She stated that she mentioned her father's statements during the general course of her conversation with Valerie and that their conversation occurred in 1989, approximately one year prior to the October 1990 drug incident. [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. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. Mays had testified to these issues during the State's case-in-chief. 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. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. See Rolling, 695 So.2d at 285. Kristal testified on direct examination:And then he said that he couldn't go back to Florida because the police were looking for him because he killed some womenProsecutor: He indicated he had killed women?Kristal: Yes.Of course, as noted earlier in the opinion, Chandler testified that he told Kristal that he was innocent of the murders and the rape. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. She was upset and told Rick to call the police and report that Chandler put a gun on him.. And, again, I ask you to keep that separate." Blair had been with her friend . Fingerprints found blair back and judy blair testimony oba chandler. April 17th, 2003, Precedential Status: He put the knife to Corolis' stomach, forced her to undress, and raped her. The note read, Turn right. 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"). From Free Law Project, a 501(c)(3) non-profit. Gore had planned to travel to Florida with a friend from Cleveland. 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. It's going to be Judy Blair.". 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. 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) He also responded that he had discussed those favorable things with Chandler. 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. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. 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. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. 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. Gore arrived in Tampa on January 31, driving a black Mustang. 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. 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. Id. Copyright 2023, Thomson Reuters. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? He also testified that he never told Rollins Cooper that he had a date with three women. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. At that point, the trial judge commented as follows: Court: Okay. That puts Mr. Chandler in a tough dilemma. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. The following day Roark's grandmother reported her missing. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. Stay up-to-date with how the law affects your life. Transcript; Exhibits; Virginia Limmiatis. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. She gave a sworn statement to the state attorney's office on October 6, 1992. 158, 100 L.Ed. 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. 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. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. 5 (1 rating) Leave a review. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. 1535, 140 L.Ed.2d 685 (1998). Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. [1] Following a Huff[2] hearing, an evidentiary hearing was held on November 2, 2000. When asked why, Chandler told Cooper that he had a date with three women. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). 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). Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. In effect, trial counsel did concede Chandler's guilt in the Blair case. 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. 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." The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. 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. After boating for several hours, Blair and Chandler returned to the dock. Is that correct? It convenient also knew more structure to give proof. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo Gore accompanied Roark to a party at the home of a friend of hers. 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. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. Before hearing Chandler's change of venue motion, the trial court informed the parties that if a stipulation could be entered wherein Chandler would elect Pinellas County over Hillsborough County, the *1035 court would agree to select the jury in Orange County and return the jurors to Pinellas County, where they would be sequestered during trial. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. (Emphasis added.) However, our review of the trial court's order and the record from the evidentiary hearing demonstrates that trial counsel's *1041 performance in this case was not deficient under Strickland. 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. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Chandler, 702 So.2d at 191. 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). 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. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. The test of admissibility is relevancy. (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. [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.". During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." 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. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." This Court stated that "[b]ecause none of these prosecutorial comments would have constituted reversible error had they been objected to at trial, we affirm the trial court ruling summarily denying this claim." It was his election and not my desire that he response [sic] in the way he did. 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 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. [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. We find no merit in this claim. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. Waiver of Right to Present Mitigating Testimony. (This information is contained in the 1977 PSI). 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. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. filed, No. Divorce filed Akron Common Pleas Court Page 5 of 11. . 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. We find that the Corolis crime does have the required pervasive similarities. 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. That really isn't my concern. 6. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. 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. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. Judy Mogul. 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. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Thus, Chandler is not entitled to relief on this claim. See 910.03(3), Fla. Stat. 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. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband Testimony submitted for Hearing on Proposed Amendments to the Federal Rules of Evidence (pdf) Virtual - January 27, 2023 2021-2022 Comment Period Witnesses, Transcripts and Testimony Transcript of Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022 List of Witnesses for Evidence Rules Public Hearing (pdf) Virtual - January 21, 2022
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