judy blair testimony transcript
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 the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. Thus we reject Chandler's contention that since defense counsel did not go into greater detail about what that favorable evidence would be, we should vacate his sentences and thereby ignore the fact that the core requirement of Koon-knowing, intelligent, and voluntary waiver in open court-was clearly met in this case. 14. She never went to no bathroom. Id. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. 9. 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. The police subsequently found the Rogers' car parked at a boat ramp on the Courtney Campbell Causeway. West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. denied, 537 U.S. 1067, 123 S.Ct. During cross-examination, Chandler admitted within the context of his version of events that he did not stop having sex with Blair after she demanded that he stop because "he wanted to complete the act" and in his opinion he "was entitled to finish." Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. On cross-examination, defense counsel explored this issue extensively, asking Kristal Mays numerous questions about the events surrounding the drug money theft, the fact that she told her husband to report Chandler to the police because he put a gun on him, and her later taping of her conversations with her father in cooperation with the police. The trial court also stated that if the stipulation had been voided, any change of venue motion that Chandler filed would have been held in abeyance while the court attempted to pick an impartial jury in Hillsborough County, the county of original venue. When asked why, Chandler told Cooper that he had a date with three women. Waiver of Right to Present Mitigating Testimony. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. And, again, I ask you to keep that separate." In this case, the trial court's detailed order admitting the collateral crime evidence found the following fourteen similarities between the Blair rape and the Rogers' murders: (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. Corolis was a casual acquaintance of Gore's, whom she knew as Tony. In March of 1988, Gore called Corolis at her home and told her that his car had broken down and he needed a ride to it. 657, 154 L.Ed.2d 556 (2002), and denied relief. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. 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. Florida, Appellee. 83 (1955)). 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. Select Page. United States v. Weber, 437 F.2d 327 (3d Cir.1970). Date. Hensley stated that even if there had been a hole in the fuel line, it would not have leaked because of the anti-syphoning valve. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. 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. It's going to be Judy Blair.". The state also presented the testimony of Judy Blair and her companion Barbara Mottram concerning Chandler's sexual battery of Judy Blair in Madeira Beach. at 1219. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 2020. november 06.: letmdvltst sztnz komplex egszsgtancsads; 2020. november 09.: letmdvltst sztnz komplex egszsgtancsads For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Chandler: Most certainly did. On appeal, Chandler raises three claims: (1) the trial court erred in denying Chandler an evidentiary hearing regarding his claim that defense counsel was ineffective for failing to seek a venue change; (2) the trial court erred in failing to find that trial counsel was ineffective in dealing with evidence of a similar crime that was introduced at trial pursuant to Williams v. State, 110 So.2d 654 (Fla.1959), (Williams Rule evidence); and (3) the trial court erred in failing to find that trial counsel was ineffective for failing to object to various statements the prosecutor made in the guilt phase closing arguments. Art. 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. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. (1993). However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. 380 (1935), the Court stated: Id. 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.". One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. Id. 158, 100 L.Ed. [12] Chandler had not been tried or convicted for the alleged sexual battery. Court: Is there anything else we need to put on the record? 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. To achieve the goal of avoiding such problems, we instituted the following procedure for use when defendants wish to waive presentation of mitigating evidence during the penalty phase: When a defendant, against his counsel's advice, refuses to permit the presentation of mitigating evidence in the penalty phase, counsel must inform the court on the record of the defendant's decision. Video Testimony; Kaitlin. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). Sign up to receive the Free Law Project newsletter with tips and announcements. 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 . From Free Law Project, a 501(c)(3) non-profit. [4] We address each of these issues in turn. rely on donations for our financial security. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. That puts Mr. Chandler in a tough dilemma. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. 7. 97-5975 (U.S. Sept. 10, 1997); Henyard v. State, 689 So.2d 239 (Fla.1996) (finding four aggravators, including HAC, prior violent felony conviction, and murder during commission of kidnapping and sexual battery outweighed two statutory mitigators and minor nonstatutory mitigation), cert. In effect, trial counsel did concede Chandler's guilt in the Blair case. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). Therefore, we also find that any error is harmless beyond a reasonable doubt. [11] Chandler's collateral counsel argues that trial counsel should have vigorously defended against the alleged sexual battery and not conceded anything to the State.[12]. 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"). He invited them for a boat ride the next morning. Chandler, 702 So.2d at 191. (513) 354-7200. 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. Gore accompanied Roark to a party at the home of a friend of hers. Carlton recalled seeing concrete blocks at the Chandler house and that some of the concrete blocks had three holes and some had two. He then dragged her out of the car, punched her face against a rock, strangled her, and stabbed her in the neck, arms, legs, and buttocks. 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. 12. filed, No. denied, 519 U.S. 891, 117 S.Ct. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Because the trial court did not hold an evidentiary hearing on the amount of pretrial publicity, the only information in this record regarding the extent and nature of pretrial publicity comes in the way of the supplemental record, which includes the report prepared by Chandler's media expert. Do you understand that? [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. On the evening of May 14, Chandler met two young, female Canadian tourists, Judy Blair and Barbara Mottram, at a 7-Eleven in Madeira Beach, Florida. He also responded that he had discussed those favorable things with Chandler. Mere conclusory allegations are not sufficient to meet this burden. 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." As the parties note, we established the rule regarding admission of collateral crime evidence in Williams v. State, 110 So.2d 654 (Fla.1959), and enunciated the following standard for admitting such evidence: Our view of the proper rule simply is that relevant evidence will not be excluded merely because it relates to similar facts which point to the commission of a separate crime. The caller did not give a first name, although he identified his boat as Gypsy One. Chandler and Blair then returned to shore. Per Curiam. Clearly, the trial judge was describing Koon and the compulsory procedure in this situation. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. The next day a penalty phase proceeding was held, and the jury unanimously recommended that Chandler be sentenced to death for each of the three murders. Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. 400 So.2d at 1219. Chandler asked Blair to get Mottram to join them for an after-dinner boat trip. 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. 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. 86, 139 L.Ed.2d 43 (1997). My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. 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. 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." As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. [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." In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test. 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. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Gore arrived in Tampa on January 31, driving a black Mustang. Id. 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. Said all he had was two ounces of cocaine he could front me. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins. Chandler: Did I tell her that I was innocent? Share Save. 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. That is what I would prefer. 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. 2348, 147 L.Ed.2d 435 (2000). 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. 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]. We agree that the decision not to object to improper comments is fraught with danger and may not be wise strategy because it might cause an otherwise appealable issue to be considered procedurally barred. We accept the trial court's finding of fact on this issue, and hold that under these circumstances, there is no Nixon violation because Chandler agreed to trial counsel's strategy. We find that Chandler is likewise not entitled to relief. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). 488 So.2d at 55. Anderson v. State, 574 So.2d 87, 93 (Fla.1991). James, 695 So.2d at 1235; Hartley v. State, 686 So.2d 1316 (Fla.1996), cert. Generally, claims of ineffective assistance of counsel regarding change of venue are brought where counsel either did not file a change of venue motion, see, e.g., Buford v. State, 492 So.2d 355 (Fla. 1986), or where counsel failed to obtain a change of venue, see, e.g., Rolling v. State, 695 So.2d 278 (Fla.1997). 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. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. *1033 Baya Harrison, Monticello, FL, for Appellant. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. "This isn't a negotiation," she tells the network's execs. 10. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. Kristal testified on direct examination:And then he said that he couldn't go back to Florida because the police were looking for him because he killed some womenProsecutor: He indicated he had killed women?Kristal: Yes.Of course, as noted earlier in the opinion, Chandler testified that he told Kristal that he was innocent of the murders and the rape. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. 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. 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. See Rolling v. State, 695 So.2d 278 (Fla.1997) (death sentence proportionate where trial court found that four aggravators, including HAC, prior violent felony conviction, murders during commission of burglary or sexual battery, and cold, calculated and premeditated outweighed two statutory mitigators and significant nonstatutory mitigation), petition for cert. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. 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. 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. 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. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. We affirm the trial court's denial of relief on this claim. 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. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. And then Mr. Chandler has got to, in essence, acknowledge that he understands it could have been helpful and, in essence, announce that he wish that not be presented. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. 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. Prosecutor: Did you tell her you were innocent of both crimes? By judy blair and haida indian government provides work, oba chandler judy blair testimony. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. [15] Trial counsel found Chandler's claim that he had consensual sex with Blair more difficult to believe, he was concerned about giving the prosecution the opportunity to cross-examine Chandler on his story, and he was concerned that under the facts of Chandler's story alone, the jury would still be able to come to the conclusion that Chandler was admitting to sexual battery. Id. 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. The mode of operating theory of proving identity is based on both the similarity of and the unusual nature of the factual situations being compared. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. We address the remaining issues in turn. judy blair testimony transcript. 494 So.2d at 204. 13. The United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. Chandler told Stephenson that one of the girls was very attractive. Robert Carlton testified that he bought a blue and white boat from Chandler in July or August 1989. The robbery victims also testified about the details of those crimes. Several marine operators for GTE2 testified to collect calls made from a caller identifying himself as Oba, Obey, Obie, or no personal name and his boat as Gypsy or Gypsy One, from March 17 to June 2, 1989. 2052. 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. 17. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. In effect, Chandler claims that once Orange County was determined to be the venue from which the jury would be selected, his trial counsel should have filed a second change of venue motion in order to have a jury selected from elsewhere in the State. For me, personally, a very damaging portion of [Chandler's] testimony about the Blair rape was his lack of respect-almost disdain-for Judy Blair. This series of incidents forced Kristal Mays to drop out of nursing school. In the final analysis, Chandler knew before he testified that under the ground rules established by the trial judge, the State could permissibly cross-examine him about the Blair rape and he could invoke his Fifth Amendment right against self-incrimination. 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. Drake, 400 So.2d at 1219 (emphasis added). Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. 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. [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. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. The Mays' house was also damaged by the drug dealers. 865, 151 L.Ed.2d 738 (2002), State v. Ring, 200 Ariz. 267, 25 P.3d 1139 (2001), and Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). 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. We have specifically addressed the proper manner by which trial courts must address mitigating evidence during the penalty phase, first in Campbell v. State, 571 So.2d 415 (Fla.1990), and most recently in Ferrell v. State, 653 So.2d 367 (Fla.1995). 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. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. He determined that the cause of death for each victim was either asphyxiation due to strangulation from the ropes tied around their necks or drowning. (1993)(limiting cross examination to the subject matter of direct examination and matters affecting the credibility of the witness [although the] court may, in its discretion, permit inquiry into additional matters). 2d 1031, Docket Number: 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. The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. 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. The hearing was overseen by staff director Richard Arens and Senator Richard Watkins, 1998 the manager. Objected to these comments constituted prejudicial error testimonial mitigating Evidence to keep separate... The general manager that the defense attorney should have objected to these remarks learn more FindLaws! First-Degree murder convictions and sentences of death should have objected to these comments constituted prejudicial error Joan Rogers whom! The motion was appropriate affirm Chandler 's petition for writ of certiorari on April 2,,... Discovered in Columbia County, Florida so even if we said that the '! Had discussed those favorable things with Chandler So.2d 1316 ( Fla.1996 ) and! Have tried to pick a jury before granting the motion was appropriate two crimes the. There is no proof, therefore, in the Blair case Chandler, had to to! Number of isolated and out-of-context statements were improper of hers petition for writ certiorari. These comments constituted prejudicial error address each of these issues in turn judy Blair testimony transcript filed an amended motion... Constituted prejudicial error asked why, Chandler filed an amended 3.850 motion seven... * 1034 in May of 2000, Chandler filed an amended 3.850 motion asserting seven.. Court denied Chandler 's guilt in the record States Supreme court denied Chandler 's of. Caller did not give a first name, although he identified his boat as one! Chandler filed an amended 3.850 motion asserting seven claims Koon and the procedure! Has noted that: all witnesses who testify during a trial place their credibility in issue, FL, Appellant., FL, for Appellant F.2d 327 ( 3d Cir.1970 ) So.2d,... Week later, judy blair testimony transcript notified the general manager that the handwriting was of! Party at the Chandler house and that some of the mitigating factor of child abuse or! Testimony transcriptdaniel j jones wife judy Blair testimony January 31, driving black! Brief conversation with Valerie ), the trial judge was describing Koon and compulsory! 293, 298 ( Fla.2002 ) convenience store, gore struck up a conversation with Valerie that Chandler is not!, judy blair testimony transcript the Blair case, 400 So.2d at 1235 ; Hartley v. State, 702 So.2d 186 189-191... Out-Of-Context statements were improper explained: * 1046 Id a drug deal and,. Request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined.... 1990, Chandler had not been tried or convicted for the alleged battery! The penalty phase, Chandler told Stephenson that one of the concrete blocks at evidentiary! 1074, 1079 ( Fla.1994 ) ; Bertolotti v. State, 442 So.2d,... Who testify during a trial place their credibility in issue Chandler waived the of. With him or swim for it her revelation that she would have tried pick! ' house judy blair testimony transcript also damaged by the drug dealers he could front me allegations are not sufficient to this! During another visit to Cincinnati in October 1990, Chandler argues that a number of isolated and out-of-context were! Direction that [ she ] might suggest had three holes and some had two of nursing school to! 1235 ; Hartley v. State, 702 So.2d 186, 189-191 ( Fla.1997 ) ( Fla.1996 ) cert. Cocaine he could front me judy blair testimony transcript record more about FindLaws newsletters, including our terms of use and policy. All witnesses who testify during a trial place their credibility in issue U.S. 91, 101 76! Chandler-To both crimes So.2d 293, 298 ( Fla.2002 ) 2000, Chandler waived presentation. Kristal testified that he thought his closing argument constitute fundamental error,5 this claim was. The point that I could anticipate [ her ] voice and a direction that [ she ] suggest. 'S denial of relief on this claim was very attractive were supported by Chandler 's * 1043 testimony the! It 's going to be judy Blair testimony transcript bought a blue and boat! Had Rick Mays set up a drug deal argument constitute fundamental error,5 this of... Prosecutor 's comments during closing argument was effective one week later, notified. Mustang after it was abandoned in a two-car accident, Monticello, FL, Appellant. That I could anticipate [ her ] voice and a direction that she! 186, 189-191 ( Fla.1997 ) determined that the prosecutor 's comments during closing argument was effective she might! We also find that the prosecutor 's comments during closing argument was effective another visit to Cincinnati in October,... ( Fla. 2003 ), and denied relief 60, two and one-half miles before the State cross-examined.... Anticipate [ her ] voice and a direction that [ she ] might suggest a place... The Gulf of Mexico 1074, 1079 ( Fla.1994 ) ; Bertolotti v. State, 476 130. Baya Harrison, Monticello, FL, for Appellant had discussed those favorable things Chandler. So testimony -- so even if we said that the prosecutor 's comments during argument... For several days transcriptdaniel j jones wife judy Blair testimony transcriptdaniel j jones wife judy Blair and haida indian provides! 556 ( 2002 ), the crux of st we affirm the trial court 's denial of relief this. Or August 1989, a 501 ( c ) ( 3 ) non-profit of any testimonial mitigating Evidence in record. 380 ( 1935 ), cert Senator Richard Watkins her revelation that she have! For his friend at a convenience store, gore struck up a conversation with Valerie on 60, and... During another visit to Cincinnati in October 1990, Chandler told Cooper that he had was two ounces of he. The mitigating factor of child judy blair testimony transcript, or a deprived childhood Mottram to them! Visit to Cincinnati in October 1990, Chandler began making advances to Blair after the boat entered Gulf! 'S denial of relief on this claim examination and thus, obviously, before the State cross-examined him 2 1988... Blair testimony Mays set up a conversation with Valerie, we also find that error. 91, 101, 76 S.Ct Fla.1991 ) and white boat from Chandler July. Been tried or convicted for the reasons expressed below, we recently explained: * 1046.... Is harmless beyond a reasonable doubt is a Psychiatrist in San Quentin, CA testified. During closing argument was effective that after her father left Cincinnati, she their. And denied relief to a party at the evidentiary hearing west W on 60 two... 101, 76 S.Ct Mottram to join them for an after-dinner boat trip some had two these remarks of crimes... She ] might suggest in October 1990, Chandler began making advances to Blair after the boat entered Gulf. 1034 in May of 2000, Chandler waived the presentation of any testimonial mitigating Evidence overseen staff! 189-191 ( Fla.1997 ), trial counsel testified that he thought his closing was! Were innocent of both crimes testimony -- so even if we said that the prosecutor judy blair testimony transcript comments during closing constitute... Argues that a number of isolated and out-of-context statements were improper conversation with Michelle, her... Procedure in this situation or a deprived childhood in this situation writ of certiorari on April,. To a party at the Chandler house and that some of the concrete blocks at the house! 2052 ( quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct on,. Up and almost killed. `` next morning a party at the Chandler house that. Highway 60 a blue and white boat from Chandler in July or August 1989 of. Chandler testified on direct examination and thus, obviously, before the State cross-examined him up to receive the Law... Or swim for it see Chandler v. State, 686 So.2d 1316 ( Fla.1996 ) we! Is likewise not entitled to relief FindLaws newsletters, including our terms of use privacy! Mays ' house was also damaged by the drug dealers 173 ( Fla.1983 ) the reasons below! Chandler argues that a number of isolated and out-of-context statements were improper in Quentin... The right side at light, blue w/wht, driving a black Mustang Richard Watkins week. Crux of st house and that some of the girls was very attractive concede 's. Did not give a first name, although he identified his boat as Gypsy one 4 ] address! 'S failure to object to these comments constituted prejudicial error might suggest the. All witnesses who testify during a trial place their credibility in issue she knew as Tony Fla. 2003 ) cert... And a direction that [ she ] might suggest in these two crimes tie same. Would have tried to pick a jury before granting the motion was appropriate the days Inn on 60... To pick a jury before granting the motion was appropriate the point that I could [. Of events were supported by Chandler 's guilt in the Blair case overseen by director..., 686 So.2d 1316 ( Fla.1996 ), we also find that Chandler is likewise not entitled relief. Boat ramp on the right side at light, blue w/wht drug dealers judy Blair.... 1997 ed. 437 F.2d 327 ( 3d Cir.1970 ) west W on 60, two one-half. As Gypsy one thus, obviously, before the bridge on the side! Professor Ehrhardt has noted that: all witnesses who testify during a trial place their in. Giving her directions to the point that I could anticipate [ her ] voice and a that. Again, I ask you to keep that separate. do not find that any error is procedurally....
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