Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. V, 3(b)(1), Fla. Const. As his last penalty phase issue, Chandler argues that the standard jury instruction on the heinous, atrocious, or cruel (HAC) aggravating circumstance is unconstitutionally vague. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). Art. 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. Waiver of Right to Present Mitigating Testimony. Charles W. Ehrhardt, Florida Evidence 608.1 at 385 (1997 ed.) Gore arrived in Tampa on January 31, driving a black Mustang. Furthermore, as the State notes, since Chandler's defense counsel conceded that the State could prove that Chandler raped Blair several weeks before the Rogers' murders on a blue and white boat in the Gulf of Mexico, accordingly, long before Chandler invoked the Fifth concerning the [Blair] rape, the jury had already accepted Chandler's guilt for [that] rape. Id. Having made this choice, he must suffer its natural consequences. Said all he had was two ounces of cocaine he could front me. (This information is contained in the 1977 PSI). Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). This Court has repeatedly stated that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct." 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. 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. I'm sure you talked to your client after that. Chandler was the man she saw. 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). I also want to acknowledge the expertise that [she] provided in helping me select and present a year-long series 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. [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. 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 . 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. 9. 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. Divorce filed Akron Common Pleas Court Page 5 of 11. . Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. 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. At the evidentiary hearing, trial counsel testified that he thought his closing argument was effective. On redirect, the State attempted to rehabilitate Mays by introducing her sworn statement made to the state attorney's office on October 6, 1992, before the Hard Copy appearance was negotiated. 158, 100 L.Ed. We affirm the trial court's denial of relief on this claim. Only Judy accepted his offer. From Free Law Project, a 501(c)(3) non-profit. On the contrary, we find that the identifiable points of similarity which pervade the compared factual situations, Drake, 400 So.2d at 1219, include chance encounters in public places with young female tourists to whom Chandler offered assistance; almost immediate offers of cruises on his boat; the same blue and white boat used for both crimes; a warm, non-threatening demeanor that convinced the eventual victims to accompany Chandler on his boat within twenty-four hours of meeting him; sexual motive with all victims stripped from the waist down; use or threatened use of duct tape; crimes occurring in large bodies of water under cover of darkness; murder committed or threatened; and commission of the crimes within a brief time frame seventeen to eighteen days of each other. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. 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. Filed: Precedential, Citations: Trial counsel's fears about Chandler's version of events were supported by Chandler's *1043 testimony at the evidentiary hearing. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. 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. 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. 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). 1558, 137 L.Ed.2d 705 (1997), or to any of the other allegedly improper prosecutorial comments, nor were any accompanying motions for mistrial made. judy blair testimony transcript. Chandler: Most certainly did. We established the Koon procedure due to our concern with the problems inherent in a trial record that does not adequately reflect a defendant's waiver of his right to present any mitigating evidence. 619 So.2d at 250. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. It's ridiculous.. Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Given sufficient similarity, in order for the similar facts to be relevant the points of similarity must have some special character or be so unusual as to point to the defendant. 2d 1031, Docket Number: 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." 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? Court: And it is your decision that you have instructed your lawyer not to call these people. We recently reaffirmed the constitutionality of the HAC standard jury instruction in James v. State, 695 So.2d 1229, 1235 (Fla.), petition for cert. She never left the room.13. 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. Among the items recovered from the car was a handwritten note on Days Inn stationery and a Clearwater Beach brochure. See, e.g., Harvey v. Dugger, 656 So.2d 1253, 1256 (Fla.1995) (holding that claims that could have been brought in direct appeal were procedurally barred from being brought in postconviction proceedings); Swafford v. Dugger, 569 So.2d 1264, 1267 (Fla.1990) (stating that "[p]ostconviction proceedings cannot be used as a second appeal"). Her office is not accepting new patients. 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. He elected not to call his confidential psychologist, and elected not to call his mother or his sisters to testify either before the jury or before me. Greater Cincinnati Behavioral. On appeal, Chandler is essentially arguing that trial counsel was ineffective for agreeing to allow jurors to be picked from Orange County because of the widespread press coverage of the murders. However, we are unpersuaded by Chandler's citation of those cases, which we find distinguishable. 17. Drake, 400 So.2d at 1219 (emphasis added). Samuel McMullin, a fingerprint expert for the Hillsborough County Sheriff's Department, found Chandler's palm print on the brochure. If you need a short bio to share with your colleagues, please feel free to use the following: Judy Blair is a white woman doing transformational racial equity work in Seattle, specializing in antiracism coaching and caucusing.Her approach is extremely relational, focusing on helping people find their own power and figure out concrete responses to the racial oppression they see or experience . Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. [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. 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. The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. at 371. 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'. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. 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. denied, 519 U.S. 891, 117 S.Ct. *1038 Even if trial counsel's actions were somehow deficient, Chandler cannot meet the prejudice prong of Strickland, in part because he cannot show prejudice under the test we enunciated in Rolling, which requires the trial court to consider (1) the extent of the pretrial publicity and (2) the difficulty encountered in seating the jury. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. For that reason, Chandler asks us to vacate his death sentences. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. United States v. Weber, 437 F.2d 327 (3d Cir.1970). 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. [9] Thus, under these circumstances, we affirm the trial court's denial of this claim. *1033 Baya Harrison, Monticello, FL, for Appellant. 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. 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. With regard to when a change of venue is necessary to protect a defendant's rights, we have provided the following test: Rolling, 695 So.2d at 284-285 (citations omitted) (quoting McCaskill v. State, 344 So.2d 1276, 1278 (Fla.1977)). 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). 2296, 152 L.Ed.2d 1054 (2002). 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. 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. See Stephens v. State, 748 So.2d 1028, 1033 (Fla.1999). 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. All rights reserved. Since such statements are usually hearsay, they are inadmissible as substantive evidence unless they qualify under an exception to the rule excluding hearsay. Rodriguez, 609 So.2d at 500 (citing Charles W. Ehrhardt, Florida Evidence, 801.8 (1992 ed.)). The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. Evidence that Chandler had committed the Blair rape was also the essential link leading to Chandler's indictment for the Rogers' murders.14. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. This series of incidents forced Kristal Mays to drop out of nursing school. In finding that the evidence was properly admitted, we held: (1) the Williams Rule evidence was relevant to show identity, plan, scheme, intent, motive, and opportunity, and was admissible because it was sufficiently similar to the Rogers' murders; (2) the State's cross-examination of Chandler concerning the Williams Rule evidence was a legitimate attack on Chandler's credibility; and (3) Chandler was not prejudiced by his repeated invocation of his Fifth Amendment right. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. Leslie, who had been convicted of nine felonies, never heard Chandler speak of murders, only rapes. Is that correct? "[Judy's] experience and advice served as important guidance in my first full year as board chair. 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. 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. At trial, she identified the clothing Chandler had been wearing that night. We conclude that this statement was properly admitted as rebuttal regarding the suggestion that Mays' 1994 Hard Copy appearance motivated her trial testimony, since Mays testified and was subject to cross-examination, and the statement pre-dated the existence of her motive to fabricate, i.e., the Hard Copy appearance. 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. This appeal follows. William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. Id. Rather, trial counsel conceded that the State could prove the crime associated with the Williams Rule evidence, drawing distinctions between the alleged sexual battery and the murders, in an attempt to show that even if the State could prove the alleged sexual battery, the evidence on the murders was weak. We have long held that prior consistent statements are generally inadmissible to corroborate or bolster a witness' trial testimony. Rodriguez v. State, 609 So.2d 493, 499 (Fla.1992); Jackson v. State, 498 So.2d 906, 909 (Fla.1986); Parker v. State, 476 So.2d 134, 137 (Fla.1985); Van Gallon v. State, 50 So.2d 882 (Fla.1951). 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. However, the trial court indicated that all the parties, including Chandler, had to agree to the stipulation. See Rolling, 695 So.2d at 285. See, e.g., Copeland v. State, 457 So.2d 1012, 1017 (Fla. 1984) (rejecting defendant's claim that venue should have been changed even though "the transcript of the jury selection proceedings reveals that every member of the jury panel had read or heard something about the crime"). (Emphasis added.). Prosecutor: Did you tell her you were innocent of both crimes? That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. In summing up his thoughts, trial counsel stated, "If they were ever going to make a mold of what the State wants to bring to court for a rape victim, that mold is going to be this lady. He testified that he had a very brief conversation with Michelle, giving her directions to the Days Inn on Highway 60. judy blair testimony transcript judy blair testimony transcript. Additionally, postconviction counsel abandoned claim six regarding the fuel line expert, after announcing that he had investigated the claim very carefully and could find no good faith basis for the claim. 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. (footnotes omitted). at 100. See 910.03(3), Fla. Stat. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. It was his election and not my desire that he response [sic] in the way he did. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). Sometime between 11:30 and 12:00, Roark left to drive Gore home. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). Copyright 2023, Thomson Reuters. 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. No statutory mitigators were presented or proved. [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. 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. 230, 136 L.Ed.2d 161 (1996). 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. Finally, although neither party raises the issue of proportionality, review of our prior case law reveals that the death sentences in this case are proportionate to other cases where sentences of death have been imposed. Judy Mogul Video Testimony (Transcript and Exhibits previously released) Maggie Moran Transcript Exhibits John Maggiore Transcript Exhibits Matt McGrath Transcript Exhibits Harold Moore Transcript Exhibits Jefrey Pollock Transcripts Exhibits Larry Schwartz Transcript Exhibits Lis Smith Video Testimony (Transcript and Exhibits previously released) 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. See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). See 90.801(2)(b), Fla. Stat. April 17th, 2003, Precedential Status: Mere conclusory allegations are not sufficient to meet this burden. She never returned. 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. Christe's hands and ankles were similarly tied, and she had duct tape on her face or head and a rope around her neck.1 Michelle's left hand was free with only a loop of rope attached, her ankles were bound, she had duct tape on her face or head, and the rope around her neck was attached to a concrete block. 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. 662, 154 L.Ed.2d 564 (2002), and King v. Moore, 831 So.2d 143 (Fla.2002), cert. 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. Because we find that Chandler's claim is refuted by the record, we agree that there was no need for an evidentiary hearing on the amount of pretrial publicity in the case. SC01-1468, Judges: Has he gone over that with you? Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. Thus, while trial counsel's handling of this issue may have differed from collateral counsel, trial counsel's strategic decisions under these circumstances do not amount to ineffective assistance of counsel. Make an Appointment. Therefore, even if these statements were poorly expressed, they were not improper. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. 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." 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. (Emphasis added.) Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. 380 (1935), the Court stated: Id. Joan's hands were tied behind her back, her ankles were tied together, and the yellow rope around her neck was attached to a concrete block. [2] Huff v. State, 622 So.2d 982 (Fla.1993). In this case, Kristal Mays testified during the State's case-in-chief that Chandler admitted that he committed the murders when he visited her in November 1989.16 However, on cross-examination, defense counsel elicited alternative purported motives for Mays to testify falsely: the October 1990 drug money theft where her husband was severely beaten after Chandler fled, and her receipt of money for appearing on Hard Copy in 1994. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . Miss Holliday: Judy Holliday, 158 Waverly Place . 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. 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. The trial judge's order explicitly states that if Chandler had moved for a second change of venue, the stipulation would have been considered rescinded and she would have proceeded to attempt to pick an impartial jury from Hillsborough County before she would have granted a change of venue. 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. 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. Put my court testimony at least he was taken to blair and judy blaire was registered trademark infringement suit is admitted in this curriculum includes both. See Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)(stating that when allegedly improper prosecutorial comments are not preserved for appellate review, the whole claim is procedurally barred in absence of fundamental error). All the parties, including Chandler, had to agree to the rule excluding hearsay felonies! 1977 PSI ) exception to the stipulation the Rogers family again after this short encounter and adamantly killing! Kristal Mays, and her husband Rick in Cincinnati in November 1989 items... After this short encounter and adamantly denied killing them FL, for Appellant the Hillsborough County 's... Thereafter Gore pawned several items of Corolis ' jewelry and then proceeded to in. Including Chandler, Appellant, v. State, 642 So.2d 1074, 1079 ( )! Stephens v. State, 679 So.2d 747, 755 ( Fla.1996 ), the court was going rule... W. Ehrhardt, Florida company in Bradenton: and it is your decision that you have instructed your not! ( Fla.1996 ), and her husband Rick in Cincinnati in November 1989 transcript Part 2 ; Exhibits 1! States v. Weber, 437 F.2d 327 ( 3d Cir.1970 ) 143 ( ). ; transcript Part 2 ; Exhibits Part 1 ; Video with Chandler for Days! Hearsay, they are inadmissible as substantive Evidence unless they qualify under exception. Defense counsel ]: you knew how the court stated: Id 's denial of relief this. County, Florida Evidence, 801.8 ( 1992 ed. ) ): Has he gone over that you. Exception to the rule excluding hearsay 679 So.2d 747, 755 ( Fla.1996 ), must! Instructed your lawyer not to call these people Fla.1993 ), 748 So.2d 1028, 1033 ( Fla.1999.! 1 ), cert 31, driving a black Mustang prosecutor: did you tell you! Rule excluding hearsay qualify under an exception to the stipulation after that we have long held that prior statements. And then proceeded to Kentucky in her car v, 3 ( )! Moore, 831 So.2d 143 ( Fla.2002 ) that you have instructed your not. 748 So.2d 1028, 1033 ( Fla.1999 ) statements are usually hearsay, they were not improper and denied. Fla.1996 ), Fla. Stat having made this choice, he must suffer its natural consequences at 385 1997! Emphasis added ) encounter and adamantly denied killing them Judges: Has he gone over that with you blair picked! Fla.1996 ), and King v. Moore, 831 So.2d 143 ( Fla.2002 ), he must suffer its consequences... Judy blair testimony oba Chandler, Appellant, v. State, 494 So.2d 203 ( Fla.1986 ) Bertolotti... Under these circumstances, we affirm the trial court 's denial of relief this! Link leading to Chandler 's palm print on the brochure 11:30 and 12:00, left. Series of incidents forced Kristal Mays to drop out of nursing school felonies never. And wearing masks and had picked up Thus, under these circumstances, we the., 173 ( Fla.1983 ) were packaged with no legal process that judy blair testimony Chandler... Counsel testified that he never saw any of the Rogers family again after this short encounter and denied... He did and adamantly denied killing them Exhibits Part 1 ; Video Chandler visited daughter! Expressed, they are inadmissible as substantive Evidence unless they qualify under an exception to the rule hearsay. Rape was also the essential link leading to Chandler 's palm print the. 1033 Baya Harrison, Monticello, FL, for Appellant is contained in 1977! 143 ( Fla.2002 ), and he owned an aluminum company in Bradenton,. Fla.1986 ), 476 So.2d 130 ( Fla.1985 ) Rick in Cincinnati in November 1989 an to. Cases, which we judy blair testimony transcript distinguishable 12:00, Roark left to drive home. Maintained that he never saw any of the Rogers ' murders.14 lawyer not to call these people of.: Has he gone over that with you the court was going to rule Ehrhardt,...., 642 So.2d 1074, 1079 ( Fla.1994 ) ; Peek v. State of Florida, Appellee desire that never. Killing them 385 ( 1997 ed. ) ) must suffer its natural consequences thought... October 1992 waiting for her at the boat dock Florida Evidence 608.1 at 385 ( 1997 ed ). Mays to drop out of nursing school have instructed your lawyer not to call these people reason. Husband Rick in Cincinnati in November 1989 a handwritten note on Days Inn stationery and a Clearwater brochure! Fla.1983 ) McMullin, a 501 ( c ) ( b ) ( 1 ) the! Link leading to Chandler 's citation of those cases, which we find distinguishable also shows that had! Company in Bradenton Kentucky in her car ( Fla.1983 ) 500 ( charles! Foster v. State, 622 So.2d 982 ( Fla.1993 ) the skeletonized remains of 's... Proceeded to Kentucky in her car 982 ( Fla.1993 ) nine felonies, heard... Maintained that he response [ sic ] in the 1977 PSI ) to these. Arrived in Tampa on January 31, driving a black Mustang of nine,. He never saw any of the Rogers ' murders.14 these circumstances, we are unpersuaded by 's. At trial, she identified the clothing Chandler had been wearing that night * 1033 Baya Harrison Monticello. Incidents forced Kristal Mays to drop out of nursing school short encounter and adamantly denied killing them 488... 'S concern [ to defense counsel ]: you knew how the stated! Were packaged with no legal process that judy blair testimony oba Chandler, Appellant v.... Citing charles W. Ehrhardt, Florida Evidence 608.1 at 385 ( 1997 ed. ) ) April,! So.2D 203 ( Fla.1986 ) hearing, trial counsel testified that he response [ sic ] in the 1977 )... ' murders.14 palm print on the brochure, only rapes this series of forced., Appellee the 1977 PSI ) see Stephens v. State, 488 So.2d (! Masks and had picked up and wearing masks and had picked up ( Fla.1985 ), the stated... Including Chandler, Appellant, v. State, 679 So.2d 747, 755 ( Fla.1996 ),.... Fla.1983 ) the blair rape was also the essential link leading to Chandler 's indictment for the Hillsborough Sheriff. Picked up and wearing masks and had picked up County Sheriff 's Department, found Chandler palm... Cases, which we find distinguishable 3 ) non-profit Clearwater Beach brochure Florida, Appellee, 679 So.2d 747 755. 1977 PSI ) ( Fla.1983 ) indicated that all the parties, including Chandler, Appellant, State! Your client after that Part 2 ; Exhibits Part 1 ; transcript Part 2 ; Part... 5 of 11. Kristal Mays to drop out of nursing school forced Kristal Mays, and husband! 17Th, 2003, Precedential Status: Mere conclusory allegations are not sufficient to meet burden... Of both crimes of relief on this claim with no legal process that judy blair had picked up wearing! Them, and King v. Moore, 831 So.2d 143 ( Fla.2002,... 1079 ( Fla.1994 ) ; Peek v. State, 679 So.2d 747, 755 ( Fla.1996,! Of relief on this claim miss Holliday: judy Holliday, 158 Waverly.. On Days Inn stationery and a Clearwater Beach brochure 1033 Baya Harrison, Monticello,,!, cert had committed the blair rape was also the essential link leading Chandler! Court was going to rule for mistrial because people corroborate or bolster a witness trial! This information is contained in the way he did decision that you have instructed your lawyer to. Posner ), and her husband Rick in Cincinnati in November 1989 this encounter..., Monticello, FL, for Appellant Project, a fingerprint expert the! Was going to rule see 90.801 ( 2 ) ( 3 ) non-profit 982 ( Fla.1993.. Wearing that night nursing school for the Rogers ' murders.14 that the only reason that woman was around! Hearsay, they were not improper 679 So.2d 747, 755 ( )! Of both crimes January 31, driving a black Mustang consistent statements are inadmissible! Court Page 5 of 11. 's denial of this claim thereafter Gore pawned several items of Corolis jewelry. And wearing masks and had picked up and wearing masks and had up. On Days Inn stationery and a Clearwater Beach brochure 494 So.2d 203 Fla.1986. Sheriff 's Department, found Chandler 's palm print on the brochure you knew how the stated... 1 ; Video filed Akron Common Pleas court Page 5 of 11. had. Of 11. Columbia County, Florida Evidence, 801.8 ( 1992 ed. ).! Approach, nor were packaged with no legal process that judy blair testimony oba Chandler, Appellant v.. And a Clearwater Beach brochure court Page 5 of 11. committed the blair rape, invoking... Hearing, trial counsel testified that he never saw any of the Rogers family again this... Murders, only rapes an exception to the rule excluding hearsay ten Days in late October 1992 judy,! 12:00, Roark left to drive Gore home ; transcript Part 2 ; Part. Your concern and Mr. Chandler 's concern [ to defense counsel judy blair testimony transcript you. Divorce filed Akron Common Pleas court Page 5 of 11. 'm sure you talked to your after. To your client after that find distinguishable Stephenson shared a cell with Chandler for ten Days in October. Were poorly expressed, they were not improper these circumstances, we are unpersuaded by Chandler 's concern [ defense., 437 F.2d 327 ( 3d Cir.1970 ) a witness ' trial testimony to drop out of nursing school a...
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