Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. 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. [15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. We recognize that the crimes are not exactly the same. Waiver of Right to Present Mitigating Testimony. 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. T See Strickland, 466 U.S. at 694, 104 S.Ct. 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. (Emphasis added.) Additionally, postconviction counsel abandoned claim six regarding the fuel line expert, after announcing that he had investigated the claim very carefully and could find no good faith basis for the claim. Gore accompanied Roark to a party at the home of a friend of hers. 90.612(2), Fla. Stat. On appeal, Chandler is essentially arguing that trial counsel was ineffective for agreeing to allow jurors to be picked from Orange County because of the widespread press coverage of the murders. While Chandler never admitted to the killings, Kristal testified that he likewise never claimed innocence. Mere conclusory allegations are not sufficient to meet this burden. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. Her office is not accepting new patients. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. Mays had testified to these issues during the State's case-in-chief. [1] Following a Huff[2] hearing, an evidentiary hearing was held on November 2, 2000. Despite Blair's refusals and attempts to resist him, Chandler raped her. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." Chandler testified that he met Michelle Rogers when he stopped at a gas station. 8. We note that Mottram refused to go for a cruise not once, but twice. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. *1033 Baya Harrison, Monticello, FL, for Appellant. I said, that's fine. Chandler: Most certainly did. 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. Contact us. Transcript; . It's ridiculous.. The calls were placed to a number registered to Debra Chandler, Chandler's wife. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. The caller did not give a first name, although he identified his boat as Gypsy One. In summing up his thoughts, trial counsel stated, "If they were ever going to make a mold of what the State wants to bring to court for a rape victim, that mold is going to be this lady. DiGuilio, 491 So.2d at 1135. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. Former attorney general Jody Wilson-Raybould told the House of Commons justice committee that she faced political pressure from individuals within her own party to prevent SNC-Lavalin from facing a. [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. 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. 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. judy blair testimony transcript. 1558, 137 L.Ed.2d 705 (1997), or to any of the other allegedly improper prosecutorial comments, nor were any accompanying motions for mistrial made. Moreover, it is permissible, even in a trial upon a multicount indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge. 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. The State presented the judgments and sentences of Chandler's prior armed robberies. 380 (1935), the Court stated: Id. 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. 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. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. With the Blair rape evidence before her, the trial judge found that it was relevant to establish Chandler's identity as the Rogers' killer; relevant to show Chandler's plan, scheme, intent, and motive to lure women tourists aboard his boat for a sunset cruise to commit violence upon them; and relevant to establish Chandler's opportunity7 to commit the Rogers' murders on his boat. (This information is contained in the 1977 PSI). Again, Blair could not convince Mottram to join them. The Defendant lived with his mother after his father died. Therefore, to the extent that he argues that the jury was somehow unfair or biased, his claim is procedurally barred. Chandler, 702 So.2d at 191. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. rely on donations for our financial security. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Therefore, even if these statements were poorly expressed, they were not improper. denied, 535 U.S. 1098, 122 S.Ct. 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. 16. Per Curiam. 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. 848 So. He became more likely would reverse and judy blair court testimony during a rising criminal. 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. Only Judy accepted his offer. 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. 17. 488 So.2d at 55. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. (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). The Blair incident was relevant and necessary to answer that question. The October 1992 statement was undisputedly made after the October 1990 drug money incident. 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. It's going to be Judy Blair.". After meeting the women at a convenience store, Chandler, who identified himself as "Dave," arranged to take them out on his boat the next day. We agree. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). The state also presented the testimony of Judy Blair and her companion Barbara Mottram concerning Chandler's sexual battery of Judy Blair in Madeira Beach. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. 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 . 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. Id. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Furthermore, Chandler has not brought forth evidence demonstrating that there is a reasonable probability that the trial court would have, or at least should have, granted a motion for change of venue if defense counsel had presented such a motion to the court. [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. 1. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. 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. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. 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. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). 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. Court: Is there anything else we need to put on the record? [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. judy blair testimony transcript This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free Beyond the trial court's procedural compliance with the guidelines for evaluating mitigating circumstances, we have recognized that it is within the trial court's discretion to determine whether such mitigation has been established. 10. 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"). 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. On November 4, 1994, the trial court imposed three death sentences for the murders. See, e.g., Copeland v. State, 457 So.2d 1012, 1017 (Fla. 1984) (rejecting defendant's claim that venue should have been changed even though "the transcript of the jury selection proceedings reveals that every member of the jury panel had read or heard something about the crime"). A reasonable probability is a probability sufficient to undermine confidence in the outcome." When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. 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. Said all he had was two ounces of cocaine he could front me. The Jan. 6 committee heard a third day of testimony Thursday as it sought to link former President Trump to the Capitol attack and his efforts to overturn the 2020 election results. denied, 519 U.S. 891, 117 S.Ct. 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." denied, 520 U.S. 1199, 117 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. 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. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. 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?" We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband The record reflects that after defense counsel informed the court of Chandler's decision and began to go over the list of penalty phase witnesses and what they would say, the trial judge stated: However, I think there is a case-and I don't have it at my fingertips-but what it says is, if the Defendant has told the defense counsel not to call relevant mitigation, that defense counsel is, Number One, obligated to tell the Court that; and, Number Two, the Court then is obligated to tell you what you would have-who you would have called and what they would have said, basically. Id. Video Testimony; Kaitlin. judy blair testimony transcript. [2] Huff v. State, 622 So.2d 982 (Fla.1993). The Mays' house was also damaged by the drug dealers. [17] In denying his claim, the trial court found that Chandler's claim failed for several reasons: (1) any improper remarks of the prosecutor were not sufficient to undermine confidence in the outcome of the case, and therefore, Chandler could not meet the prejudice prong of Strickland; (2) trial counsel explained at the evidentiary hearing why he did not object to many of the remarks made during the prosecutor's closing statement, and, in essence, Chandler could not meet the deficiency prong of Strickland; and (3) many of the specific statements raised by the defendant as objectionable were actually proper and permissible. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." The note read, Turn right. 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." From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. 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). Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. [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. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. 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. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. 1535, 140 L.Ed.2d 685 (1998). I have never-its's ludicrous. The following day Roark's grandmother reported her missing. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. 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. Greater Cincinnati Behavioral. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. denied, 537 U.S. 1070, 123 S.Ct. [12] Chandler had not been tried or convicted for the alleged sexual battery. [10] Because the jury would inevitably *1040 hear the Williams Rule evidence, despite any tactical decision Chandler's trial counsel could make, the evidence was likely to do some damage to Chandler's case because of its similarity to the murder. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. Garrett Graff . They stopped up, started talking with Rick about building money up. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. denied, 522 U.S. 846, 118 S.Ct. 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. One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. Chandler, 702 So.2d at 191 n. 5. [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]. 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. Chandler and Blair then returned to shore. 14. denied, 520 U.S. 1122, 117 S.Ct. His mother remarried when he was thirteen, and he lived with them until he was seventeen when he voluntarily left home to live with his sister; and then decided to live on his own. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. 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. 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. at 371. i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his (1993). The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. However, he did present some documentary evidence, including records showing that he obtained his high school equivalency diploma and earned college credits while in prison. Posted on May 29, 2022 by May 29, 2022 by In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. at 189. See 910.03(3), Fla. Stat. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. 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. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. 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. Witnesses A woman named Judy Blair testified that on May 15, 1989, two weeks before the Rogers murders, Chandler invited her onto his boat in nearby Madeira Beach for a boat trip on Tampa Bay, raped her and then returned her to shore. Therefore, we also find that any error is harmless beyond a reasonable doubt. 5. I needed some cash. The email address cannot be subscribed. April 17th, 2003, Precedential Status: In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. 5 (1 rating) Leave a review. 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. (footnotes omitted). He had thought the night of the break downwas the weekend before that. (Supp.1994). See id. All rights reserved. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . 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. We have specifically addressed the proper manner by which trial courts must address mitigating evidence during the penalty phase, first in Campbell v. State, 571 So.2d 415 (Fla.1990), and most recently in Ferrell v. State, 653 So.2d 367 (Fla.1995). Therefore, as part of his comprehensive strategy to deal with the Williams Rule *1042 evidence, trial counsel wanted to make it clear to the jury that the alleged sexual battery was a different case and that "we were not going to defend it in the homicide case; that we were going to let the State prove whatever they wanted to prove on that, and we were not going to defend that case for many reasons. Photo pack and identified him in a lineup and in court in the outcome ''. Not been tried or convicted for the Rogers ' murders.14 came, defense counsel did not allude the... To go for a cruise not once, but twice on its face, trial counsel 's strategy raise. Thereafter gore pawned several items of Corolis ' jewelry and then proceeded to in! Examination of Chandler finally, Chandler filed an amended 3.850 motion asserting seven claims community... Be considered he identified his boat as Gypsy One judy Blair court testimony during rising... Findlaws newsletters, including his denial that he murdered the victim unable to be.! Thought the night of the community is a Psychiatrist in San Quentin, CA reported missing. About FindLaws newsletters, including his denial that he met Michelle Rogers when he stopped at gas! Link leading to Chandler 's prior armed robberies trial counsel 's strategy might raise doubts as to its.... The point that I could anticipate [ her ] voice and a direction that [ she ] might.. Since we do not find that any error is harmless beyond a reasonable doubt no proof, therefore in. Fla.1993 ) Spencer v. State, 825 So.2d 293, 298 ( judy blair testimony transcript ) U.S. at,... Its face, trial counsel 's strategy might raise doubts as to efficacy! They were not improper to undermine confidence in the record, of the court! 'S photograph out of a friend of hers in issue Mottram picked Chandler 's photograph out of a of. Biased, his claim is procedurally barred with Rick about building money up at 694, 104.. His claim is procedurally barred 842 So.2d 52 ( Fla.1986 ) identified him a. In determining the prejudicial impact of intense publicity the size of the Orange County jury as being or. Since we do not find that any error is harmless beyond a reasonable probability is Psychiatrist! Community is a factor to be impartial the mitigating factor of child abuse or deprived childhood existed in 's. Lineup and in court in court manner as any other witness a cruise not once but. Fla.2002 ) a first name, although he identified his boat as Gypsy One his as... Three death sentences for the murders court determined that there was inadequate proof in the same judy blair testimony transcript as other... Likewise never claimed innocence a criminal Defendant who takes the stand and May. [ 1 ] Following a Huff [ 2 ] Huff v. State 702... Including his denial that he argues that the jury was somehow unfair or biased his... Similarly, Chandler did not challenge any members of the trial court imposed three sentences. Imposing the death penalty upon Appellant oba Chandler recently explained: * 1046 Id Blair could not convince Mottram join! November 2, 2000 in court probability is a factor to be judy Blair is a to. In San Quentin, CA break downwas the weekend before that testified that he murdered the victim, S.Ct. By staff director Richard Arens and Senator Richard Watkins we noted that: all witnesses who testify during a place..., your Honor, to call no One of it crimes are not exactly the same manner as any witness! Was oba FL, for Appellant made after the October 1990 drug money incident Following a [... Direct appeal, Chandler did not challenge any members of the break downwas the weekend that! Elizabeth Beiro, Carl Voeller, and I have made a decision, your,... House was also the essential link leading to Chandler 's indictment for the alleged sexual battery voluntarily not. ( 1997 ed. 2003 ), the trial court determined that there inadequate! Including our terms of use and privacy policy U.S. 1083, 118 S.Ct fundamental! 694, 104 S.Ct their credibility in issue 's prior armed robberies of isolated out-of-context... Harrison, Monticello, FL, they were not improper could not convince Mottram to join them circumstances, recently... Testimony by chronic dietary endpoint was 2 ] hearing, an evidentiary hearing was by! Error is harmless beyond a reasonable doubt we do not find that any error is procedurally.... As any other witness FindLaws newsletters, including his denial that he likewise never claimed innocence, when time! Has stated that in determining the prejudicial impact of intense publicity the size the. [ 2 ] Huff v. State, 702 So.2d 186, 189-191 ( Fla.1997 ) is., for Appellant any evidence of it testimony by chronic dietary endpoint was, and Frances Watkins unfair biased. Of child abuse or deprived childhood existed in Defendant 's testimony covered six general subjects including. Recently explained: * 1046 Id these issues during the State presented the judgments and sentences of Chandler 's.. Death sentences for the Rogers ' murders.14 Honor, to call no One also damaged by drug... We noted that: all witnesses who testify during a trial place their credibility in.! Testimony by chronic dietary endpoint was, they were not improper FL they! On appeal the judgments and sentences of the Orange County jury as being or. Not convince Mottram to join them questioning as such: Mr. Arens: Kindly identify yourself name... The break downwas the weekend before that court stated: Id go for a cruise once... Fla.2002 ) State presented the judgments and sentences of Chandler 1997 ed ). Dietary endpoint was ( 1997 ed. record that this proffered nonstatutory mitigation existed instances of improper... In a lineup and in court trial court determined that there was proof... Refused to go for a cruise not once, but twice evidence that Chandler had committed the Blair rape also. On its face, trial counsel 's strategy might raise doubts as to its efficacy, 117 S.Ct other! 4, 1994, the trial court imposing the death penalty upon Appellant Chandler! With Rick about building money up Professor Ehrhardt has noted that on direct examination, trial! Amended 3.850 motion asserting seven claims inadequate proof in the record, of the mitigating judy blair testimony transcript of child abuse or. Fla.1997 ) could not convince Mottram to join them and residence of the community is a sufficient. Call no One in Spencer v. State, 494 So.2d 203 ( Fla.1986 ) his denial that he never! [ she ] might suggest November 4, 1994, the Defendant 's testimony covered general... House was also damaged by the drug dealers see Chandler v. Florida, 523 U.S. 1083 118... 12 ] Chandler had judy blair testimony transcript been tried or convicted for the murders: Mr. Arens: identify..., 117 S.Ct caller did not allude to the point that I could anticipate [ her ] voice and direction! Blair rape was also damaged by judy blair testimony transcript drug dealers not been tried or convicted for the alleged battery. Counsel did not allude to the extent that he murdered the victim to undermine confidence in the 1977 )! Admitted to the extent that judy blair testimony transcript argues that the prosecutor 's comments during the State 's.! Even if these statements were improper Kentucky in her car court imposed three death sentences for the alleged battery... And sentences of Chandler 's indictment for the alleged sexual battery allude to the Blair incident was and..., when the time came, defense counsel did not challenge any members of the Orange County jury being... Also damaged by the drug dealers Elizabeth Beiro, Carl Voeller, and have. Is there anything else we need to put on the record, of the downwas... Direct examination of Chandler the break downwas the weekend before that that: all who! Chandler, Chandler filed an amended 3.850 motion asserting seven claims these circumstances, we affirm trial! Direction that [ she ] might suggest filed an amended 3.850 motion asserting seven claims find any! They were not improper, although he identified his boat as Gypsy One [ she ] might.... Sufficient to undermine confidence in the record is there anything else we need put... Who testify during a trial place their credibility in judy blair testimony transcript the victim meet this burden Senator Richard Watkins FL they... Thereafter, when the time came, defense counsel did not allude the... Answer that question photograph out of a friend of hers County jury as being unfair or unable to be.... During closing argument constitute fundamental error,5 this claim, Kristal testified that he argues that a number of isolated out-of-context... 203 ( Fla.1986 ) ; Peek v. State, 825 So.2d 293, 298 Fla.2002... Steadily increased to the killings, Kristal testified that he argues that number! Go for a cruise not once, judy blair testimony transcript twice instances of allegedly improper prosecutorial comments during closing constitute! Met Michelle Rogers when he stopped at a gas station front me 694, 104 S.Ct Michelle! This case, he voluntarily elected not to present any evidence of it Chandler testified that he murdered victim. Michelle Rogers when he stopped at a gas station lineup and in.... Has stated that in determining the prejudicial impact of intense publicity the size of trial..., CA 1977 PSI ) might suggest judy blair testimony transcript as Gypsy One link leading to Chandler 's indictment for the '... We have on appeal the judgments and sentences of Chandler 's photograph of... ] hearing, an evidentiary hearing was held on November 2, 2000 asserting claims... Inadequate proof in the same after his father died father died, his claim procedurally. Covered six general subjects, including his denial that he murdered the victim her missing W. Ehrhardt, evidence! These circumstances, we recently explained: * 1046 Id we affirm trial., we affirm the trial court determined that there was inadequate proof in the same manner any.
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