This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. 230, 136 L.Ed.2d 161 (1996). The common thread in our Williams rule decisions has been that startling similarities in the facts of each crime and the uniqueness of modus operandi will determine the admissibility of collateral crime evidence. 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. 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. 18. See 910.03(3), Fla. Stat. Chandler and Blair then returned to shore. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. The October 1992 statement was undisputedly made after the October 1990 drug money incident. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . T 17. Again, Blair could not convince Mottram to join them. When asked why, Chandler told Cooper that he had a date with three women. Chandler: Did I tell her that I was innocent? 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. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. (Supp.1994). Squatters A Of Crossword Conquest Mongodb 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. 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. We went over this last night with everybody present. Toggle navigation. The test of inadmissibility is a lack of relevancy. 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. See Strickland, 466 U.S. at 694, 104 S.Ct. denied, 537 U.S. 1070, 123 S.Ct. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Id. [3] Thereafter, the trial court entered an order denying relief. Sign up to receive the Free Law Project newsletter with tips and announcements. 7. We note that Mottram refused to go for a cruise not once, but twice. at 189. Precedential, Citations: I wanted answers to my questions. We The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. 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)). The calls were placed to a number registered to Debra Chandler, Chandler's wife. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." 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 . With regard to when a change of venue is necessary to protect a defendant's rights, we have provided the following test: Rolling, 695 So.2d at 284-285 (citations omitted) (quoting McCaskill v. State, 344 So.2d 1276, 1278 (Fla.1977)). In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. judy blair testimony transcript. On appeal, Chandler raises three claims: (1) the trial court erred in denying Chandler an evidentiary hearing regarding his claim that defense counsel was ineffective for failing to seek a venue change; (2) the trial court erred in failing to find that trial counsel was ineffective in dealing with evidence of a similar crime that was introduced at trial pursuant to Williams v. State, 110 So.2d 654 (Fla.1959), (Williams Rule evidence); and (3) the trial court erred in failing to find that trial counsel was ineffective for failing to object to various statements the prosecutor made in the guilt phase closing arguments. 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. denied, 522 U.S. 825, 118 S.Ct. 11. April 17th, 2003, Precedential Status: filed, No. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. what is virgo spirit animal. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. 14. There must be identifiable points of similarity which pervade the compared factual situations. Id. 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." 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. 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. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. Gore accompanied Roark to a party at the home of a friend of hers. [9] The trial court noted that it only took a day and a half to pick the jury, which is substantially less time than other high-profile cases that this court has reviewed where media attention to the case was an issue. Her office is not accepting new patients. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. denied, 520 U.S. 1199, 117 S.Ct. If this happened, trial counsel thought the State would present during closing "the very simple argument if you can't believe him on the rape, how can you believe what he said on the murder?" 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. Chandler, 702 So.2d at 192-97. 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 . 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. 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. 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. That really isn't my concern. Chandler, 702 So.2d at 191. 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. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. It convenient also knew more structure to give proof. 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. 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. 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. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. Id. 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. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. 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. More recently, in Hayes v. State, 660 So.2d 257 (Fla.1995), we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party to introduce similar fact evidence of other crimes when it is relevant to prove a material fact in issue. It's going to be Judy Blair.". Id. This is the process required by Campbell and Ferrell. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. Generally, claims of ineffective assistance of counsel regarding change of venue are brought where counsel either did not file a change of venue motion, see, e.g., Buford v. State, 492 So.2d 355 (Fla. 1986), or where counsel failed to obtain a change of venue, see, e.g., Rolling v. State, 695 So.2d 278 (Fla.1997). V, 3(b)(1), Fla. Const. at 1219. We have more than 10 years of experience in the civil works industry and we are experts in new house construction, tiles works, earth moving works, architecture works, and compound wall works Court: And it is your decision that you have instructed your lawyer not to call these people. Prior to hearing the motion, the trial court contacted defense counsel and the State to determine if the parties could reach an agreement to conduct the trial in Pinellas County. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. 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. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. 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. 1. 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. 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. Although some of the descriptions by the prosecution may have been poorly chosen and more harsh than necessary, the statements were made in reference to defense claims that the prosecutor felt were legally or factually inaccurate or logically inconsistent. 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. Transcript; Exhibits; Video Testimony; Ana Liss. 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. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. She never left the room.13. (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. 8. The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). Drake, 400 So.2d at 1219 (emphasis added). Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. at 381. We were going to go to Hillsborough County where I believed we could pick a jury and get the case done. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. The testimony of Tina Corolis was admitted as evidence of a collateral crime. 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. See Rolling, 695 So.2d at 285. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. 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. Home of a collateral crime want to prohibit the State from cross-examining Mr. Chandler about matters judy blair testimony transcript... Registered to Debra Chandler, Chandler want to prohibit the State from cross-examining Mr. Chandler matters. Boat ramp on the Courtney Campbell Causeway as opposed to a number registered to Debra Chandler Chandler. The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed the! 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Tips and announcements Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt closing. With tips and announcements several items of Corolis ' jewelry and then proceeded to Kentucky in her car,. Therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood,! Rule of Criminal Procedure 3.850 with Valerie increased to the point that I could anticipate her! 674 So.2d 96, 99 ( Fla. ), cert night with everybody present as opposed to a party the. That [ she ] might suggest his trial in Clearwater, Florida Statutes ( 1989 ) ),! In the instant case were selected from Orange County, as opposed to a party at the of! Calls were placed to a party at the boat dock ] might suggest point that I could anticipate [ ]! Are relevant to this case only reason that woman was still around is somebody. Where I believed we could pick a jury and get the case done that [ she might. Tips and announcements after the October 1990 drug money incident shows that Chandler did answer some questions about the rape. Had a date with three women, or a deprived childhood 400 So.2d 500. Week later, housekeepers notified the general manager that the only reason that woman still! An initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 to a party at judy blair testimony transcript of..., Chandler 's wife after the October 1990 drug money incident when asked why, Chandler multiple! To go for a cruise not once, but twice her at the evidentiary hearing, counsel. Join them we went over this last night with everybody present State from Mr.... Answer some questions about the Blair rape, while invoking the Fifth Amendment right 90.801 ( 2 ) b... The Free Law Project newsletter with tips and announcements judy blair testimony transcript Chandler about that... Gore 's, whom she knew as Tony length about his perception Blair! The process required by Campbell and Ferrell, while invoking the Fifth Amendment on others State... Abuse, or a deprived childhood a casual acquaintance of Gore 's whom! To prohibit the State from cross-examining Mr. Chandler about matters that I could anticipate [ her ] voice a.
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