See 910.03(3), Fla. Stat. 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. Most of the prospective jurors who were questioned indicated that they had not heard about the case. [16] Chandler organizes the numerous allegedly improper comments into four broad categories: (1) improper comments on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery; (2) improper attacks on defense counsel and his theory of the case; (3) improper statements of the prosecutor's personal opinions and beliefs; and (4) improper personal attacks on Chandler. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. She never left the room.13. Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. They stopped up, started talking with Rick about building money up. Make an Appointment. Gore had planned to travel to Florida with a friend from Cleveland. Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. 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.". 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. 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. 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. For example, Chandler claims that the prosecutor improperly commented on Chandler's exercise of his Fifth Amendment privilege regarding the alleged sexual battery of Judy Blair by stating: "Think about all the things he wouldn't talk about and didn't say. [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. Please try again. 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. 488 So.2d at 55. Id. 657, 154 L.Ed.2d 556 (2002), and denied relief. 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." In rebuttal, James Hensley, a certified boat mechanic, testified that Chandler's fuel line was possibly still the original, was in good shape, and showed no signs of repair. We have jurisdiction. The testimony of Tina Corolis was admitted as evidence of a collateral crime. [7] At the evidentiary hearing, Chandler also agreed that his understanding of the stipulation was that he had the right to seek a venue change from Orange County if it became obvious that there was going to be great difficulty selecting a jury there. 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. 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. The test of admissibility is relevancy. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. For the reasons stated above, we affirm the trial court's denial of postconviction relief. Therefore, we also find that any error is harmless beyond a reasonable doubt. 5 (1 rating) Leave a review. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. CourtListener is sponsored by the non-profit Free Law Project. 12. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. 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. (Emphasis added.) Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. 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. 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. Court: And it is your decision that you have instructed your lawyer not to call these people. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. Precedential, Citations: Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. [15] Because there was no question of identity in the alleged sexual battery case, the only defense available to Chandler was that he had consensual sex with Blair. Court: And you've had plenty of time to talk this over with your lawyer? 494 So.2d at 204. Prosecutor: Did you tell her you were innocent of both crimes? 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. 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. Fingerprints found blair back and judy blair testimony oba chandler. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. judy blair testimony transcript. [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." 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. The few dissimilarities here seem to be a result of differences in the opportunities with which Gore was presented, rather than differences in modus operandi. (Supp.1994). 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). The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. 2296, 152 L.Ed.2d 1054 (2002). 19. 1535, 140 L.Ed.2d 685 (1998). 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. 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. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo We have long held that prior consistent statements are generally inadmissible to corroborate or bolster a witness' trial testimony. Rodriguez v. State, 609 So.2d 493, 499 (Fla.1992); Jackson v. State, 498 So.2d 906, 909 (Fla.1986); Parker v. State, 476 So.2d 134, 137 (Fla.1985); Van Gallon v. State, 50 So.2d 882 (Fla.1951). We address the remaining issues in turn. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. Mere conclusory allegations are not sufficient to meet this burden. [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". Despite Blair's refusals and attempts to resist him, Chandler raped her. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) 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. Occhicone, 768 So.2d at 1048; see Shere v. State, 742 So.2d 215, 220 (Fla.1999); State v. Bolender, 503 So.2d 1247, 1250 (Fla. 1987). In denying Chandler relief on this claim, the trial court first determined that the underlying issue was procedurally barred. All rights reserved. *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. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." (1993). Toggle navigation. If you need a short bio to share with your colleagues, please feel free to use the following: Judy Blair is a white woman doing transformational racial equity work in Seattle, specializing in antiracism coaching and caucusing.Her approach is extremely relational, focusing on helping people find their own power and figure out concrete responses to the racial oppression they see or experience . 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. 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. denied, 537 U.S. 1070, 123 S.Ct. Select Page. [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. The improper admission of prior consistent statements is also subject to harmless error analysis. 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. 18. 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.. 2d 1031, Docket Number: We affirmed Chandler's convictions and sentences on direct appeal. Gore arrived in Tampa on January 31, driving a black Mustang. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. 380 (1935), the Court stated: Id. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . judy blair identified. 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. Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. The jury reconvened for the penalty phase the next day. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. The Defendant was only ten years old when his father committed suicide. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. 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? 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.)). 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. This requires an independent review of the trial court's legal conclusions, while giving deference to the trial court's factual findings. judy blair testimony transcriptovercoming storms in life speech outline. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. 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. Before hearing Chandler's change of venue motion, the trial court informed the parties that if a stipulation could be entered wherein Chandler would elect Pinellas County over Hillsborough County, the *1035 court would agree to select the jury in Orange County and return the jurors to Pinellas County, where they would be sequestered during trial. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. Since the defendant opened the door on that subject, we concluded that the trial court did not abuse its discretion in allowing questions about evidence linking the defendant to the crime. 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. Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. Strickland, 466 U.S. at 694, 104 S.Ct. This case has been cited by other opinions: The following opinions cover similar topics: CourtListener is a project of Free I have never-its's ludicrous. 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, 537 U.S. 1067, 123 S.Ct. Chandler: I went to the motel, checked in, give her a call. We recognize that the crimes are not exactly the same. We find no error in the admission of evidence of Gore's attack on Corolis. It's going to be Judy Blair.". This appeal follows. Revathi Constructions is a Leading Construction Company in Trichy. 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. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. See Rolling, 695 So.2d at 285. Date. Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. We have jurisdiction. Chandler's claim of error addresses the first prong. 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"). The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. 86, 139 L.Ed.2d 43 (1997). 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