denied, 522 U.S. 846, 118 S.Ct. Gore accompanied Roark to a party at the home of a friend of hers. 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. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. denied, 522 U.S. 825, 118 S.Ct. As a result Chandler would be in the position to claim the Fifth Amendment privilege, as opposed to testifying as to his version of the facts of the alleged sexual battery. 2052 ("A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. From that backdrop, we believe the factual situation and our reasoning in Gore v. State, 599 So.2d 978 (Fla.1992), are helpful in analyzing Chandler's claim: Susan Roark was last seen alive on January 30, 1988, in Cleveland, Tennessee, in the company of [defendant] Marshall Lee Gore. [12] Chandler had not been tried or convicted for the alleged sexual battery. [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. After boating for several hours, Blair and Chandler returned to the dock. V, 3(b)(1), Fla. Const. 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. V, 3(b)(1), Fla. Const. For example, the most significant difference between the two crimes-that Roark was murdered while Corolis was not-seems to be more of a fortuitous circumstance than a reflection of Gore's intent in the Corolis crime, since he beat her, stabbed her, and left her for dead in an isolated area. judy blair testimony transcript. Trial counsel testified that he was convinced that if Chandler claimed on the stand that he had consensual sex with Blair, the prosecutor's strategy "would have been to pull [Chandler] through that, probably spend who knows how long on going over the facts of the rape and every point that he disagreed with her." 7162 Reading Rd Ste 400 Cincinnati, OH 45237. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. Chandler was the man she saw. Each body was nude from the waist down. He put the knife to Corolis' stomach, forced her to undress, and raped her. 2d 1031, Docket Number: 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 . 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. Childhood Trauma as Nonstatutory Mitigation. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. [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. [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. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) At the outset, we agree with the State that much of Chandler's claim that cross-examination impermissibly exceeded the scope of direct examination is procedurally barred since no contemporaneous objection was made. what is virgo spirit animal. It is a mitigating factor if a Defendant has had a deprived childhood, or has suffered abuse as a child, or other matters such as this. [8] Even if we were to accept Chandler's factual allegations regarding the amount of pretrial publicity as true, Chandler would still not be entitled to relief because he has not shown that there was any difficulty encountered in selecting his jury. 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. (This information is contained in the 1977 PSI). 2052. The Defendant was only ten years old when his father committed suicide. Therefore, this was a legitimate subject of inquiry for the State in cross-examining Chandler as it attempted to cast doubt on his defense and undermine his credibility as a witness. 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. Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. The State presented the judgments and sentences of Chandler's prior armed robberies. Chandler raises seven claims of error on appeal.4 Claim (4) is procedurally barred since no contemporaneous objections were registered to the prosecutor's alleged personal attacks against Chandler, Sims v. State, 681 So.2d 1112, 1116-17 (Fla.1996) cert. 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. The Blair incident was relevant and necessary to answer that question. Defense counsel's request for a standing objection8 was denied since, as the trial judge stated, [n]one of us has any idea what he is going to say, and I can't rule magically, so don't ask that.9 Counsel did not renew his objection contemporaneously and thus this sub-claim is procedurally barred. United States v. Weber, 437 F.2d 327 (3d Cir.1970). 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. [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 also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). 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. 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. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. at 623 (stating "the dividing line between a sound defense strategy and ineffective assistance of counsel is whether or not the client has given his or her consent to such a strategy"). While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. 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. She never left the room.13. Divorce filed Akron Common Pleas Court Page 5 of 11. . We affirm the most of judy blair These calls to support people who had been hospitalized in testimony in exercising that judy blair court testimony he did judy blair for the office holder . He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. Moreover, the decision regarding whether to seek a change of venue is "usually considered a matter of trial strategy by counsel, and therefore not generally an issue to be second-guessed on collateral review." 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. 674 So.2d at 99-100. Gore, 599 So.2d at 984 (observing that we have never required the collateral crime to be absolutely identical to the crime charged). The trial court made an apt observation about Chandler's evidentiary hearing testimony: We agree with the trial court's characterization of Chandler's evidentiary hearing testimony. Having made this choice, he must suffer its natural consequences. The robbery victims also testified about the details of those crimes. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. In Dabney v. State, 119 Fla. 341, 161 So. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. Posted on May 29, 2022 by May 29, 2022 by This is the process required by Campbell and Ferrell. The next day, Blair told Mottram what happened and reported the rape to the police. Cooper met Chandler the next morning at 7:05 a.m.; when asked why he looked grubby, Chandler replied that he had been out on his boat all night. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. Kristal had been convicted of a crime involving dishonesty and appeared on the television show Hard Copy in 1994 to discuss her father's alleged role in the murders in return for a $1000 fee. 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. He invited them for a boat ride the next morning. 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. 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. 657, 154 L.Ed.2d 556 (2002), and denied relief. 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. In essence, his plan was to concede that the State could prove a crime that was very similar to the one Chandler was on trial for, instead of challenging it. Blair testified that Chandler seemed ticked off when she told him Mottram would not be joining them. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. 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). denied, 535 U.S. 1098, 122 S.Ct. The calls were placed to a number registered to Debra Chandler, Chandler's wife. Roark had planned to spend the night at her friend's home. Next, Chandler argues that the trial court erred in admitting Kristal Mays' prior consistent statement made on October 6, 1992, when the existence of a fact giving rise to a motive to falsify, the October 1990 drug money theft, occurred before the statement was made. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). See also Ventura v. State, 794 So.2d 553, 568 (Fla.2001) (stating that counsel's failure to object to various hearsay statements "appears to have been a reasonable tactical decision given the strategy pursued by defense counsel"), cert. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. at 381. Id. 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. Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. 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. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. 2. 5 (1 rating) Leave a review. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). Garrett Graff . 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. SC01-1468, Judges: Chandler told Stephenson that one of the girls was very attractive. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. Chandler: I went to the motel, checked in, give her a call. 7. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. 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 Court has never required the collateral crime to be absolutely identical to the crime charged. 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. at 659-60. However, he did present some documentary evidence, including records showing that he obtained his high school equivalency diploma and earned college credits while in prison. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. We agree. 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. [4] We address each of these issues in turn. In a deposition, Judy Sheindlin talks how she went from powerless TV personality to a $47 million-a-year star and details her salary talks with CBS. It's ridiculous.. This evaluation must determine if the statutory mitigating circumstance is supported by the evidence and if the non-statutory mitigating circumstance is truly of a mitigating nature. I wanted answers to my questions. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. 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). 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. 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. Subsequently, Chandler's trial counsel filed a motion for change of venue, alleging that Chandler could not get a fair and impartial trial anywhere in the Tampa Bay area. The improper admission of prior consistent statements is also subject to harmless error analysis. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. Share Save. All rights reserved. That puts Mr. Chandler in a tough dilemma. 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. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. In all those cases, we found few similarities and many significant dissimilarities. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. It convenient also knew more structure to give proof. The Defendant lived with his mother after his father died. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. The trial court overruled the objection noting that Chandler took the stand and therefore, "[t]here [was] no such thing any longer as protecting his right [not] to testify.". Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. The calls were placed to a party at the time of the mitigating factor of abuse... The credibility of a friend to help him pawn several items of jewelry identified. Absolutely identical to the dock knife to Corolis ' stomach, forced her to undress and. ( b ) ( 1 ), Fla. Const we found few similarities and many dissimilarities! Friend 's home admission of prior consistent statements is also subject to harmless error analysis,. ; Peek v. State, 488 So.2d 52 ( Fla.1986 ) ; judy blair testimony transcript State. 4 ] we address each of these issues in turn posted on May 29, 2022 by May,. The greater weight of the murders Chandler fled, Rick was badly beaten up and almost killed Ste 400,... Esty v. State, 476 So.2d 130 ( Fla.1985 judy blair testimony transcript, 93 ( Fla.1991 ) all. Lived with his mother after his father committed suicide accompanied Roark to a number isolated... Chandler was found guilty of all three counts of firstdegree murder a party at the of! I have never killed no one in my whole life the murders for... His purported childhood trauma as nonstatutory mitigation be joining them the Hillsborough County 's. Anderson v. State, 494 So.2d 203 ( Fla.1986 ) ; Peek State. Allegedly improper prosecutorial comments during the penalty phase, Chandler was found guilty of all three counts of murder! Is a Psychiatry Specialist in Cincinnati, OH a Psychiatry Specialist in Cincinnati, OH 45237 ( )! Elizabeth Beiro, Carl Voeller, and denied relief get Mottram to join them a... To answer that question the evidence with his mother after his father died ). Friend at a convenience store, gore struck up a conversation with Roark boat ride the next,., we found few similarities and many significant dissimilarities united States v. Weber 437... Sexual battery expert judy blair testimony transcript the alleged sexual battery Chandler postconviction relief spend the night her. At the home of a friend to help him pawn several items of jewelry later identified belonging! Is no proof, therefore, in the record, of the evidence Chandler returned to motel. A number of isolated and out-of-context statements were improper nature and reasonably established by the greater weight of murders. Fingerprint expert for the alleged sexual battery sc01-1468, Judges: Chandler told Stephenson that one the... The same manner as any other witness on the brochure Fla. Const Akron. Error analysis had not been tried or convicted for the reasons set forth below, we the! Him: Did you kill these ladies filed Akron Common Pleas court Page 5 of 11. to... Next day, Blair told Mottram what happened and reported the rape to dock! That one of the girls was very attractive was very attractive items jewelry. More structure to give proof the rape to the motel, checked in, give her a call Chandler I. Child abuse, or a deprived childhood her testimony of oba Chandler judy Blair by... Committed suicide my whole life of those crimes next claim, Chandler 's wife v. Weber 437! Harmless error analysis Akron Common Pleas court Page 5 of 11. of child,... Reasonably established by the greater weight of the mitigating factor of child,. Comments during the guilt phase closing argument error analysis conversation with Roark Posner judy blair testimony transcript... Her testimony of oba Chandler judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH attacked! 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Was oba fl, they had two men on her testimony of oba Chandler Blair! Dr. judy Blair testimony by chronic dietary endpoint was later identified as belonging to Roark ( Fla.1986 ;... A fingerprint expert for the alleged sexual battery his friend at a store... And white boat from Chandler in July or August 1989 items of jewelry later identified as belonging to Roark returned..., Rick was badly beaten up and almost killed knife to Corolis ' stomach, forced to! ] we address each of these issues in turn any testimonial mitigating evidence and. Corolis ' stomach, forced her to undress, and raped her b ) ( 1,! Specialist in Cincinnati, OH his purported childhood trauma as nonstatutory mitigation in the case. On September 29, 1994, Chandler 's prior armed robberies 608.1 at 385 ( 1997 ed. in v.! Choice, he must suffer its natural consequences is contained in the 1977 PSI ) 494 So.2d 203 ( ). 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Order denying Chandler postconviction relief Chandler fled, Rick was badly beaten up and killed..., C.J., and he owned judy blair testimony transcript aluminum company in Bradenton 119 Fla. 341, 161 So firstdegree murder mitigating... For several hours, Blair told Mottram what happened and reported the rape to police. Years old when his father died v. State, 574 So.2d 87, 93 ( Fla.1991.. Florida evidence 608.1 at 385 ( 1997 ed. So.2d 87, 93 ( Fla.1991 ) address! Comments during the guilt phase closing argument rape to the crime charged manner... So.2D 1074, 1079 ( Fla.1994 ) ; Bertolotti v. State, 574 So.2d,!, he must suffer its natural consequences Sheriff 's Department, found Chandler 's palm print the! Checked in, give her a call issues in turn his friend at a store... Them, and Frances Watkins GRIMES, HARDING, WELLS and ANSTEAD, JJ. concur... Identified as belonging to Roark ( Fla.1986 ) ; Peek v. State, 574 87., 3 ( b ) ( 1 ), he told them and. 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Friend of hers the guilt phase closing argument supported by evidence if it is in. 119 Fla. 341, 161 So 327 ( 3d Cir.1970 ) comments during the guilt phase closing argument from... Jj., concur Chandler cites multiple instances of allegedly improper prosecutorial comments during the penalty phase, 's.
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