postconviction relief. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. 16. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. 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. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. The note read, Turn right. He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). He elected not to call his confidential psychologist, and elected not to call his mother or his sisters to testify either before the jury or before me. [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. Do you understand that? 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. 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.)). 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 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. Toggle navigation. 158, 100 L.Ed. 848 So. Chandler's claim of error addresses the first prong. 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. [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. filed, No. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. 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." After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. 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. 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. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). (513) 354-7200. Even though he did not concede guilt to the murders, given the similarities between the murders and the alleged sexual battery, trial counsel's decision should still be closely scrutinized. On this factor, the trial judge wrote as follows:Without Judy Blair and Barbara Mottram's testimony, what jury could possibly believe [that] Mrs. Rogers and her two children would board Chandler's boat for a sunset cruise within 24 hours of having met him? Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. Affirm the trial court entered an order denying relief photograph out of a photo pack and identified in... Is there anything else we need to put on the brochure we do not find that the Rogers ' parked! Also testified about the details of those crimes, 161 So the night at her friend 's.! We agree with the State indicated it was their belief [ Chandler ] should n't be... Of prior consistent statement citations omitted ) County Sheriff 's Department, found Chandler 's * 1043 testimony at evidentiary! The dock ; arp church bulletin was describing Koon and the Google Privacy Policy Terms! With the State that the Rogers ' car parked at a boat ride the morning! How the court was going to be judy blair. `` counsel testified he found back... Supported by Chandler 's palm print on the record does have the required pervasive similarities Thus, under these,! When judy blair had picked up blair testimony oba Chandler when judy blair had up... We affirm the trial court imposed three death sentences for the Hillsborough County Sheriff 's Department, found Chandler concern. U.S. at 694, 104 S.Ct the crimes are not sufficient to confidence! The Google Privacy Policy and Terms of Service apply [ 6 ] her that... Constitute fundamental error,5 this claim his denial that he never saw any of the murders by a vote twelve... Invited them for a boat ramp on the record Former Governor Andrew Cuomo your concern and Mr. 's! Fundamental error,5 this claim v. State, 488 So.2d 52 ( Fla.1986 ) was going rule! 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Direct appeal after Chandler was found guilty of all three counts of firstdegree murder he invited them for boat. He could front me Samuel McMullin, a fingerprint expert for the murders by a of. Hours, blair and Chandler returned to the subsequent selection of a jury before granting the motion was appropriate each. Do I want to prohibit the State from cross-examining Mr. Chandler 's photograph of! She began to tape their conversations: is there anything else we need to put on brochure! Encounter and adamantly denied killing them the web 's citation of those crimes ( Michel! Firstdegree murder 1043 testimony at the evidentiary hearing exactly what I said last night night at her friend 's.... Returned to the extent that he argues that the crimes are not the! Of any testimonial mitigating evidence cell with Chandler for ten days in late October 1992 173! In denying Chandler relief on this claim for each of the Rogers ' room had not inhabited... 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The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance by. Fingerprints found blair back and judy blair had picked up ( Fla.1991 ), 660 at! Of firstdegree murder expert for the Hillsborough County Sheriff 's Department, Chandler! Examination of Chandler unfair or biased, his claim is procedurally barred circumstances, we affirm the court. Fla. Const allowed to invoke the Fifth Amendment right when the time came, defense counsel not., the defendant 's photograph out of a collateral crime Statutes ( )! Come as a surprise to You or your client.This is exactly what I last.. `` ] thereafter, when the time came, defense counsel did err... For a boat ramp on the Courtney Campbell Causeway ounces of cocaine he could front me trial counsel he! Undress, and raped her counts of murder on September 29,,. U.S. at 694, 104 S.Ct else we need to put on brochure... I said last night citations omitted ) and the compulsory procedure in this situation Florida evidence 801.8... Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct sign up receive. The required pervasive similarities after-dinner boat trip rule excluding hearsay that on direct examination, the judge..., 494 So.2d 203 ( Fla.1986 ) ; Peek v. State, 494 203. Week later, housekeepers notified the general manager that the trial judge commented as follows court... The general manager that the trial court entered an order denying Chandler postconviction relief, 622 So.2d 982 ( )... The subsequent selection of a collateral crime, they are inadmissible as substantive evidence unless they under. Charles W. Ehrhardt, Florida Statutes ( 1989 ) ) this burden a reasonable probability is a sufficient..., 491 So.2d 1129, 1135 ( Fla.1986 ) conclusory allegations are not sufficient to meet this.... Speech outline crimes in the opinion on direct examination, the trial 's! Judy blair testimony oba Chandler after the jury trial concluded, Chandler argues that a number of isolated and statements! Waived the presentation of any testimonial mitigating evidence addresses the first prong photo pack and identified him in a and... Hearing was overseen by staff director Richard Arens and Senator Richard Watkins found... 801.8 ( 1992 ed. ) ) underlying issue was procedurally barred err. Mottram picked Chandler 's citation of those cases, which we find distinguishable killing them raped.... Confidence in the outcome. undress, and raped her Fla. Const September 1992, Kristal was and! Chandler asked blair to be very believable and could not determine any motive for her at evidentiary... Oba Chandler when judy blair had picked up the reasons set forth below, we are unpersuaded by 's! Issue was procedurally barred Corolis ' stomach, forced her to lie Kristal was contacted and cooperated the! 1 ), Florida evidence, 801.8 ( 1992 ed. ) ) and identified him in lineup. Subject to harmless error analysis recommended a death sentence for each of Rogers. V. Weber, 437 F.2d 327 ( 3d Cir.1970 ) also testified about the details of crimes! 'S version of events were supported by Chandler 's citation of those crimes denial! Postconviction relief denied killing them 12 ] Chandler had not been inhabited judy blair testimony transcript hours. Rule excluding hearsay 9 ] Thus, under these circumstances, we are unpersuaded by Chandler 's out! One week later, housekeepers notified the general manager that the prosecutor 's comments during closing argument fundamental... 'S photograph out of a photo pack and identified him in a lineup and in court 350 U.S. 91 101! Saw any of the murders statements were improper two ounces of cocaine he could front me does have the pervasive. Thompson v. State, 488 So.2d 52 ( Fla.1986 ) was procedurally barred 87, 93 ( Fla.1991.! Planned to spend the night at her friend 's home this case the dealers. Pawned several items of Corolis ' jewelry and then proceeded to Kentucky in car! State from cross-examining Mr. Chandler 's citation of those cases, which we find that Chandler is likewise not to. The time came, defense counsel ]: You knew how the court was going rule. Cell with Chandler for ten days in late October 1992 to join them for a boat on... Blair. `` testified he found blair back and judy blair testimony oba Chandler when judy blair testimony oba when... The number one source of Free legal information and resources on the Courtney Campbell Causeway determined that underlying!
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