Fingerprints found blair back and judy blair testimony oba chandler. 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. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. 6. judy blair testimony transcript. Garrett Graff . The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test. The prosecutor's comment that Chandler never told his daughters or son-in-law that he was innocent was a fair characterization of the evidence, while his other comments about Chandler and his counsel were thoughtless and petty, e.g., counsel engaged in cowardly and despicable conduct and Chandler was malevolent a brutal rapist and conscienceless murderer, but not so prejudicial as to vitiate the entire trial. I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. 14. Sometime between 11:30 and 12:00, Roark left to drive Gore home. Mere conclusory allegations are not sufficient to meet this burden. Florida, Appellee. 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). In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . See id. We find that the Corolis crime does have the required pervasive similarities. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads 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. We agree with the State that the trial court did not err in admitting the prior consistent statement. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). 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. Rather, trial counsel conceded that the State could prove the crime associated with the Williams Rule evidence, drawing distinctions between the alleged sexual battery and the murders, in an attempt to show that even if the State could prove the alleged sexual battery, the evidence on the murders was weak. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. The Defendant lived with his mother after his father died. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. 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. (1993). She appeared before the committee on March 26, 1952, having just found out she was pregnant with her first child. At that point, the trial judge commented as follows: Court: Okay. William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. He became more likely would reverse and judy blair court testimony during a rising criminal. 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. 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 state also presented the testimony of Judy Blair and her companion Barbara Mottram concerning Chandler's sexual battery of Judy Blair in Madeira Beach. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. This Court has repeatedly stated that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct." That is what I would prefer. 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. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. [5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. "[Judy's] experience and advice served as important guidance in my first full year as board chair. It's going to be Judy Blair.". A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. judy blair testimony transcript. denied, 535 U.S. 1098, 122 S.Ct. Share Save. 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. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. We affirm the trial court's denial of relief on this claim. She never returned. In effect, trial counsel did concede Chandler's guilt in the Blair case. 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'. 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. April 17th, 2003, Precedential Status: However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. *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. Blair had been with her friend . Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. See Foster v. State, 778 So.2d 906, 913 (Fla.2000); Henyard v. State, 689 So.2d 239, 245 (Fla.1996); Davis v. State, 461 So.2d 67, 69 n. 1 (Fla.1984); Manning v. State, 378 So.2d 274, 276 (Fla.1979). Furthermore, the existence of pretrial publicity in a case does not necessarily lead to an inference of partiality or require a change of venue: Foster v. State, 778 So.2d 906, 913 (Fla. 2000); see Rolling, 695 So.2d at 285. Chandler's claim of error addresses the first prong. 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. The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. [4] In a notice of supplemental authority, Chandler asks this Court to take judicial notice of three cases: Ring v. Arizona, 534 U.S. 1103, 122 S.Ct. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. 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. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. 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. filed, No. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. 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. Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. We We find no merit in this claim. A mere general similarity will not render the similar facts legally relevant to show identity. We went over this last night with everybody present. 19. I'm sure you talked to your client after that. Chandler did not attack Blair until their second cruise, at night, and after Blair had another opportunity to ask Mottram if she would join them. We address the remaining issues in turn. 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. Show identity Stephens v. State, 825 So.2d 293, 298 ( Fla.2002 ) was inadequate proof in the case! 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