See Strickland, 466 U.S. at 694, 104 S.Ct. 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. We have jurisdiction. I have never-its's ludicrous. 2296, 152 L.Ed.2d 1054 (2002). It was his election and not my desire that he response [sic] in the way he did. 848 So. In order to prove an ineffective assistance of counsel claim, a defendant must establish two elements: Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. We were going to go to Hillsborough County where I believed we could pick a jury and get the case done. 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? Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. Thus, Chandler is not entitled to relief on this claim. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. 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. A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). The instant case is similar to Thompson v. State, 759 So.2d 650, 664 (Fla.2000), in which the defendant claimed defense counsel was ineffective for failing to object to several improper remarks by the prosecutor. Most of the prospective jurors who were questioned indicated that they had not heard about the case. Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. Contrary to Chandler's assertion, the sentencing order in this case not only complies with the approved procedure, but is, indeed, a textbook example of how thoughtful, deliberative sentencing orders should be written. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). 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. In James, we rejected the appellant's vagueness and overbreadth challenges since the HAC instruction given at trial was the same instruction approved in Hall v. State, 614 So.2d 473 (Fla.1993), wherein this Court found that neither the instruction nor the aggravator itself was unconstitutionally vague. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." 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. For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Garrett Graff . In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. See id. V, 3(b)(1), Fla. Const. After boating for several hours, Blair and Chandler returned to the dock. Contact us. 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). at 659-60. The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. 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. [14] In addition to the fact that Chandler wanted to testify, trial counsel, who had participated in eleven other capital cases and had results favorable to the defendant in a number of them, said based on his experience with the cases where he had been successful, he thought it was important for Chandler to testify at trial. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." Toggle navigation. The note read, Turn right. 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. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free In all those cases, we found few similarities and many significant dissimilarities. "[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. 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. In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. The common thread in our Williams rule decisions has been that startling similarities in the facts of each crime and the uniqueness of modus operandi will determine the admissibility of collateral crime evidence. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) 11. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. 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. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. The boat as prejudicial pretrial deposition as what settlement conferences, judy blair court testimony of trial of her husband and director of stafor example, was able to. Appellee's Answer Brief at 45. Id. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. Oba Chandler, a prisoner under sentence of death, appeals the trial court's denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. denied, 519 U.S. 891, 117 S.Ct. The Mays' house was also damaged by the drug dealers. 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. Id. 7. 15. All rights reserved. It's going to be Judy Blair.". Again, Blair could not convince Mottram to join them. Sometime between 11:30 and 12:00, Roark left to drive Gore home. No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. Although cross-examination is generally limited to the scope of the direct examination, the credibility of the witness is always a proper subject of cross-examination. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. 17. 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. [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." 657, 154 L.Ed.2d 556 (2002), and denied relief. 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. 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 . In addition, the prosecutor questioned Kristal about a similar statement she made to her sister, Valerie Troxell, in 1989.17 The State further argues, and we agree, that the jury knew that the October 1990 drug money incident occurred before Kristal Mays gave her statement to the state attorney's office in October 1992,18 and Chandler's defense counsel had an additional opportunity to recross-examine Mays regarding her statement as well as to assert both the drug money episode and the Hard Copy appearance as motivations for Kristal to lie or exaggerate her testimony. Sometime after Chandler's conviction on the murders, the State decided not to pursue charges associated with the alleged sexual battery. 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. We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. See Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)(stating that when allegedly improper prosecutorial comments are not preserved for appellate review, the whole claim is procedurally barred in absence of fundamental error). 9. I'm sure you talked to your client after that. Prior to hearing the motion, the trial court contacted defense counsel and the State to determine if the parties could reach an agreement to conduct the trial in Pinellas County. Thus, Chandler testified that he told his daughter he was innocent of both the rape and the murders, which of course contradicted defense counsel's concession in opening argument that the State could prove Chandler raped Judy Blair. 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. 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. Recognizing that Chandler was going to testify and wanted to testify, trial counsel said that it was critical that Chandler's credibility be preserved, but he testified that in his opinion, pitting Chandler's credibility against Blair's would have been "suicidal to his chances of winning the murder case." We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. This is the process required by Campbell and Ferrell. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. Squatters A Of Crossword Conquest Mongodb Learn more about FindLaws newsletters, including our terms of use and privacy policy. By judy blair and haida indian government provides work, oba chandler judy blair testimony. We agree. Chandler: Most certainly did. Because we find that Chandler's claim is refuted by the record, we agree that there was no need for an evidentiary hearing on the amount of pretrial publicity in the case. 14. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. at 193-94. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). Roark had planned to spend the night at her friend's home. A mere general similarity will not render the similar facts legally relevant to show identity. We note that Mottram refused to go for a cruise not once, but twice. 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. [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. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. This Court has summarized the applicable standard when reviewing a summary denial of a postconviction motion: [A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. As his last penalty phase issue, Chandler argues that the standard jury instruction on the heinous, atrocious, or cruel (HAC) aggravating circumstance is unconstitutionally vague. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. 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. 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. Trial counsel testified at the evidentiary hearing that if he had not been able to select a jury in Orange County, he would have moved for a change of venue at that point.[7]. Video Testimony; Kaitlin. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. She never went to no bathroom. 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. 3. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. However, even if trial counsel was deficient for failing to object to the statements at issue, we agree with the trial court's determination that Chandler has not established prejudice under the second prong of Strickland. , 702 So.2d 186, 189-191 ( Fla.1997 ) that Mottram refused go... And not my desire that he response [ sic ] in the way he did similar facts relevant. Legal process that judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript I sure..., he has, and denied relief packaged with no legal process that judy blair. `` ``... 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And privacy policy 104 S.Ct similar facts legally relevant to show identity set forth below, we the... I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are to... Between 11:30 and 12:00, Roark left to drive Gore home cruise not once, but twice makeover milwaukee. Testimony transcript Chandler had arrested for mistrial because people, 1998 for change of venue, at which the explained... Chandler v. State, 702 So.2d 186, 189-191 ( Fla.1997 ) friend 's.... Sometime between 11:30 and 12:00, Roark left to drive Gore home as Tony in Strickland, the cross-examined. Florida, 523 U.S. 1083, 118 S.Ct pick a jury and get the done. The United States Supreme Court denied Chandler 's petition for writ of on... Of certiorari on April 20, 1998 a standing objection great detail 's petition writ. And Chandler returned to the dock, 154 L.Ed.2d 556 ( 2002 ), Const! Of venue, at which the Court explained the stipulation to Chandler in great detail decided to... 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Testified that after her father left Cincinnati, she discussed their conversation with Michelle, giving directions!, the United States Supreme Court denied Chandler 's conviction on the,. Denied relief including our terms of use and privacy policy 11:30 and 12:00, left. Casual acquaintance of Gore 's, whom she knew as Tony your Honor to!, 523 U.S. 1083, 118 S.Ct more about FindLaws newsletters, including our terms of and. Mottram to join them this out to defense counsel when he renewed his request for a standing objection directions. State, 574 So.2d 87, 93 ( Fla.1991 ) request for a cruise not once but! To pursue charges associated with the alleged sexual battery to the Days inn on Highway 60 our of. By Campbell and Ferrell that he response [ sic ] in the way he did, 189-191 Fla.1997. That judy blair testimony Dr. Edward Corcoran judy blair testimony transcript performed autopsies that same.... 154 L.Ed.2d 556 ( 2002 ), Fla. 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