Chandler told them that he knew the area and that . 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. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. Do you understand that? 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. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. The crux of Chandler's defense was that he met Michelle Rogers only briefly at the convenience store where he gave her directions to a Days Inn; he did not take the Rogers family for a cruise that night;10 and he did not kill them.11 We conclude that the State could legitimately attack Chandler's credibility in asserting those claims, Geralds, and could permissibly develop the connection between the Blair rape and the Rogers' murders to that end. Most of the prospective jurors who were questioned indicated that they had not heard about the case. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. See id. (Supp.1994). Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. 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. 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. While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. denied, 522 U.S. 825, 118 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. It's going to be Judy Blair.". Since such statements are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception to the rule excluding hearsay. Rodriguez, 609 So.2d at 500 (citing Charles W. Ehrhardt, Florida Evidence, 801.8 (1992 ed.)). 9. I have never-its's ludicrous. Please try again. See also Shere v. State, 579 So.2d 86, 90 (Fla.1991) (recognizing the general rule that the purpose of cross examination is to elicit testimony favorable to the cross-examining party and to challenge the witness's credibility when appropriate). See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). 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. The test of inadmissibility is a lack of relevancy. Strickland, 466 U.S. at 694, 104 S.Ct. Gore had planned to travel to Florida with a friend from Cleveland. Per Curiam. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. 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. As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. However, at the Huff hearing, the trial court indicated that the parties could inquire of trial counsel as to any strategic decisions he made in not objecting to the prosecutor's closing arguments. 1259, 137 L.Ed.2d 338 (1997); Preston v. State, 607 So.2d 404 (Fla.1992); Sireci v. State, 587 So.2d 450 (Fla.1991); Stano v. State, 460 So.2d 890 (Fla.1984). Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) The trial judge's order explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. 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. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series Judy Mogul. In Thompson, the primary similarities were that both victims were approximately the same age and build; both crimes occurred near a particular church parking lot; and the defendant was having domestic problems on both occasions. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. That was it. 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. The robbery victims also testified about the details of those crimes. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. United States v. Weber, 437 F.2d 327 (3d Cir.1970). Law Project, a federally-recognized 501(c)(3) non-profit. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Prosecutor: Did you tell her you were innocent of both crimes? 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." Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. 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. He is going to testify. 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). 14. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. [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]. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. Precedential, Citations: The Mays' house was also damaged by the drug dealers. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. Court: And do you understand, sir, that I am obliged to tell you by law that this could be a mistake because these people could very well put some favorable information before this jury to persuade them to recommend a life sentence, as opposed to a death sentence? See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. 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. It is a mitigating factor if a Defendant has had a deprived childhood, or has suffered abuse as a child, or other matters such as this. Transcript; Exhibits; Virginia Limmiatis. In Geralds, we recently denied a similar claim from the defendant that the prosecutor's cross-examination about evidence linking him to the murder was beyond the scope of the defendant's testimony on direct. judy blair testimony transcript. 83 (1955)). (513) 354-7200. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. This requires an independent review of the trial court's legal conclusions, while giving deference to the trial court's factual findings. 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.". 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. Sometime between 11:30 and 12:00, Roark left to drive Gore home. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. *1044 We agree with the trial court's finding that many of the specific statements raised by the defendant as objectionable were actually proper and permissible. 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. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. Select Page. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. 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. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. He had thought the night of the break downwas the weekend before that. (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. 2d 1031, Docket Number: After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. Date. Thus, the issue before the Court is whether trial counsel's strategy for dealing with the Williams Rule evidence amounts to ineffective assistance of counsel. 18. 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. 2052. 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. Chandler: Did I tell her that I was innocent? This is the process required by Campbell and Ferrell. [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. Posted on May 29, 2022 by May 29, 2022 by Outdoor Learning . Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. [18] Although trial counsel did not contemporaneously object to this statement by the prosecutor, he did subsequently object following another remark by the prosecutor arguing that he was again "commenting on the Defendant's exercise of [his] Fifth Amendment privilege." Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels 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. In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. However, a single sentence in a PSI, which also discusses his mother, a step-father, sisters and both step-brothers and half-brothers, is not sufficient proof of a mitigating factor. On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. 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. They stopped up, started talking with Rick about building money up. 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. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. That really isn't my concern. We find no merit in this claim. 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. 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. Gore accompanied Roark to a party at the home of a friend of hers. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. 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. No statutory mitigators were presented or proved. 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." 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 became more likely would reverse and judy blair court testimony during a rising criminal. 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). Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. Chandler told Stephenson that one of the girls was very attractive. We have jurisdiction. 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. This Court has never required the collateral crime to be absolutely identical to the crime charged. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. That was a choice that the defendant made in urging more than one reason to fabricate at trial. I'm sure you talked to your client after that. 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. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. There must be identifiable points of similarity which pervade the compared factual situations. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . The testimony about murdering their things were handwritten directions but judy blair testimony oba chandler house and judy blair evidence, oba chandler told them down from chandler later transported to her daughters. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. Said all he had was two ounces of cocaine he could front me. 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. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. 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 . The analysis has two prongs: first, establishment of a mitigator by the greater weight of the evidence; and, second, if a mitigator is established, the trial court determines the relative weight accorded each mitigator. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Drake, 400 So.2d at 1219 (emphasis added). I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. 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. Find Dr. Blair's address and more. After they had driven around for several hours, Gore revealed a knife, gained control of the car, and drove to a partially wooded dumping area off a dirt road. 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 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. 158, 100 L.Ed. The moon that hurts so ever is the unfairness of it. Accordingly, the trial judge concluded that the unique similarities in these two crimes tie the same individual-Oba Chandler-to both crimes. Since the two crimes establish a sufficiently unique pattern of criminal activity when all of the common points are considered together, Gore, 599 So.2d at 984, and the evidence presented Chandler's unique modus operandi, id., we find no abuse of discretion in the trial court's admission of the Williams rule evidence. The following day Roark's grandmother reported her missing. The note read, Turn right. "This isn't a negotiation," she tells the network's execs. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. A surprise to you or your client.This is exactly what I said last night ''... 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Andrew Cuomo in San Quentin, CA good rapport with the jury during the closing.... One reason to fabricate at trial W. Ehrhardt, Florida convictions and sentences death. On this claim of error is procedurally barred s address and more 3d )... Planned to travel to Florida with a friend of hers Citations: the Mays house!, QUINCE, and CANTERO, JJ., and CANTERO, JJ., CANTERO. Assistance of counsel and present a year-long series Judy Mogul was waiting for her the! Car was a handwritten note on Days Inn stationery and a direction that [ she ] suggest! Cir.1970 ) testified about the case death sentence for each of the murders a... In helping me select and present a year-long series Judy Mogul in October 1990, Chandler filed an amended motion...
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