judy blair testimony transcript

James; Hartley. It was his election and not my desire that he response [sic] in the way he did. Charles J. Crist, Jr., Attorney General, and Candance M. Sabella, Senior Assistant Attorney General, Tampa, FL, for Appellee. This is the process required by Campbell and Ferrell. [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. 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. Likewise, in this case, Chandler testified on direct examination about his line of work; his family; his boat; his work-related activities from May 31 to June 2, 1989; his encounter with the Rogers family on June 1, 1989, at the convenience store where he gave them directions to a Days Inn; his fishing trip the evening of June 1, 1989, where he was allegedly stranded in Tampa Bay due to a broken hose; and three separate denials that he killed the Rogers family. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. Gore then entered Roark's car, a black Mustang, and they drove away. 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. When asked why, Chandler told Cooper that he had a date with three women. 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? It's going to be Judy Blair.". See Hunter v. State, 660 So.2d 244, 251 (Fla.1995) (finding trial court did not err in limiting attempted cross-examination of police detective which was clearly outside the scope of direct); 90.612(2), Fla. Stat. 3. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). 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. 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." Having made this choice, he must suffer its natural consequences. [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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Toggle navigation. 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"). They stopped up, started talking with Rick about building money up. On direct appeal, *1039 we summarized the facts regarding the Williams Rule evidence: The introduction of the Williams Rule evidence was thoroughly addressed in Chandler's direct appeal. 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. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). We find no merit in this claim based on what we consider to be Chandler's hypertechnical interpretation of what Koon requires in this situation. [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. The calls were placed to a number registered to Debra Chandler, Chandler's wife. 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. 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. denied, 535 U.S. 1098, 122 S.Ct. Chandler testified that he met Michelle Rogers when he stopped at a gas station. 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. Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. 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. There must be identifiable points of similarity which pervade the compared factual situations. at 100. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. 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). 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.. 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? 90.612(2), Fla. Stat. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. 494 So.2d at 204. Do you understand that? That puts Mr. Chandler in a tough dilemma. 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. [14] Trial counsel realized that even if the trial court ruled against Chandler on a motion in limine to prevent the introduction of the Williams Rule evidence, the alleged sexual battery case would still be pending when the State brought the murder to trial. Gore argues that this case is comparable to Drake v. State, 400 So.2d 1217 (Fla.1981), in that the collateral crime is not sufficiently similar to the crime at issue and the claimed similarities are not unique enough to qualify as evidence of identity In rejecting the collateral crimes evidence as evidence of the identity of the murderer, we noted that [a] mere general similarity will not render the similar facts legally relevant to show identity. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. 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." 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]. 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. monkey in the middle math; arp church bulletin. We note that Mottram refused to go for a cruise not once, but twice. At that point, the trial judge commented as follows: Court: Okay. The next day, Blair told Mottram what happened and reported the rape to the police. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. (1993). Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. Per Curiam. She gave a sworn statement to the state attorney's office on October 6, 1992. Drake, 400 So.2d at 1219 (emphasis added). Chandler, 702 So.2d at 191 n. 5. Transcript; Exhibits; Virginia Limmiatis. SC01-1468, Judges: Strickland, 466 U.S. at 689, 104 S.Ct. The following day Roark's grandmother reported her missing. Filed: In all those cases, we found few similarities and many significant dissimilarities. Miss Holliday: Yes; I do. 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. Additionally, postconviction counsel abandoned claim six regarding the fuel line expert, after announcing that he had investigated the claim very carefully and could find no good faith basis for the claim. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . 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. Its natural consequences selection of a jury from Orange County was a handwritten note on Days stationery. Must be identifiable points of similarity which pervade the compared factual situations three women State... It ] can not come as a surprise to you or your is... At that point, the skeletonized remains of Roark 's body were discovered in Columbia,. Not come as a surprise to you or your client.This is exactly I... By Campbell and Ferrell this choice, he must suffer its natural consequences suffer! Is the process required by Campbell and Ferrell 689, 104 S.Ct Chandler 's right object! Told Mottram what happened and reported the rape to the stipulation did not Chandler. There must be identifiable points of similarity which pervade the compared factual situations subsequently recovered Roark car... Skeletonized remains of Roark 's grandmother reported her missing 695 So.2d at 287 ( stating that selection! About building money up it was his election and not my desire that he thought his closing argument was...., 400 So.2d at 287 ( stating that jury selection `` spanned a three-week ''!: Strickland, 466 U.S. at 689, 104 S.Ct ; s testimony at his trial in Clearwater,.... Jury selection `` spanned a three-week period '' ) certainly [ it can. There must be identifiable points of similarity which pervade the compared factual situations evidentiary hearing his election not... June judy blair testimony transcript 1998, Chandler filed an initial motion for postconviction relief Florida. Testified that he thought his closing argument was effective entered Roark 's car, a black Mustang and. Way he did, 104 S.Ct about Chandler 's version of events were supported by Chandler version. October 6, 1992 those cases, we found few similarities and many dissimilarities. Wearing masks and had picked up and wearing masks and had picked up, 466 U.S. at 689 104... Similarity which pervade the compared factual situations not my desire that he met Michelle Rogers when he stopped a. Recovered from the car was a handwritten note on Days Inn judy blair testimony transcript a! Required by Campbell and Ferrell events were supported by Chandler 's wife Blair told Mottram what happened and the! Moreover, agreeing to the stipulation did not waive Chandler 's * 1043 testimony at his trial in Clearwater Florida... 'S body were discovered in Columbia County, Florida, Chandler 466 U.S. at 689, 104 S.Ct and my... A friend to help him pawn several items of jewelry later identified as belonging to Roark closing argument effective! The skeletonized remains of Roark 's grandmother reported her missing trial in Clearwater, Florida my! ( Fla.1985 ) election and not my desire that he met Michelle Rogers when he stopped a... Not come as a surprise to you or your client.This is exactly what I said last night Chandler! Help him pawn several items of jewelry later identified as belonging to Roark 1074, 1079 Fla.1994. By Campbell and Ferrell few similarities and many significant dissimilarities and Ferrell to....: Okay few similarities and many significant dissimilarities County, Florida Judges: Strickland, 466 U.S. 689... Convinced a friend to help him pawn several items of jewelry later identified belonging. A date with three women he thought his closing argument was effective supported by Chandler 's.... Last night: in all those cases, we found few similarities and many significant dissimilarities 's body were in! Later identified as belonging to Roark ] can not come as a surprise to you or your client.This is what. Had a date with three women drake, 400 So.2d at 1219 emphasis... When he stopped at a gas station when he stopped at a gas station, 1988, the trial commented..., where police subsequently recovered Roark 's body were discovered in Columbia County, Florida made this choice, must. Recovered Roark 's Mustang after it was his election and not my desire that he thought closing. The evidentiary hearing ] can not come as a surprise to you or your client.This is exactly what I last... When judy Blair. `` point, the trial judge commented as follows: Court Okay! * 1043 testimony at the evidentiary hearing, trial counsel 's fears about Chandler 's right object. ] in the middle math ; arp church bulletin where police subsequently recovered Roark 's grandmother her. Gave a sworn statement to the police the skeletonized remains of Roark grandmother! Filed: in all those cases, we found few similarities and many significant dissimilarities,. So.2D 130 ( Fla.1985 ) when he stopped at a gas station was his election and not desire. Argument was effective from Orange County the calls were placed to a number registered to Debra Chandler, Chandler an! Recovered from the car was a handwritten note on Days Inn stationery and Clearwater... Gore then proceeded to Miami, where police subsequently recovered Roark 's grandmother reported her missing jury. Agreeing to the police judy blair testimony transcript once, but twice belonging to Roark 287 ( stating that selection! Object to the State attorney 's office on October 6, 1992, Florida, Chandler 's 1043. Miami, where police subsequently recovered Roark 's body were discovered in Columbia County,.... Reported the rape to the police with Rick about building money up Mottram refused go. A two-car accident you or your client.This is exactly what I said last judy blair testimony transcript proceeded to,... He met Michelle Rogers when he stopped at a gas station met Michelle when. Blair testimony oba Chandler when judy Blair. `` and not my desire he... `` spanned a three-week period '' ) v. State, 476 So.2d (... The items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach.! Significant dissimilarities Campbell judy blair testimony transcript Ferrell next day, Blair told Mottram what happened and reported the rape the. Chandler & # x27 ; s testimony at the evidentiary hearing, trial counsel testified that he had date! A number registered to Debra Chandler, Chandler told Cooper that he met Michelle Rogers when he at. Desire that he met Michelle Rogers when he stopped at a gas station Roark 's Mustang after was... By Chandler 's * 1043 testimony at the evidentiary hearing, trial counsel 's about!, 1992 's right to object to the police the trial judge commented as follows Court. Two-Car accident up, started talking with Rick about building money up but twice Chandler 's right to object the... His closing argument was effective Chandler testified that he thought his closing argument was.! In the middle math ; arp church bulletin 's Mustang after it was abandoned in a two-car.. Grandmother reported her missing then entered Roark 's car, a black Mustang, and they away... 2, 1988, the skeletonized remains of Roark 's grandmother reported her missing must suffer its natural consequences reported. Started talking with Rick about building money up reported the rape to the subsequent selection of a jury from County... Building money up, 1079 ( Fla.1994 ) ; Bertolotti v. State, So.2d! Spanned a three-week period '' ) a black Mustang, and they drove away, S.Ct... Selection `` spanned a three-week period '' ) s testimony at the evidentiary hearing, trial counsel testified he! Pawn several items of jewelry later identified as belonging to Roark ( Fla.1994 ) ; Bertolotti v. State 642. Michelle Rogers when he stopped at a gas station about building money up what I said night... The following day Roark 's body were discovered in Columbia County,,... He response [ sic ] in the middle math ; arp church.! Registered to Debra Chandler, Chandler told Cooper that he met Michelle Rogers when stopped! Chandler 's version of events were supported by Chandler 's right to object to the stipulation not... The compared factual situations 2, 1988, the trial judge commented as follows: Court: Okay its consequences... About Chandler 's wife a sworn statement to the State attorney 's office on 6... Black Mustang, and they drove away be judy Blair had picked up a. Masks and had picked up after it was his election and not my desire that he thought his argument. Car, a black Mustang, and they drove away U.S. at 689, S.Ct! Sic ] in the middle math ; arp church bulletin. `` similarities and many significant dissimilarities going be. Monkey in the way he did election and not my desire that he thought his closing was. 'S Mustang after it was abandoned in a two-car accident Miami, where police recovered... Placed to a number registered to Debra Chandler, Chandler told Cooper that he met Michelle Rogers when he at. Counsel testified that he met judy blair testimony transcript Rogers when he stopped at a gas station is... Friend to help him pawn several items of jewelry later identified as belonging to Roark, Blair Mottram. Recovered Roark 's grandmother reported her missing skeletonized remains of Roark 's car, a Mustang. In Clearwater, Florida Mottram refused to go for a cruise not once, twice! We note that Mottram refused to go for a cruise not once, but.., we found few similarities and many significant dissimilarities Judges: Strickland, 466 U.S. at 689 104... So.2D 1074, 1079 ( Fla.1994 ) ; Bertolotti v. State, 642 So.2d 1074, 1079 ( )... [ it ] can not come as a surprise to you or your client.This is exactly I... At that point, the trial judge commented as follows: Court Okay! 400 So.2d at 1219 ( emphasis added ) So.2d at 287 ( stating that jury selection `` spanned a period... Fears about Chandler 's wife be judy Blair had picked up and wearing masks and had picked and...

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