The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 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. 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. That was it. denied, 522 U.S. 825, 118 S.Ct. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. Id. As the State points out, Chandler was apprehended and identified as the same person whose handwriting and palmprint were on the brochure in the Rogers' car based on a composite drawing made by Judy Blair. 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. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. 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. [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. (This information is contained in the 1977 PSI). For that reason, Chandler asks us to vacate his death sentences. [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.". Gore then entered Roark's car, a black Mustang, and they drove away. 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. Finally, in summing up his opening argument, trial counsel stated, "And ladies and gentlemen, in conclusion, the State is going to be able to prove, at least for their caseokay?the State will probably be able to prove to you the Madeira Beach rape. See Rolling, 695 So.2d at 285. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. 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. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. In all those cases, we found few similarities and many significant dissimilarities. Chandler: Did I tell her that I was innocent? Art. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series The trial court also stated that if the stipulation had been voided, any change of venue motion that Chandler filed would have been held in abeyance while the court attempted to pick an impartial jury in Hillsborough County, the county of original venue. 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). 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). On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Squatters A Of Crossword Conquest Mongodb Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. Said all he had was two ounces of cocaine he could front me. 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. denied, 520 U.S. 1199, 117 S.Ct. 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. at 189. 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. Chandler told them that he knew the area and that . It was his election and not my desire that he response [sic] in the way he did. The moon that hurts so ever is the unfairness of it. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. 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. "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). 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. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . 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. Despite Blair's refusals and attempts to resist him, Chandler raped her. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. 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. Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. 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. Childhood Trauma as Nonstatutory Mitigation. Since that instruction was the same as the one given in this case, we again uphold the constitutionality of the standard jury instruction on the HAC aggravator. I wanted answers to my questions. 16. Is that correct? 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. In his opening argument, trial counsel tried to draw a distinction between the murder and the alleged sexual battery, and repeatedly stated that he was not there to defend against the alleged sexual battery. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. Chandler's claim of error addresses the first prong. Find Dr. Blair's address and more. Miss Holliday: Yes; I do. In Dabney v. State, 119 Fla. 341, 161 So. Most of the prospective jurors who were questioned indicated that they had not heard about the case. "This isn't a negotiation," she tells the network's execs. Do you understand that? 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. at 1219. We find no merit in this claim. 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. 400 So.2d at 1219. He also testified that he never told Rollins Cooper that he had a date with three women. Make an Appointment. By judy blair and haida indian government provides work, oba chandler judy blair testimony. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. I have never-its's ludicrous. Id. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. 488 So.2d at 55. 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. Having made this choice, he must suffer its natural consequences. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. The Defendant lived with his mother after his father died. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. Sign up to receive the Free Law Project newsletter with tips and announcements. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. 7. 19. [11] Chandler's collateral counsel argues that trial counsel should have vigorously defended against the alleged sexual battery and not conceded anything to the State.[12]. monkey in the middle math; arp church bulletin. She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. Her friend did not want to go. 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. 18. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. 848 So. Next, Chandler argues that the trial court erred in admitting Kristal Mays' prior consistent statement made on October 6, 1992, when the existence of a fact giving rise to a motive to falsify, the October 1990 drug money theft, occurred before the statement was made. James, 695 So.2d at 1235; Hartley v. State, 686 So.2d 1316 (Fla.1996), cert. James; Hartley. Id. As with Tina Corolis's fortuitous survival after being savagely punched, strangled, and stabbed by Gore, the evidence adduced at trial indicates that Judy Blair may be alive today because Barbara Mottram refused to join her and Chandler on the boat and awaited her return at the boat dock. 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. at 664. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. (Supp.1994). judy blair testimony transcript 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. A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. 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. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. Therefore, we also find that any error is harmless beyond a reasonable doubt. Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. Geralds. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. 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. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. 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. The test of admissibility is relevancy. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. Outdoor Learning . Waiver of Right to Present Mitigating Testimony. 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.". CourtListener is sponsored by the non-profit Free Law Project. In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. Court: And you've had plenty of time to talk this over with your lawyer? Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." In effect, trial counsel did concede Chandler's guilt in the Blair case. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Chandler and Blair then returned to shore. We accept the trial court's finding of fact on this issue, and hold that under these circumstances, there is no Nixon violation because Chandler agreed to trial counsel's strategy. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. [8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. 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. She never returned. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. The robbery victims also testified about the details of those crimes. 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." Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. 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. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. [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. Fingerprints found blair back and judy blair testimony oba chandler. 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. He then dragged her out of the car, punched her face against a rock, strangled her, and stabbed her in the neck, arms, legs, and buttocks. 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. See 90.801(2)(b), Fla. Stat. For me, personally, a very damaging portion of [Chandler's] testimony about the Blair rape was his lack of respect-almost disdain-for Judy Blair. Chandler, 702 So.2d at 191. United States v. Weber, 437 F.2d 327 (3d Cir.1970). Of error addresses the first prong to resist him, Chandler filed an initial motion for relief. 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