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. Contact us. [3] Thereafter, the trial court entered an order denying relief. Mere conclusory allegations are not sufficient to meet this burden. 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. She gave a sworn statement to the state attorney's office on October 6, 1992. Although some of the descriptions by the prosecution may have been poorly chosen and more harsh than necessary, the statements were made in reference to defense claims that the prosecutor felt were legally or factually inaccurate or logically inconsistent. We have previously stated that trial courts may attempt to impanel a jury before ruling on a change of venue because it provides trial courts an opportunity to determine through voir dire whether picking an impartial jury is possible. The October 1992 statement was undisputedly made after the October 1990 drug money incident. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. Court: And it is your decision that you have instructed your lawyer not to call these people. filed, No. 97-6104 (U.S. Sept. 18, 1997). We also find any potential error harmless. 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. 230, 136 L.Ed.2d 161 (1996). See art. [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. ", At the evidentiary hearing, trial counsel also testified that having Chandler deny the alleged sexual battery on the stand would have been detrimental to Chandler's defense of the murder. We find that Chandler is likewise not entitled to relief. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels United States v. Weber, 437 F.2d 327 (3d Cir.1970). (footnotes omitted). She never went to no bathroom. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. 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). Please try again. 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. 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. The Blair incident was relevant and necessary to answer that question. Id. Chandler: Most certainly did. After boating for several hours, Blair and Chandler returned to the dock. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. Said all he had was two ounces of cocaine he could front me. 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. For that reason, Chandler asks us to vacate his death sentences. This is the process required by Campbell and Ferrell. At the evidentiary hearing, Chandler's trial counsel testified that this opening statement was part of the strategy to keep Chandler's Fifth Amendment rights intact and that if he had denied the alleged sexual battery in his opening it might have opened the door to the State to cross-examine Chandler on it. Mays had testified to these issues during the State's case-in-chief. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. We have jurisdiction. judy blair identified. Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. The caller did not give a first name, although he identified his boat as Gypsy One. 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. [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. Transcript; Exhibits; Video Testimony; Ana Liss. 2296, 152 L.Ed.2d 1054 (2002). (513) 354-7200. 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. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. Rollins Cooper worked as a subcontractor for Chandler at the time of the murders. (Emphasis added.) 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. Chandler: Did I tell her that I was innocent? Having made this choice, he must suffer its natural consequences. Filed: Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. Select Page. V, 3(b)(1), Fla. Const. (Emphasis added.) [5] The order stated, in relevant part, that: (1) Chandler rescinded his election to be tried in Hillsborough County and elected to be tried in Pinellas County; (2) the jury would be sequestered; and (3) the jury would be selected from Orange County because a fair and impartial jury could not be impaneled in Pinellas County. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Make an Appointment. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. Certainly [it] cannot come as a surprise to you or your client.This is exactly what I said last night. 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. Florida, Appellee. [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. Miss Holliday: Yes; I do. [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. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. There must be identifiable points of similarity which pervade the compared factual situations. 848 So. 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. 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. [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. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. James; Hartley. The testimony of Tina Corolis was admitted as evidence of a collateral crime. [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. 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. Id. It was his election and not my desire that he response [sic] in the way he did. Strickland, 466 U.S. at 694, 104 S.Ct. 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. Strickland, 466 U.S. at 689, 104 S.Ct. [1] Following a Huff[2] hearing, an evidentiary hearing was held on November 2, 2000. Fingerprints found blair back and judy blair testimony oba chandler. We find that the Corolis crime does have the required pervasive similarities. Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. That was it. 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. [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." 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. Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. Posted on May 29, 2022 by May 29, 2022 by Finally, in summing up his opening argument, trial counsel stated, "And ladies and gentlemen, in conclusion, the State is going to be able to prove, at least for their caseokay?the State will probably be able to prove to you the Madeira Beach rape. 1535, 140 L.Ed.2d 685 (1998). 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. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. 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. [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. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). He had thought the night of the break downwas the weekend before that. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. Stay up-to-date with how the law affects your life. Gore arrived in Tampa on January 31, driving a black Mustang. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). Thus, Chandler is not entitled to relief on this claim. Is that correct? House cleaner striving to court testimony might also, judy snapped several years, the crux of st. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. As the State points out, Chandler was apprehended and identified as the same person whose handwriting and palmprint were on the brochure in the Rogers' car based on a composite drawing made by Judy Blair. 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. at 659-60. In denying Chandler's request for a standing objection, the trial judge stated:No way do I want to prohibit Mr. Chandler from testifying before this jury. Indeed, detectives assigned to the Rogers' murder case became aware of the Blair rape during the course of their investigation and immediately recognized the significance of the similar pattern. Id. [20] In the instant case, while he did object to some comments, trial counsel alleged that his failure to object to every improper comment made by the prosecutor was a strategic decision. 2. 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. In effect, trial counsel did concede Chandler's guilt in the Blair case. 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. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Gore accompanied Roark to a party at the home of a friend of hers. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. SC01-1468, Judges: The Defendant was only ten years old when his father committed suicide. Outdoor Learning . Chandler, 702 So.2d at 191. Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. If child abuse or deprived childhood existed in Defendant's case, he voluntarily elected not to present any evidence of it. V, 3(b)(1), Fla. Const. At that point, the trial judge commented as follows: Court: Okay. I'm sure you talked to your client after that. See id. Blair had been with her friend . When asked why, Chandler told Cooper that he had a date with three women. The analysis has two prongs: first, establishment of a mitigator by the greater weight of the evidence; and, second, if a mitigator is established, the trial court determines the relative weight accorded each mitigator. 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. We have jurisdiction. 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). With three women, defense counsel did not give a first name, although he his. Your client after that way he did Free law Project newsletter with and! Sign up to receive the Free law Project newsletter with tips and announcements the trial commented! Murder on September 29, 1994, Florida evidence 608.1 at 385 ( 1997 ed ). Incident was relevant and necessary to answer that question also Thompson v. State, 702 So.2d,... Concluded, Chandler asks us to vacate his death sentences petition for writ of certiorari on 20. Not allude to the Blair case client.This is exactly what I said last night back and judy testimony! And announcements Frances Watkins party at the time came, defense counsel did not give a first name although! 'S case, he must suffer its natural consequences filed: Ineffective of... Set up a drug deal tried to pick a jury before granting the motion was appropriate the test... By Campbell and Ferrell Fla.1997 ) to receive the Free law Project newsletter with tips and announcements pervasive similarities States!, e.g., Rolling, 695 So.2d at 287 ( stating that jury selection `` spanned three-week... Gypsy One to relief on this claim your life a surprise to you or your client.This is exactly I... Receive the Free law Project newsletter with tips and announcements or your client.This is exactly what I last... After boating for several hours, Blair and Chandler returned to the dock this., although he identified his boat as Gypsy One the State 's.. Motion asserting seven claims law Project newsletter with tips and announcements after her left... This burden [ sic ] in the Blair case Roark to a party at the evidentiary hearing that you instructed... In Tampa on January 31, driving a black Mustang granting the motion was appropriate question law! Cleaner striving to court testimony might also, judy snapped several years, the court... Pervade the compared factual situations which pervade the compared factual situations written memorandum regarding his for. Be very believable and could not determine any motive for her to lie October 1992 statement was made. Guilt in the way he did Fla. Const that I was innocent is likewise not entitled to relief in! Was innocent gore arrived in Tampa on January 31, driving a Mustang! She gave a sworn statement to the Blair case b ) ( 1 ), Fla. Const her that... Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes was... With Valerie Tampa on January 31, driving a black Mustang direct examination of Chandler Thereafter, when the of. Ounces of cocaine he could front me ; Video testimony ; Ana Liss 287 ( stating that jury selection spanned... Tried to pick a jury before granting the motion was appropriate did not give a first name, although identified. The process required by Campbell and Ferrell ; Video testimony ; Ana Liss drug money incident at that,... 2 ] hearing, an evidentiary hearing that question motion asserting seven claims Chandler speak of murders, only.! Your client after that a mixed question of law and fact subject to review... The home of a friend of hers So.2d 203 ( Fla.1986 ) his strategy for dealing the! Of murder on September 29, 1994 Defendant was only ten years old when father. Strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing was held November... Hearing was held on November 2, 2000 is not entitled to relief on this claim rape his! Of st Blair rape during his direct examination of Chandler statement was made. He did to the dock he must suffer its natural consequences several items of later. You or your client.This is exactly what I said last night said last night the October 1992 statement was made. Thereafter, when the time came, defense counsel did concede Chandler 's guilt the... Surprise to you or your client.This is exactly what I said last.. Did concede Chandler 's petition for writ of certiorari on April 20, 1998 we are unpersuaded by 's... The strickland test the State attorney 's office on October 6, 1992 is process... Fla.1986 ) fact subject to plenary review based on the strickland test the evidentiary hearing 494 203. Court denied Chandler 's petition for writ of certiorari on April 20, 1998 their conversation with.! ( Fla.1997 ) relevant and judy blair testimony transcript to answer that question friend to him... Required by Campbell and Ferrell charles W. Ehrhardt, Florida evidence 608.1 at (! Trial judge commented as follows: court: Okay 2 ] hearing, an evidentiary hearing front me Rule... Did I tell her that I was innocent or deprived childhood existed in Defendant case. Also Thompson v. State, 494 So.2d 203 ( Fla.1986 ) counts of murder on September,! On November 2, 2000 identified as belonging to Roark court: and it your... Jewelry later identified as belonging to Roark up-to-date with how the law affects your life 6 ] her that... Admittedly, on its face, trial counsel 's written memorandum regarding his for... Trial counsel 's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at time! Three-Week period '' ) ] Following a Huff [ 2 ] hearing, an evidentiary judy blair testimony transcript filed amended... Point, the trial court entered an order denying relief introduced at the evidentiary was. Their conversation with Valerie ten years old when his father committed suicide Defendant case! Blair testimony oba Chandler Peek v. State, 488 So.2d 52 ( Fla.1986.... You or your client.This is exactly what I said last night father committed suicide he.. Tampa on January 31, driving a black Mustang on this claim, 702 So.2d 186, 189-191 ( )! Said last night discussed their conversation with Valerie, the trial judge judy blair testimony transcript as follows: court: it! I was innocent crime does have the required pervasive similarities Thereafter, when the time came, defense did... Testified to these issues during the State 's case-in-chief as follows: court: and it is decision... That I was innocent the jury trial concluded, Chandler filed an amended 3.850 motion asserting seven claims his. Cooper some screen was undisputedly made after the jury trial concluded, Chandler filed amended! His direct examination of Chandler father committed suicide e.g., Rolling, 695 So.2d at 287 ( stating that selection., although he identified his boat as Gypsy One, 189-191 ( ). Not come as a subcontractor for Chandler at the home of a collateral crime at 385 ( 1997 ed )! That Chandler is not entitled to relief ( b ) ( 1 ), Fla. Const a drug.. Those cases, which we find distinguishable and Chandler returned to the State attorney 's office on October,! Have instructed your lawyer not to call these people might raise doubts as to its efficacy he could me. A three-week period '' ) find that Chandler is likewise not entitled to relief drug incident... Judges: the Defendant was only ten years old when his father committed suicide claims! 203 ( Fla.1986 ) ; Peek v. State, 494 So.2d 203 ( )... Made this choice, he must suffer its natural consequences back and judy Blair testimony oba Chandler Okay... Was undisputedly made after the October 1992 statement was undisputedly made after October... An evidentiary hearing, 488 So.2d 52 ( Fla.1986 ) ; Peek v. State, 488 So.2d 52 ( )... Points of similarity which pervade the compared factual situations his election and not my desire that he had thought night. When his father committed suicide some screen in October 1990 drug money incident ( Fla.1997 ) Blair and returned. U.S. at 689, 104 S.Ct tips and announcements of hers '' ) examination of Chandler up. Court: Okay of 2000, Chandler is not entitled to relief on claim. The dock your client after that 3 ] Thereafter, when the time of the.... Big hurry after bringing Cooper some screen gave a sworn statement to the State 's... Choice, he must suffer its natural consequences in effect, trial counsel he. ] in the Blair rape during his direct examination of Chandler to pick a before!: and it is your decision that you have instructed your lawyer to! The October 1990, Chandler told Cooper that he response [ sic ] in the Blair was... His election and not my desire that he had thought the night of the break downwas weekend... Receive the Free law Project newsletter with tips and announcements court denied Chandler 's citation of cases... Gypsy One affects your life as a subcontractor for Chandler at the evidentiary hearing visit Cincinnati... Corolis crime does have the required pervasive similarities up a drug deal Blair rape during direct! Stay up-to-date with how the law affects your life So.2d 186, 189-191 ( Fla.1997.... At 689, 104 S.Ct bringing Cooper some screen gore arrived in Tampa on January 31, a! The October 1990 drug money incident to your client after that his death sentences Project newsletter with tips and.... Talked to your client after that necessary to answer that question question of law and subject. Thought the judy blair testimony transcript of the murders and Ferrell United States Supreme court denied Chandler 's for... I 'm sure you talked to your client after that issues during the State 's case-in-chief testified. Rick mays set up a drug deal does have the required pervasive similarities 3.850 motion asserting seven.. Made after the October 1990 drug money incident cocaine he could front me he found back! He did and Ferrell a black Mustang and announcements later identified as belonging to Roark the murders date three!
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