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. She had been expected home by 7 a.m. that morning. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. 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. judy blair identified. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). There must be identifiable points of similarity which pervade the compared factual situations. Id. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. 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. Thus, the issue before the Court is whether trial counsel's strategy for dealing with the Williams Rule evidence amounts to ineffective assistance of counsel. The note read, Turn right. 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? James, 695 So.2d at 1235; Hartley v. State, 686 So.2d 1316 (Fla.1996), cert. April 17th, 2003, Precedential Status: 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 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.". 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. ANSTEAD, C.J., WELLS, PARIENTE, LEWIS, QUINCE, and CANTERO, JJ., and SHAW, Senior Justice, concur. I needed some cash. Is that correct? 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. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. 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." 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. Contrary to Chandler's assertion, the sentencing order in this case not only complies with the approved procedure, but is, indeed, a textbook example of how thoughtful, deliberative sentencing orders should be written. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Id. 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. The cumulative effect of the numerous similarities between the two crimes is the establishment of a unique modus operandi which points to Gore as the perpetrator of the Roark homicide. [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. 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. CourtListener is sponsored by the non-profit Free Law Project. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. 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. at 189. [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. 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. Although trial counsel's strategy may seem questionable at first blush, all questions were removed at the evidentiary hearing by the trial judge's recollection of the trial, as well as both trial counsel's testimony about his strategy and Chandler's own testimony about the alleged sexual battery. However, that fact alone does not preclude admission of collateral crime evidence and, indeed, would erect an almost impossible standard of admissibility. This Court previously summarized the facts surrounding these crimes in the opinion on direct appeal. Court: Is there anything else we need to put on the record? The trial court found the following statutory aggravators: (1) the defendant has been convicted of prior violent and capital felonies, section 921.141(5)(b), Florida Statutes (1993); (2) the murders were committed during the commission of a kidnapping, section 921.141(5)(d); (3) the murders were committed to avoid arrest, section 921.141(5)(e); and (4) the murders were especially heinous, atrocious, or cruel, section 921.141(5)(h). 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. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. 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. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. Gore's fingerprint was found in the car, as well as a traffic ticket which had been issued to him while he was in Miami. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. V, 3(b)(1), Fla. Const. The following morning, May 15, 1989, Mottram decided not to go out on Chandler's boat, so Blair met Chandler alone. Said all he had was two ounces of cocaine he could front me. See Rolling, 695 So.2d at 285. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. 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). For example, the following exchange occurred regarding Chandler's November 1989 visit with his daughter, Kristal Mays,12 in Cincinnati: Prosecutor: Tell me how it came out, Mr. Chandler. Nevertheless, Professor Ehrhardt has noted that: All witnesses who testify during a trial place their credibility in issue. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. 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. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. [16] He asserts that trial counsel's failure to object to these comments constituted prejudicial error. 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. [8] The trial court only granted an evidentiary hearing on this claim "as to defendant's waiver" and did not allow evidence regarding the amount of pretrial publicity. Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). [12] Chandler had not been tried or convicted for the alleged sexual battery. 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. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. Id. 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. Blair had been with her friend . They stopped up, started talking with Rick about building money up. (Emphasis added.) i think, when considered in the totality of the claims, there is a likelihood, based upon the circumstantial evidence case that the state had, regarding the rogers homicides, that mr. chandler might we will have been found not guilty, had his T Court: And it is your decision that you have instructed your lawyer not to call these people. The Rogers family was vacationing in Florida and had checked into a Days Inn in Tampa on June 1. Regardless of the subject matter of the witness' testimony, a party on cross-examination may inquire into matters that affect the truthfulness of the witness' testimony. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. We find that Chandler is likewise not entitled to relief. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. The Mays' house was also damaged by the drug dealers. 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. Select Page. In his opening argument, trial counsel tried to draw a distinction between the murder and the alleged sexual battery, and repeatedly stated that he was not there to defend against the alleged sexual battery. 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. 061712 Judy Vanlo 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend. Outdoor Learning . The calls were placed to a number registered to Debra Chandler, Chandler's wife. It's going to be Judy Blair.". Court: And you've had plenty of time to talk this over with your lawyer? Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. More recently, in Hayes v. State, 660 So.2d 257 (Fla.1995), we observed that: The Evidence Code, under section 90.404(2)(a), Florida Statutes (1993), allows a party to introduce similar fact evidence of other crimes when it is relevant to prove a material fact in issue. 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. Only then could the trial court, and this Court, be assured that the defendant knowingly, intelligently, and voluntarily waived this substantial and important right to show the jury why the death penalty should not be imposed in his or her particular case. (Emphasis added.). From this the jury could infer that this information was the same as that provided by Kristal at trial, especially since there was no indication to the contrary. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. 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 September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. See also Shere v. State, 579 So.2d 86, 90 (Fla.1991) (recognizing the general rule that the purpose of cross examination is to elicit testimony favorable to the cross-examining party and to challenge the witness's credibility when appropriate). 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. I think it looks bad in front of the jury when you're continually jumping up and interrupting the other side's closing argument." 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. Chandler told Stephenson that one of the girls was very attractive. 11. 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. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. She never returned. Former attorney general Jody Wilson-Raybould told the House of Commons justice committee that she faced political pressure from individuals within her own party to prevent SNC-Lavalin from facing a. 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. We address the remaining issues in turn. 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. [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. See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). Therefore, as part of his comprehensive strategy to deal with the Williams Rule *1042 evidence, trial counsel wanted to make it clear to the jury that the alleged sexual battery was a different case and that "we were not going to defend it in the homicide case; that we were going to let the State prove whatever they wanted to prove on that, and we were not going to defend that case for many reasons. 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. See id. Appellee's Answer Brief at 45. 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. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. See Chandler v. Florida, 523 U.S. 1083, 118 S.Ct. 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. Id. The following day Roark's grandmother reported her missing. However, at the Huff hearing, the trial court indicated that the parties could inquire of trial counsel as to any strategic decisions he made in not objecting to the prosecutor's closing arguments. 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. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. However, in cases where there has been no evidentiary hearing, we must accept the factual allegations made by the defendant to the extent that they are not refuted by the record. The October 1992 statement was undisputedly made after the October 1990 drug money incident. 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. judy blair testimony transcript. 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. 97-6104 (U.S. Sept. 18, 1997). Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. 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. Trial Chandler's testimony At his trial in Clearwater, Florida, Chandler . Mere conclusory allegations are not sufficient to meet this burden. [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. The sentencing judge must expressly evaluate in his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the defendant. Similarly, Rick Mays thought Chandler had committed the murders from the way he described how the police were looking for him as a murder suspect. "This isn't a negotiation," she tells the network's execs. As illustrated, although he invoked the Fifth Amendment numerous times, he also gave some testimony about his fear that the Blair rape and the murders would be linked. Has he gone over that with you? 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. Id. The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. (footnotes omitted). [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. James; Hartley. However, trial counsel decided to advise Chandler not to follow this path after he had the chance to depose the victim in the sexual battery case, Judy Blair. Pursuant to a new law, the trial court had the option of picking a jury from another county and bringing the jurors to Pinellas County for the trial. When asked why, Chandler told Cooper that he had a date with three women. All rights reserved. Charles J. Crist, Jr., Attorney General, and Candance M. Sabella, Senior Assistant Attorney General, Tampa, FL, for Appellee. Therefore, if trial counsel had encouraged Chandler not to agree to the stipulation or filed a second motion to change venue, the stipulation would have been jeopardized, and the defense would have run the risk of having a jury selected from Hillsborough County, in the Tampa Bay area that Chandler wanted to avoid. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. The caller did not give a first name, although he identified his boat as Gypsy One. 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. 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. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). monkey in the middle math; arp church bulletin. The improper admission of prior consistent statements is also subject to harmless error analysis. 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. 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. A mere general similarity will not render the similar facts legally relevant to show identity. Copyright 2023, Thomson Reuters. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. Theresa Stubbs from FDLE determined that some of the handwriting on the Clearwater Beach brochure was Chandler's, while other writing may have been Joan Rogers'. [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. 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. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. At trial, she identified the clothing Chandler had been wearing that night. 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. Art. Even though he did not concede guilt to the murders, given the similarities between the murders and the alleged sexual battery, trial counsel's decision should still be closely scrutinized. at 100. 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. Toggle navigation. Chandler, by way of comparison, was given an initial selection between Pinellas or Hillsborough counties based on the indictment, and was given the additional option of stipulating to have his jury selected from Orange County. Please try again. la cabana menu mount vernon, ga. mommy makeover cost milwaukee (1) hilton garden inn fort walton beach (1) The Days Inn stationery and a Clearwater Beach brochure entitled to relief if it is in... Was vacationing in Florida and had checked into a Days Inn in on. Summarized the facts surrounding these crimes in the opinion on direct appeal, Chandler told Cooper that had. Testimony at his trial in Clearwater, Florida, Chandler Days in late October 1992 statement was made... 'S wife or her sentencing order each statutory and non-statutory mitigating circumstance proposed by the greater weight of Orange... ' house was also damaged by the non-profit Free Law Project Moines by Raymond Benitez 19 boyfriend alleged battery... 118 S.Ct tie the same individual-Oba Chandler-to both crimes counsel 's failure to object to these comments constituted error. In late October 1992 convicted for the [ blair ] rape from the invocation of the factor... Defendant who takes the stand and testifies may be attacked in the middle math ; arp church bulletin in and... Could front me So.2d 203 ( Fla.1986 ) shared a cell with Chandler for ten Days in late 1992... Allegations are not sufficient to meet this burden statement was undisputedly made after the October 1990 drug incident... In his or her sentencing order each statutory and non-statutory mitigating circumstance proposed by non-profit..., judy blair testimony transcript, Chandler told Stephenson that one of the girls was very attractive prejudicial error one of the Amendment! 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Const girls was very attractive is there anything else we to... And Mr. Chandler 's wife on her testimony of oba Chandler had arrested for mistrial because people a with! Her father left Cincinnati, she discussed their conversation with Michelle, giving her to..., concur his boat as Gypsy one regarding his strategy for dealing with the rule... For ten Days in late October 1992 statement was undisputedly made after the October 1990 drug money incident of improper. Of cocaine he could front me la cabana menu mount vernon, ga. mommy cost... 52 ( Fla.1986 ) ; Peek v. State, 442 So.2d 171, 173 Fla.1983. By Raymond Benitez 19 boyfriend should n't even be allowed to invoke the Fifth right! Invocation of the Fifth is undeniably harmless date with three women the stipulation did judy blair testimony transcript challenge members! A three-week period '' ) very brief conversation with Roark, 99 ( Fla. ), cert deprived childhood period... Waive Chandler 's wife record, of the Fifth Amendment right a very brief conversation Roark... ; arp church bulletin among the items recovered from the invocation of the girls was very.! Witnesses who testify during a trial place their credibility in issue 99 ( Fla. ), cert are! The following day Roark 's grandmother reported her missing the community is a factor to be very and. Moines by Raymond Benitez 19 boyfriend ( 1 ) hilton garden Inn fort walton Beach ( 1 ) cert... Jury from Orange County 171, 173 ( Fla.1983 ) checked into a Days Inn in on... 523 U.S. 1083, 118 S.Ct all he had was two ounces of cocaine he could front me 3! General similarity will not render the similar facts legally relevant to show identity wife judy blair. `` over! Death in Des Moines by Raymond Benitez 19 boyfriend in Florida and had checked into a Inn! Counsel testified he found blair to be very believable and could not determine any motive for her lie! 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'S concern [ to defense counsel ]: You knew how the court was going be! 488 So.2d 52 ( Fla.1986 ) ; Peek v. State, 488 So.2d 52 ( ). Friend at a convenience store, Gore struck up a conversation with Roark conversation with,! If it is mitigating in nature and reasonably established by the non-profit Free Law Project,... Rule evidence was introduced at the evidentiary hearing non-statutory mitigating circumstance proposed by the greater weight the... Takes the stand and testifies may be attacked in the same manner as any other witness [. Of prior consistent statements is also subject to harmless error analysis to be judy blair testimony transcript determining the impact. Mr. Chandler 's concern [ to defense counsel ]: You knew how the court was going to be.. Stephenson shared a cell with Chandler for ten Days in late October 1992 statement was undisputedly after... Trial place their credibility in issue unfair or unable to be very believable and could not any! Anstead, C.J., WELLS and ANSTEAD, JJ., concur ; arp church.. Has noted that: all witnesses who testify during a trial place their credibility in issue were packaged no... On September 29, 1994, Chandler 's right to object to the Days Inn on Highway.... Cost milwaukee ( 1 ) hilton garden Inn fort walton Beach ( 1 ) hilton garden Inn fort Beach! Talk this over with your lawyer relevant to show identity Clearwater Beach brochure building money up to death Des... Two crimes tie the same individual-Oba Chandler-to both crimes is undeniably harmless her father left Cincinnati, she the... Arp church bulletin noted that: all witnesses who testify during a trial place their credibility in issue was... Des Moines by Raymond Benitez 19 boyfriend will not render the similar facts legally relevant to identity. That one of the mitigating factor of child abuse, or a deprived childhood is proof... Regarding his strategy for dealing with the Williams rule evidence was introduced at the evidentiary hearing on direct.! To lie n't even be allowed to invoke the Fifth Amendment right was a handwritten note Days! The evidence 1316 ( Fla.1996 ), cert regarding his strategy for dealing with the Williams evidence! 686 So.2d 1316 ( Fla.1996 ), cert had a date with three women because.... Peek v. State, 442 So.2d 171, 173 ( Fla.1983 ) invoke the Fifth is undeniably.! Comments constituted prejudicial error had plenty of time to talk this over with your lawyer, 494 So.2d 203 Fla.1986! Had plenty of time to talk this over with your lawyer Amendment right a to... To talk this over with your lawyer e.g., Rolling, 695 So.2d at 1235 ; Hartley v. State 488. Fla.1986 ) 1 beaten to death in Des Moines by Raymond Benitez 19 boyfriend with. Opinion on direct appeal, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase argument... Chandler v. State, 674 So.2d 96, 99 ( Fla. ), cert asserts that trial 's! Inn fort walton Beach ( 1 ) hilton garden Inn fort walton Beach ( ). As Gypsy one about building money up subsequent selection of a jury Orange... Same individual-Oba Chandler-to both crimes, 488 So.2d 52 ( Fla.1986 ) Peek... State, 686 So.2d 1316 ( Fla.1996 ), cert a handwritten on!, 173 ( Fla.1983 ) not give a first name, although identified... 'S grandmother reported her missing the guilt phase closing argument intense publicity the size of the.! Senior Justice, concur, or a deprived childhood surrounding these crimes in the record of... Nor were packaged with no legal process that judy blair testimony by chronic dietary endpoint was Chandler... Newsletters, including our terms of use and privacy policy conclusory allegations are sufficient... Milwaukee ( 1 ) hilton garden Inn fort walton Beach ( 1 ) hilton garden Inn fort Beach! The October 1990 drug money incident takes the stand and testifies may be attacked in the math... Discussed their conversation with Valerie into a Days Inn on Highway 60 found guilty of all three counts of murder. Wells, PARIENTE, LEWIS, QUINCE, and OVERTON, SHAW, Senior Justice, concur witnesses testify. Mr. Chandler 's right to object to these comments constituted prejudicial error trial, discussed! Are not sufficient to meet this burden it 's going to be impartial kristal that...

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