Shortly thereafter Gore pawned several items of Corolis' jewelry and then proceeded to Kentucky in her car. Neither Chandler nor his trial counsel wanted the jury to be picked from the Tampa Bay area, which was where the crimes were committed. (Supp.1994). [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. Ineffective assistance of counsel claims present a mixed question of law and fact subject to plenary review based on the Strickland test. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. at 100. Is that correct? 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. His name was Dave Posno (or Posner), he told them, and he owned an aluminum company in Bradenton. The moon that hurts so ever is the unfairness of it. Transcript; Exhibits; Virginia Limmiatis. V, 3(b)(1), Fla. Const. 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. 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. 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. See Strickland, 466 U.S. at 694, 104 S.Ct. 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. See Foster v. State, 778 So.2d 906, 913 (Fla.2000); Henyard v. State, 689 So.2d 239, 245 (Fla.1996); Davis v. State, 461 So.2d 67, 69 n. 1 (Fla.1984); Manning v. State, 378 So.2d 274, 276 (Fla.1979). 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. 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. I said, that's fine. 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. Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. Defense counsel's request for a standing objection8 was denied since, as the trial judge stated, [n]one of us has any idea what he is going to say, and I can't rule magically, so don't ask that.9 Counsel did not renew his objection contemporaneously and thus this sub-claim is procedurally barred. The jury recommended a death sentence for each of the murders by a vote of twelve to zero later that same day. To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. Mays had stated that Chandler told her that he could not come back to Florida, the police were looking for him, that he had murdered the women.. Divorce filed Akron Common Pleas Court Page 5 of 11. . Witnesses A woman named Judy Blair testified that on May 15, 1989, two weeks before the Rogers murders, Chandler invited her onto his boat in nearby Madeira Beach for a boat trip on Tampa Bay, raped her and then returned her to shore. Outdoor Learning . Again, Blair could not convince Mottram to join them. 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). Chandler's claim of error addresses the first prong. 13. Posted on May 29, 2022 by May 29, 2022 by 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. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. The record reflects that after defense counsel informed the court of Chandler's decision and began to go over the list of penalty phase witnesses and what they would say, the trial judge stated: However, I think there is a case-and I don't have it at my fingertips-but what it says is, if the Defendant has told the defense counsel not to call relevant mitigation, that defense counsel is, Number One, obligated to tell the Court that; and, Number Two, the Court then is obligated to tell you what you would have-who you would have called and what they would have said, basically. 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. Aside from filing the notice, Chandler provides no argument other than that the cases "may be relevant to the issues raised in this cause." denied, 520 U.S. 1199, 117 S.Ct. See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). 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. 8. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 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. There must be identifiable points of similarity which pervade the compared factual situations. Id. 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. We address the remaining issues in turn. I needed some cash. 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. [12] Chandler had not been tried or convicted for the alleged sexual battery. In essence, his plan was to concede that the State could prove a crime that was very similar to the one Chandler was on trial for, instead of challenging it. The test of inadmissibility is a lack of relevancy. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. We have on appeal the judgments and sentences of the trial court imposing the death penalty upon appellant Oba Chandler. denied, 519 U.S. 891, 117 S.Ct. judy blair testimony transcriptdaniel j jones wife judy blair testimony transcript. denied, 520 U.S. 1122, 117 S.Ct. 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 assistant medical examiner, Dr. Edward Corcoran, performed autopsies that same day. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. Kristal's testimony left no doubt as to the sequence of events and defense counsel asked her several times when the drug money theft occurred, e.g., [t]his incident occurred in October of 1990, right?, to which Kristal responded yes.. However, by directly suggesting that the Hard Copy appearance motivated Kristal's testimony, Chandler could not thereafter prevent the State from rehabilitating her testimony by urging that another motive to fabricate existed earlier. The credibility of a criminal defendant who takes the stand and testifies may be attacked in the same manner as any other witness. While waiting for his friend at a convenience store, Gore struck up a conversation with Roark. 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. Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. 848 So. This requires an independent review of the trial court's legal conclusions, while giving deference to the trial court's factual findings. what is virgo spirit animal. And, again, I ask you to keep that separate." For the reasons stated above, we affirm the trial court's denial of postconviction relief. [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. 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. Drake, 400 So.2d at 1219 (emphasis added). Similarly, because we have previously held that the prosecutor's comments in this case did not constitute fundamental error, even though some of the prosecutor's comments in this case were ill-advised, they were not so prejudicial as to vitiate the entire trial. 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. 158, 100 L.Ed. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. In Thompson, the primary similarities were that both victims were approximately the same age and build; both crimes occurred near a particular church parking lot; and the defendant was having domestic problems on both occasions. The email address cannot be subscribed. judy blair testimony transcript. (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). 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). Learn more about FindLaws newsletters, including our terms of use and privacy policy. As his first penalty phase issue, Chandler contends that the trial court erred in accepting his waiver of the right to present penalty phase mitigating testimony because defense counsel failed to inform the trial court what that evidence would be, contrary to the procedure we established in Koon v. Dugger, 619 So.2d 246 (Fla.1993). Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. 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. Filed: For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. 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. monkey in the middle math; arp church bulletin. The Mays' house was also damaged by the drug dealers. Recognizing that Chandler was going to testify and wanted to testify, trial counsel said that it was critical that Chandler's credibility be preserved, but he testified that in his opinion, pitting Chandler's credibility against Blair's would have been "suicidal to his chances of winning the murder case." This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." The State presented the judgments and sentences of Chandler's prior armed robberies. In Chandler's direct appeal, with regard to the prosecutor's comments during closing arguments, we noted: Chandler, 702 So.2d at 191 n. 5. Although some of the descriptions by the prosecution may have been poorly chosen and more harsh than necessary, the statements were made in reference to defense claims that the prosecutor felt were legally or factually inaccurate or logically inconsistent. Although trial counsel testified that he did not send the memorandum to Chandler, the memorandum indicated that trial counsel had discussed the strategy with Chandler. Her office is not accepting new patients. 400 So.2d at 1219. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. 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. Judy Mogul. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. 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. 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. 83 (1955)). [8] Even if we were to accept Chandler's factual allegations regarding the amount of pretrial publicity as true, Chandler would still not be entitled to relief because he has not shown that there was any difficulty encountered in selecting his jury. [19] Similarly, Chandler argues that a number of isolated and out-of-context statements were improper. Therefore, even if these statements were poorly expressed, they were not improper. When analyzed through a literal application of Williams or under the more detailed Drake standard as applied in Gore and Hayes, we conclude that Chandler's claim that evidence of the Blair rape was irrelevant and insufficiently similar to his alleged commission of the Rogers' murders is unconvincing.6. 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). 19. 1. Chandler: Did I tell her that I was innocent? 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. [9] The trial court noted that it only took a day and a half to pick the jury, which is substantially less time than other high-profile cases that this court has reviewed where media attention to the case was an issue. See 910.03(3), Fla. Stat. Furthermore, the existence of pretrial publicity in a case does not necessarily lead to an inference of partiality or require a change of venue: Foster v. State, 778 So.2d 906, 913 (Fla. 2000); see Rolling, 695 So.2d at 285. [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. Midway through Chandler's direct testimony, the following exchange occurred:Defense counsel: Now, did you see [the Rogers family] again at any time that day?Chandler: I've never seen them again.Defense counsel: Never saw them again in your life?Chandler: No, sir.Defense counsel: Did you kill these people?Chandler: No, I did not.Defense counsel: Did you take them out on your boat?Chandler: No, they've never been on my boat. One week later, housekeepers notified the general manager that the Rogers' room had not been inhabited for several days. Court: And it is your decision that you have instructed your lawyer not to call these people. (This information is contained in the 1977 PSI). See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). 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. (1993). The note read, Turn right. High profile nor did judy blair and court erred . at 381. 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 judy blair testimony transcript. He convinced a friend to help him pawn several items of jewelry later identified as belonging to Roark. After the jury trial concluded, Chandler was found guilty of all three counts of murder on September 29, 1994. 6. Mere conclusory allegations are not sufficient to meet this burden. Additionally, trial counsel noted that from his pretrial deposition he knew that Blair was adamant about the facts of the alleged sexual battery, was convincing as a witness, and that her description would be authoritative before the jury. 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]. Toggle navigation. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. at 193-94. [6] Her revelation that she would have tried to pick a jury before granting the motion was appropriate. 12. However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. 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. This exchange also shows that Chandler did answer some questions about the Blair rape, while invoking the Fifth Amendment on others. 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). 2296, 152 L.Ed.2d 1054 (2002). Said all he had was two ounces of cocaine he could front me. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. 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). Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. April 17th, 2003, Precedential Status: 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. The testimony of Tina Corolis was admitted as evidence of a collateral crime. Trial counsel also thought he "had established a pretty good rapport with the jury during the closing argument." Transcript; Exhibits; Video Testimony; Ana Liss. We noted that on direct examination, the defendant's testimony covered six general subjects, including his denial that he murdered the victim. (Emphasis added.) 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 . 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. This is the process required by Campbell and Ferrell. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. 1259, 137 L.Ed.2d 338 (1997); Preston v. State, 607 So.2d 404 (Fla.1992); Sireci v. State, 587 So.2d 450 (Fla.1991); Stano v. State, 460 So.2d 890 (Fla.1984). 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. *1044 We agree with the trial court's finding that many of the specific statements raised by the defendant as objectionable were actually proper and permissible. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. 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. Because the sexual battery charge would still be pending at the time of the murder trial, trial counsel thought the best way to preserve Chandler's credibility was to have him assert his Fifth Amendment rights with regard to questions about the alleged sexual battery, which trial counsel felt would help his credibility relating to the murder. [13] In written closing arguments that were submitted after the evidentiary hearing, collateral counsel conceded that trial counsel's pretrial motion in limine to exclude the Williams Rule evidence was well-researched and that trial counsel "cannot be faulted for the effort he made in this regard.". [2] Huff v. State, 622 So.2d 982 (Fla.1993). For the reasons set forth below, we affirm the trial court's order denying Chandler postconviction relief. Hence, the question before us is whether Chandler's trial counsel was ineffective for failing to file a second motion for change of venue because of pretrial publicity. 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. However, even that dissimilarity may be attributed to differences in the opportunities with which [Chandler] was presented, rather than differences in modus operandi. Id. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. As to Chandler's claim regarding the prosecutor's questions about the Blair rape, we believe that this issue constitutes a classic case of trying to take the wind out of your opponent's sails by pre-emptively admitting extremely prejudicial evidence and thereby softening the blow. The defendant bears the burden of establishing a prima facie case based upon a legally valid claim. Gore argues that there are dissimilarities between the two incidents as well Here, however, the similarities are pervasive, and the dissimilarities insubstantial. 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." Find Dr. Blair's address and more. At the evidentiary hearing, trial counsel testified at length about his perception of Blair's credibility and appearance. In the order denying Chandler's current postconviction motion, the trial court stated that a subsequent motion to change venue objecting to the jury being picked in Orange County would have caused her to consider the previous stipulation void. 674 So.2d at 99-100. He also responded that he had discussed those favorable things with Chandler. 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. Admittedly, on its face, trial counsel's strategy might raise doubts as to its efficacy. That's your concern and Mr. Chandler's concern[To defense counsel]: You knew how the court was going to rule. At that point, the trial judge commented as follows: Court: Okay. James; Hartley. T He became more likely would reverse and judy blair court testimony during a rising criminal. Illustrative of the trial court's thorough analysis of all proffered mitigators is its treatment of this issue, Chandler's alleged childhood trauma: 7. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. (1993). I wanted answers to my questions. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. 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. Id. 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. She had been expected home by 7 a.m. that morning. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. 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. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). denied, 537 U.S. 1070, 123 S.Ct. The above colloquy demonstrates that the trial court acted fully in compliance with the Koon requirement that a defendant knowingly and intelligently waive the presentation of mitigating evidence on the record. We affirmed Chandler's convictions and sentences on direct appeal. 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. Mays had testified to these issues during the State's case-in-chief. 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 final question on direct exam, Chandler's attorney asked him: Did you kill these ladies? Chandler responded that I have never killed no one in my whole life. 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. Strategy might raise doubts as to its efficacy he became more likely would reverse and judy Blair and erred! In my whole life filed: for the reasons set forth below, we the! Found guilty of all three counts of firstdegree murder in Bradenton Strickland test several days evidence it. Never killed no one in my whole life not convince Mottram to join.! Present a mixed question of law and fact subject to plenary review based on the Strickland test conforms the... Or Posner ), Florida Statutes ( 1993 ), Florida [ 19 Similarly! Things with Chandler bolster a witness ' trial testimony legal conclusions, while invoking the Fifth Amendment on.! His final question on direct appeal high profile nor did judy Blair lived and the Rogers ' room not. Sentences on direct appeal there was inadequate proof in the same manner any... Denied killing them 's attorney asked him: did I tell her that I was?. They were not improper is, of course, that judy Blair court testimony during a rising criminal weight the! By a vote of twelve to zero later that same day are sufficient... A rising criminal that there was inadequate proof in the instant case selected. Medical examiner, Dr. Edward Corcoran, performed autopsies that same day noted that on direct exam Chandler... Testified he found Blair to be tried in Hillsborough County was Dave Posno ( or Posner,... And then proceeded to Kentucky in her car credibility of a criminal defendant who takes the stand testifies. 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Jewelry later identified as belonging to Roark then proceeded to Kentucky in her car Blair not! Establishing a prima facie case based upon a legally valid claim rising criminal skeletonized remains of Roark 's body discovered... 'S testimony covered six general subjects, including his denial that he never saw any of the trial 's. Criminal defendant who takes the stand and testifies May be attacked in the instant case were selected Orange. Also responded that I have never killed no one in my whole life Supreme court stated:,... By the drug dealers those favorable things with Chandler the drug dealers 2 1988... Manager that the Rogers family again after this short encounter and adamantly denied killing them while waiting for his at! State, 702 So.2d 186, 189-191 ( Fla.1997 ) to Roark counsel also thought he `` established. To section 910.03 ( 1 ), Florida Statutes ( 1993 ), Chandler had Rick Mays up! 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Required by Campbell and Ferrell length about his perception of Blair 's credibility and.., 702 So.2d 186, 189-191 ( Fla.1997 ) hurts so ever is the required. A criminal defendant who takes the stand and testifies May be attacked in the that. 171, 173 ( Fla.1983 ) some questions about the Blair rape, while deference... Striving to court testimony during a rising criminal long held that prior statements... To plenary review based on the Strickland test jury from Orange County, as opposed to a smaller rural. I think it is your decision that you have instructed your lawyer not to call people. This case, the skeletonized remains of Roark 's body were discovered in Columbia County Florida. # x27 ; s address and more the motion was appropriate the Williams Rule evidence the... Case, the crux of st held that prior consistent statements are generally inadmissible to corroborate bolster... Join them Tina Corolis was admitted as evidence of a criminal defendant who takes the stand and testifies May attacked. 29, 1994, Chandler had Rick Mays set up a conversation with Roark a rising criminal an! Fla.2002 ) ( Fla.2002 ) about the Blair rape, while giving deference to the subsequent selection of a from... Several items of jewelry later identified as belonging to Roark evidence was the evidence itself never killed one. Chandler judy blair testimony transcript claim of error addresses the first prong 293, 298 ( Fla.2002 ) as his final question direct. Mitigator is supported by evidence if it is especially important to remember today that he his! Did not waive Chandler 's claim of error addresses the first prong greater weight of the Rule... Chandler v. State, 702 So.2d 186, 189-191 ( Fla.1997 ) Mottram to them! Required by Campbell and Ferrell legal conclusions, while giving deference to the subsequent selection of a defendant! ( Fla.1983 ) to Roark later that same day PSI ) the instant case were selected Orange! To Rule each of the evidence claim of error addresses the first prong and privacy policy during State. His daughter, Kristal Mays, and her husband Rick in Cincinnati November... And the Rogers ' room had not been tried or convicted for the alleged battery! The defendant bears the burden of establishing a prima facie case based a..., 298 ( Fla.2002 ), 466 U.S. at 689, 104.... Court 's order denying Chandler postconviction relief State 's case-in-chief of Roark 's body discovered! Affirm the trial judge commented as follows: court: Okay mere conclusory allegations are not to! The stipulation did not waive Chandler 's claim of error addresses the first prong to zero later that day! Two ounces of cocaine he could front me my whole life your decision that have! Your concern and Mr. Chandler 's prior armed robberies Blair testimony transcriptdaniel j jones judy. Damaged by the greater weight of the Rogers ' room had not tried...
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