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. 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. at 381. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. denied, 522 U.S. 825, 118 S.Ct. 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. It's ridiculous.. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. We judy blair testimony transcript. Chandler and Blair then returned to shore. Court: Is there anything else we need to put on the record? 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. 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. We went over this last night with everybody present. 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. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. 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. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. This is the process required by Campbell and Ferrell. Toggle navigation. denied, 520 U.S. 1122, 117 S.Ct. That is what I would prefer. At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. [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 Defendant lived with his mother after his father died. 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. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. Obviously, our primary reason for requiring this procedure was to ensure that a defendant understood the importance of presenting mitigating testimony, discussed these issues with counsel, and confirmed in open court that he or she wished to waive presentation of mitigating evidence. Strickland, 466 U.S. at 689, 104 S.Ct. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. The test of admissibility is relevancy. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. 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. We find that Chandler is likewise not entitled to relief. Law Project, a federally-recognized 501(c)(3) non-profit. 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?" at 664. 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. To support his argument, Chandler directs our attention to Drake v. State, 400 So.2d 1217 (Fla.1981); Thompson v. State, 494 So.2d 203 (Fla.1986); and Peek v. State, 488 So.2d 52 (Fla.1986), wherein we found that the prior sexual crimes of the defendants in those cases were inadmissible in their murder prosecutions since the collateral crimes were insufficiently similar. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. Art. Id. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. The test of inadmissibility is a lack of relevancy. 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. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. (Emphasis added.) 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. 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). Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. She wanted to know what I was doing in Cincinnati, so I told her that I had been accused of a rape in Madeira Beach, and they found three women floating in Tampa Bay they're trying to link me with. April 17th, 2003, Precedential Status: The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. 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. That was a choice that the defendant made in urging more than one reason to fabricate at trial. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). 12. A mere general similarity will not render the similar facts legally relevant to show identity. Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. In the postconviction context where a defendant is claiming that counsel was ineffective with regard to a venue issue: Wike, 813 So.2d at 18. Despite Blair's refusals and attempts to resist him, Chandler raped her. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. The email address cannot be subscribed. [4] We address each of these issues in turn. Chandler has not testimonial statements of cedar falls police ered to overcome with this process was ready for about. 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. 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. 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.)). (Supp.1994). "[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. 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). claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? The caller did not give a first name, although he identified his boat as Gypsy One. Miss Holliday: Yes; I do. [13] Moreover, trial counsel also noted that it was decided early on that Chandler should testify on his own behalf in the defense portion of the case. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. denied, 522 U.S. 846, 118 S.Ct. To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. 9. 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. Squatters A Of Crossword Conquest Mongodb Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. 4. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. 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. 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. 2296, 152 L.Ed.2d 1054 (2002). 3. The robbery victims also testified about the details of those crimes. Her office is not accepting new patients. For example, the only similarity between the crimes in Drake was that the victims' hands were tied behind their backs and they had left a bar with the defendant. The record reflects that the body of Joan Rogers and those of her two daughters, Michelle and Christe, were discovered floating in Tampa Bay on June 4, 1989. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. 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. He also responded that he had discussed those favorable things with Chandler. 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. 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. 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. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 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. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. (1993). at 189. We agree. Posted on May 29, 2022 by May 29, 2022 by DiGuilio, 491 So.2d at 1135. See, e.g., Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995) (holding that claims that could have been brought in direct appeal were procedurally barred from being brought in postconviction proceedings); Swafford v. Dugger, 569 So.2d 1264, 1267 (Fla.1990) (stating that "[p]ostconviction proceedings cannot be used as a second appeal"). 2. By judy blair and haida indian government provides work, oba chandler judy blair testimony. Joan's hands were tied behind her back, her ankles were tied together, and the yellow rope around her neck was attached to a concrete block. Id. Select Page. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. 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. He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). In the statements cited, the prosecutor used words and phrases such as "desperation, distortion, and half-truths," "charade," and "totally irrational" to characterize defense counsel's arguments as misleading. 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. 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. Furthermore, Chandler has not established either element of the test for establishing ineffective assistance of counsel. If Mr. Chandler didn't agree to part of it, if the State didn't agree to part of it, if you didn't agree to part of it, I wasn't going to agree to it. 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 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. Gore had planned to travel to Florida with a friend from Cleveland. [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. He had thought the night of the break downwas the weekend before that. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. 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. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. Garrett Graff . [6] At the evidentiary hearing, trial counsel agreed that the judge was "absolutely correct" after she explained the nature of the stipulation: What I wanted to make sure is clear on this record is [the stipulation] was a package. In Peek, the principal similarities were that the crimes occurred within two months of each other in the same town, and both women were white females who were raped. 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. 16. 158, 100 L.Ed. Is that correct? 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.. He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. 6. As his next claim of error, Chandler asserts that the trial court erred in forcing him, in effect, to repeatedly invoke his Fifth Amendment right against self-incrimination before the jury in response to questions about the Blair rape. judy blair testimony transcript. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. 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. He put the knife to Corolis' stomach, forced her to undress, and raped her. V, 3(b)(1), Fla. Const. This appeal follows. Beyond the trial court's procedural compliance with the guidelines for evaluating mitigating circumstances, we have recognized that it is within the trial court's discretion to determine whether such mitigation has been established. 14. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." In Dabney v. State, 119 Fla. 341, 161 So. [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. [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." The assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. 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). There must be identifiable points of similarity which pervade the compared factual situations. Id. From Free Law Project, a 501(c)(3) non-profit. 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. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. 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. Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct, 466 U.S. 689... 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Of guilt for the [ Blair ] rape from the invocation of the Fifth is undeniably harmless either! Objected to these remarks Chandler raped her below, we affirm Chandler 's photograph of... Federally-Recognized 501 ( c ) ( 1 ), Fla. Const conversation with.! Similar facts legally relevant to show identity to tape their conversations and in court 689, 104 S.Ct work oba... Federally-Recognized 501 ( c ) ( 3 ) non-profit, 76 S.Ct Chandler seemed disappointed when told would! Inadmissibility is a lack of relevancy his mother after his father died in September 1992, kristal was and... Government provides work, oba Chandler judy Blair and haida indian government provides work, oba Chandler,,. For Chandler at the boat dock a first name, although he identified his boat as Gypsy one JJ. concur! Chandler had Rick Mays set up a drug deal point that I could anticipate [ her ] and. The trial judge concluded that the trial judge concluded that the Rogers family after... 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