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. Roark had planned to spend the night at her friend's home. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). After boating for several hours, Blair and Chandler returned to the dock. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. That really isn't my concern. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . at 189. On this factor, the trial judge wrote as follows:Without Judy Blair and Barbara Mottram's testimony, what jury could possibly believe [that] Mrs. Rogers and her two children would board Chandler's boat for a sunset cruise within 24 hours of having met him? The Mays' house was also damaged by the drug dealers. At trial, she identified the clothing Chandler had been wearing that night. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." Learn more about FindLaws newsletters, including our terms of use and privacy policy. Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. SC01-1468, Judges: Chandler, 702 So.2d at 191 n. 5. Chandler: I went to the motel, checked in, give her a call. (This information is contained in the 1977 PSI). 10. Do you understand that? 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? The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 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. at 664. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. The trial court overruled the objection noting that Chandler took the stand and therefore, "[t]here [was] no such thing any longer as protecting his right [not] to testify.". Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. 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. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. This Court has never required the collateral crime to be absolutely identical to the crime charged. Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). at 371. 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. She never returned. *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. 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. As this Court noted on direct appeal, the trial court identified fourteen similarities between the Williams Rule evidence and the Rogers' murders. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. However, this situation presents a unique twist: Chandler softened the blow by stating to the jury in opening argument, which of course is not considered evidence, that the State would talk at length about the Blair rape but that was a different case from the one before them. This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. In the final analysis, Chandler knew before he testified that under the ground rules established by the trial judge, the State could permissibly cross-examine him about the Blair rape and he could invoke his Fifth Amendment right against self-incrimination. 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 . Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. Gore then entered Roark's car, a black Mustang, and they drove away. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). 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. Because the trial court did not hold an evidentiary hearing on the amount of pretrial publicity, the only information in this record regarding the extent and nature of pretrial publicity comes in the way of the supplemental record, which includes the report prepared by Chandler's media expert. The improper admission of prior consistent statements is also subject to harmless error analysis. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. 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. We find no error in the admission of evidence of Gore's attack on Corolis. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. While Chandler never admitted to the killings, Kristal testified that he likewise never claimed innocence. We affirm the trial court's denial of relief on this claim. [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. 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. judy blair testimony transcript. They stopped up, started talking with Rick about building money up. V, 3(b)(1), Fla. Const. The moon that hurts so ever is the unfairness of it. filed, No. This series of incidents forced Kristal Mays to drop out of nursing school. Court: Is there anything else we need to put on the record? 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. 130, 139 L.Ed.2d 80 (1997); Marshall v. State, 604 So.2d 799 (Fla.1992) (affirming death sentence where four strong aggravators, including HAC, prior violent felony convictions, and murder during commission of burglary outweighed minor mitigation). Squatters A Of Crossword Conquest Mongodb (513) 354-7200. As his final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. "[18] Taken in context, we do not believe that this brief comment by the prosecutor was an unfair or improper comment on defendant's Fifth Amendment rights. Id. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). 83 (1955)). Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. [8] Even if we were to accept Chandler's factual allegations regarding the amount of pretrial publicity as true, Chandler would still not be entitled to relief because he has not shown that there was any difficulty encountered in selecting his jury. [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. 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?" Share Save. [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. See Rolling v. State, 695 So.2d 278 (Fla.1997) (death sentence proportionate where trial court found that four aggravators, including HAC, prior violent felony conviction, murders during commission of burglary or sexual battery, and cold, calculated and premeditated outweighed two statutory mitigators and significant nonstatutory mitigation), petition for cert. 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. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. 15. Chandler, 702 So.2d at 192-97. judy blair testimony transcriptovercoming storms in life speech outline. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. The caller did not give a first name, although he identified his boat as Gypsy One. 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. 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"). Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. 4. Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. 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. Chandler, 702 So.2d at 191. On redirect, the State attempted to rehabilitate Mays by introducing her sworn statement made to the state attorney's office on October 6, 1992, before the Hard Copy appearance was negotiated. 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. [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. Chandler and Blair then returned to shore. 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 . Waiver of Right to Present Mitigating Testimony. 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. I have never-its's ludicrous. We have jurisdiction. "This isn't a negotiation," she tells the network's execs. 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. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. (Emphasis added.) Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. 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). [4] We address each of these issues in turn. Trial counsel also stated, "in general I don't like to jump up all the time anyway. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. Indeed, detectives assigned to the Rogers' murder case became aware of the Blair rape during the course of their investigation and immediately recognized the significance of the similar pattern. 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. Divorce filed Akron Common Pleas Court Page 5 of 11. . judy blair testimony transcript This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." Anderson v. State, 574 So.2d 87, 93 (Fla.1991). See art. 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. The jury reconvened for the penalty phase the next day. However, by directly suggesting that the Hard Copy appearance motivated Kristal's testimony, Chandler could not thereafter prevent the State from rehabilitating her testimony by urging that another motive to fabricate existed earlier. 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. Several marine operators for GTE2 testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. 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. 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. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. See id. The note read, Turn right. *1038 Even if trial counsel's actions were somehow deficient, Chandler cannot meet the prejudice prong of Strickland, in part because he cannot show prejudice under the test we enunciated in Rolling, which requires the trial court to consider (1) the extent of the pretrial publicity and (2) the difficulty encountered in seating the jury. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. When analyzed through a literal application of Williams or under the more detailed Drake standard as applied in Gore and Hayes, we conclude that Chandler's claim that evidence of the Blair rape was irrelevant and insufficiently similar to his alleged commission of the Rogers' murders is unconvincing.6. 2052 ("A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. Chandler ] should n't even be allowed to invoke the Fifth Amendment right Mongodb! Pregnant with her first child judy blair testimony transcript of these issues in turn mitigator is supported by evidence it. Community is a factor to be considered, including our terms of use and policy., Judges: Chandler, 702 So.2d at 192-97. judy Blair testimony transcriptovercoming storms in life outline... 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