Furthermore, the fact that trial counsel's tactics did not secure the result defendant wanted does not mean that collateral counsel, who has the benefit of hindsight, can label trial counsel ineffective for failing to use an alternative tactic. Occhicone, 768 So.2d at 1048; see Shere v. State, 742 So.2d 215, 220 (Fla.1999); State v. Bolender, 503 So.2d 1247, 1250 (Fla. 1987). Id. Miss Holliday: Judy Holliday, 158 Waverly Place . Mays had testified to these issues during the State's case-in-chief. 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. Surely they could have told us of the Defendant's childhood and the effect, if any, of his father's suicide on the Defendant. The general manager contacted the police, who secured the room and obtained the hotel's records for the room. (1) All the victims were tourists; (2) the victims were young white females between 14 and 36; (3) the victims were similar in height and weight; (4) the victims met Chandler by chance encounter where he rendered assistance to them; (5) the victims agreed to accompany Chandler on a sunset cruise within twenty-four hours of meeting him; (6) Chandler was non-threatening and convincing that he was safe to be with alone; (7) a blue and white boat was used for both crimes; (8) a camera was taken to record the sunset in both crimes; (9) duct tape was used or threatened to be used; (10) there was a sexual motive for both crimes; (11) the crimes occurred in large bodies of water in the Tampa Bay area on a boat at night under the cover of darkness; (12) homicidal violence occurred or was threatened; (13) the crimes occurred within seventeen or eighteen days of each other; and (14) telephone calls were made to Chandler's home from his boat while still embarked either before or after these crimes. 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. Hayes, 660 So.2d at 261 (second emphasis added) (citations omitted). See id. 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. Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. 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. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. V, 3(b)(1), Fla. Const. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. 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 jury reconvened for the penalty phase the next day. Transcript Part 1; Transcript Part 2; Exhibits Part 1; Video . Toggle navigation. There must be identifiable points of similarity which pervade the compared factual situations. Id. 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) He invited them for a boat ride the next morning. 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. Garrett Graff . We went over this last night with everybody present. what is virgo spirit animal. See Chandler v. State, 702 So.2d 186, 189-191 (Fla.1997). 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. This recognition coincides with our characterization on direct appeal, which noted that some of the prosecutor's statements were "thoughtless and petty." 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. [2] Huff v. State, 622 So.2d 982 (Fla.1993). She wanted to know what I was doing in Cincinnati, so I told her that I had been accused of a rape in Madeira Beach, and they found three women floating in Tampa Bay they're trying to link me with. 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. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. In contrast, the equation in this case is exactly the opposite: numerous, significant similarities outweighing several dissimilarities explainable by the course of events and the opportunities presented to Chandler. Chandler claimed that he was out on his boat all night because his engine died after a hose burst, spilling all of his fuel. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. West W on 60, two and one-half miles before the bridge on the right side at light, blue w/wht. FBI agent James Mathis determined that the handwriting was that of Joan Rogers. CourtListener is sponsored by the non-profit Free Law Project. 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. Finally, in summing up his opening argument, trial counsel stated, "And ladies and gentlemen, in conclusion, the State is going to be able to prove, at least for their caseokay?the State will probably be able to prove to you the Madeira Beach rape. She never returned. (footnotes omitted). 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.)). 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. "[18] Taken in context, we do not believe that this brief comment by the prosecutor was an unfair or improper comment on defendant's Fifth Amendment rights. Date. Only Judy accepted his offer. 12. Greater Cincinnati Behavioral. 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). Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome." We note that Mottram refused to go for a cruise not once, but twice. 13. filed, No. 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. The Jan. 6 committee on Tuesday held its fourth public hearing on the U.S. Capitol insurrection, focusing on the pressure former President Trump exerted on state legislators and state and local . We At the evidentiary hearing, trial counsel gave a well-founded explanation for why he thought his strategy for dealing with the Williams Rule evidence was appropriate. [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. He had thought the night of the break downwas the weekend before that. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband Chandler: I went to the motel, checked in, give her a call. 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. See Strickland, 466 U.S. at 694, 104 S.Ct. Transcript; Exhibits; Virginia Limmiatis. [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. Moreover, the jurors in the instant case were selected from Orange County, as opposed to a smaller, rural community. *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. SC01-1468, Judges: The jury was made aware early on that Kristal had cooperated with the police and given them information about her father's visit and the statements he made. On direct appeal, Chandler did not challenge any members of the Orange County jury as being unfair or unable to be impartial. When asked why, Chandler told Cooper that he had a date with three women. Chandler: Did I tell her that I was innocent? However, he did present some documentary evidence, including records showing that he obtained his high school equivalency diploma and earned college credits while in prison. Later that same morning, at 9:52 a.m., Frances Watkins received a collect call from Gypsy One; the caller identified himself as Obie. He also testified that he never told Rollins Cooper that he had a date with three women. He became more likely would reverse and judy blair court testimony during a rising criminal. 8. 6. 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. I'm sure you talked to your client after that. The Blair incident was relevant and necessary to answer that question. Before absconding with some of the drug dealers' money, Chandler put a gun to Rick's head and said, Family don't mean s_ to me. After Chandler fled, Rick was badly beaten up and almost killed. Although the defendant offered numerous nonstatutory mitigators, the trial court only found that his honorable discharge from the U.S. Marine Corps and the length of his mandatory sentences were established as nonstatutory mitigation, but accorded each little weight. [1] The amended motion contained seven claims of ineffective assistance of counsel: (1) failure to prevent the prosecutor from making improper, prejudicial arguments to the jury; (2) ineffective assistance in dealing with the matter of venue; (3) failure to protect Chandler regarding the admission of evidence of a similar crime that was admitted pursuant to Williams v. State, 110 So.2d 654 (Fla.1959); (4) failure to protect the defendant from cross-examination regarding the similar crime evidence; (5) failure to investigate and present the defense that someone else had committed the homicides; (6) failure to investigate and present an expert witness to rebut the State's expert witness on boat fuel lines; and (7) counsel caused prejudicial statements regarding Chandler to be entered at trial. The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. *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. Transcript; . 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.". Once he got out twenty to thirty miles, Chandler told her to have sex with him or swim for it. Oba Chandler, a prisoner under sentence of death, appeals the trial court's denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Gore accompanied Roark to a party at the home of a friend of hers. Trial counsel testified he found Blair to be very believable and could not determine any motive for her to lie. However, a single sentence in a PSI, which also discusses his mother, a step-father, sisters and both step-brothers and half-brothers, is not sufficient proof of a mitigating factor. 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. Soraya Butler, Elizabeth Beiro, Carl Voeller, and Frances Watkins. Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (citations omitted). During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. On April 2, 1988, the skeletonized remains of Roark's body were discovered in Columbia County, Florida. [17] At the Huff hearing, the trial court determined and both counsel agreed that no evidentiary hearing was necessary to determine this issue. *1034 In May of 2000, Chandler filed an amended 3.850 motion asserting seven claims. The trial court's analysis conforms with the requirements we established in Campbell and Ferrell. at 664. In summary, we affirm Chandler's first-degree murder convictions and sentences of death. 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. 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). 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. The state also presented the testimony of Judy Blair and her companion Barbara Mottram concerning Chandler's sexual battery of Judy Blair in Madeira Beach. The calls were placed to a number registered to Debra Chandler, Chandler's wife. 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. at 381. (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 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. 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. (513) 354-7200. The trial court made an apt observation about Chandler's evidentiary hearing testimony: We agree with the trial court's characterization of Chandler's evidentiary hearing testimony. 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. 4. The moon that hurts so ever is the unfairness of it. map skills worksheets 6th grade; norwood hospital flooding pictures; maggie and jiggs figurines; kevin chapman lollujo denied, 537 U.S. 1070, 123 S.Ct. Moreover, trial counsel testified that he did not rely solely on his own perception of how the difference in credibility between Blair and Chandler would play out before the jury. 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. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). Therefore, any inference of guilt for the [Blair] rape from the invocation of the Fifth is undeniably harmless. Appellee's Answer Brief at 73. 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. [11] Postconviction counsel, while conceding that trial counsel did not admit guilt to the murders, compares this case to Nixon v. Singletary, 758 So.2d 618 (Fla.2000), wherein the Court held that defense counsel must have defendant's consent before counsel can make a tactical decision to admit guilt of murder during the guilt phase of a trial in an effort to persuade the jury to spare defendant's life during the penalty phase. 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. James, 695 So.2d at 1235; Hartley v. State, 686 So.2d 1316 (Fla.1996), cert. 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). Gore then proceeded to Miami, where police subsequently recovered Roark's Mustang after it was abandoned in a two-car accident. 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." Thereafter, when the time came, defense counsel did not allude to the Blair rape during his direct examination of Chandler. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. Since we do not find that the prosecutor's comments during closing argument constitute fundamental error,5 this claim of error is procedurally barred. High profile nor did judy blair and court erred . Furthermore, although we held that Chandler's claim regarding the prosecutorial comments during closing arguments was procedurally barred because trial counsel had not objected, we specifically found that they did not constitute fundamental error. Arens began the questioning as such: Mr. Arens: Kindly identify yourself by name and residence. The testimony about murdering their things were handwritten directions but judy blair testimony oba chandler house and judy blair evidence, oba chandler told them down from chandler later transported to her daughters. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. 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. When the Coast Guard recovered Christe's body, they had to cut the rope around her neck since they could not dislodge or pull up the heavy object at the end of the rope. 11. Revathi Constructions is a Leading Construction Company in Trichy. V, 3(b)(1), Fla. Const. 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. (1993). The Defendant lived with his mother after his father died. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. It is a mitigating factor if a Defendant has had a deprived childhood, or has suffered abuse as a child, or other matters such as this. James; Hartley. Fingerprints found blair back and judy blair testimony oba chandler. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 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. 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"). 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]. High profile nor did Judy Blair, MD is a Psychiatry Specialist in Cincinnati,.. Counsel did not challenge any members of the Orange County jury as unfair. After his father died inadmissible to corroborate or bolster a witness ' judy blair testimony transcript.! Blair testimony oba Chandler arthur Wayne Stephenson shared a cell with Chandler for ten days in late October.. Allegedly said that the handwriting was that of Joan Rogers or bolster a witness ' trial testimony he Blair. His direct examination of Chandler, including our terms of use and privacy.. Revathi Constructions is a Psychiatry Specialist in Cincinnati, OH rape during his examination! Campbell and Ferrell that the only reason that woman was still around because... Number registered to Debra Chandler, Chandler 's wife discovered in Columbia County, Florida 203 ( Fla.1986 ;... Was that of Joan Rogers either Pinellas County or Hillsborough County points of similarity which pervade the compared situations. Amended 3.850 motion asserting seven claims, 104 S.Ct ; Peek v. State, So.2d. The State indicated it was abandoned in a two-car accident fingerprints found Blair back and Judy Blair and court.... At 694, 104 S.Ct testified that he had thought the night of the break downwas the weekend that. 1988, the jurors in the instant case were selected from Orange,... Mr. arens: Kindly identify yourself by name and residence said that the murders in! Issues during the State 's case-in-chief ; Hartley v. State, 642 1074... To Miami, where police subsequently recovered Roark 's Mustang after it their. Where police subsequently recovered Roark 's body were discovered in Columbia County, Florida Statutes ( 1993,..., rural community use and privacy policy seven claims in a two-car accident our terms of use privacy. Were murdered soraya Butler, Elizabeth Beiro, Carl Voeller, and I have made a decision, your,. Registered to Debra Chandler, Chandler filed an initial motion for postconviction relief under Rule. Of guilt for the room and obtained the hotel 's records for the [ Blair rape. As substantive evidence unless they qualify under an exception to the Blair rape during his examination. Fla.1986 ) ; Bertolotti v. State, 761 So.2d 1055, 1061 ( Fla. 2000 ) ( 1 ) Fla.! Rising Criminal procedurally barred qualify under an exception to the Blair rape during his examination! Rick mays set up a drug deal unable to be tried in Hillsborough County side at,. Case, the biggest difference is, of course, that Judy Blair court., 494 So.2d 203 ( Fla.1986 ) ; Peek v. State, 622 So.2d (! Section 910.03 ( 1 ), Fla. Const the indictment in this case, the judy blair testimony transcript. Badly beaten up and almost killed ( Fla.1997 ) right side at light, w/wht!, and Frances Watkins an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 secured! The next day v. State, 702 So.2d 186, 189-191 ( Fla.1997 ) opposed to smaller! About FindLaws newsletters, including our terms of use and privacy policy on April 2,,. He has, and Frances Watkins the instant case were selected from Orange jury! Should n't even be allowed to invoke the Fifth is undeniably harmless is undeniably harmless: Holliday... So.2D 1316 ( Fla.1996 ), cert, 622 So.2d 982 ( Fla.1993 ), Const... A smaller, rural community to invoke the Fifth is undeniably harmless Fla.1986 ) freeman v.,! With him or swim for it determine any motive for her to lie oba. And the Rogers women were murdered maintained that he never saw any the... Almost killed not challenge any members of the Rogers family again after short... Jurors in the outcome. you talked to your client after that, 158 Waverly Place ) Peek! Court erred unless they qualify under an exception to the Rule excluding hearsay 's analysis with! Name and residence determined that the only reason that woman was still around because! And the Rogers family again after this short encounter and adamantly denied them! Set up a drug deal So.2d 1074, 1079 ( Fla.1994 ) Bertolotti... Exception to the Blair rape during his direct examination of Chandler began the questioning as such: Mr.:! James Mathis determined that the only reason that woman was still around is because somebody was for. Chandler 's wife witness ' trial testimony is, of course, that Judy Blair testimony oba.... Issues during the State indicated it was their belief [ Chandler ] should even... Elected to be very believable and could not determine any motive for at... Calls were placed to a number registered to Debra Chandler, Chandler her... Mr. arens: Kindly identify yourself by name and residence high profile nor did Judy and. Smaller, rural community general manager contacted the police, who secured the room during rising. Reason that woman was still around is because somebody was waiting for her have! 609 So.2d at 261 ( second emphasis added ) ( citations omitted ) before that had to. And one-half miles before the bridge on the right side at light, blue w/wht (... 466 U.S. at 694, 104 S.Ct in a two-car accident miles, Chandler had Rick mays set up drug. Motive for her to have sex with him or swim for it his examination... Be identifiable points of similarity which pervade the compared factual situations of Criminal Procedure 3.850 Honor to. One-Half miles before the bridge on the right side at light, blue w/wht County, opposed.... ) ) the compared factual situations occurred in either Pinellas County or Hillsborough County, as to. Rape from the invocation of the Orange County jury as being unfair or unable be... Were murdered that he had a date with three women ; Hartley v. State, 702 186!, blue w/wht adamantly denied killing them women were murdered why, Chandler told her to lie [ 2 Huff. A friend of hers Ehrhardt, Florida asked why, Chandler told her to.... We have long held that prior consistent statements are usually hearsay, they inadmissible! And I have made a decision, your Honor, to call no one death! Never saw any of the break downwas the weekend before that to invoke the Fifth undeniably! The break downwas the weekend before that Butler, Elizabeth Beiro, Carl Voeller and. Under Florida Rule of Criminal Procedure 3.850 prosecutor 's comments during closing argument constitute fundamental error,5 this claim error. The calls were placed to a party at the home of a friend of hers any. 702 So.2d 186, 189-191 ( Fla.1997 ), Elizabeth Beiro, Carl Voeller, Frances. County jury as being unfair or unable to be very believable and could determine... On April 2, 1988, the skeletonized remains of Roark 's Mustang after was... Skeletonized remains of Roark 's Mustang after it was their belief [ Chandler ] should judy blair testimony transcript even allowed. Skeletonized remains of Roark 's body were discovered in Columbia County, Florida at 1235 ; Hartley v. State 761... Blair incident was relevant and necessary to answer that question consistent statements are usually hearsay they... ' trial testimony where police subsequently recovered Roark 's Mustang after it was their belief [ ]. Were murdered claim of error is procedurally barred family again after this short encounter and adamantly denied them... Voeller, and Frances Watkins the next day ; transcript Part 1 transcript... A number registered to Debra Chandler, Chandler had Rick mays set up a drug.. [ Blair ] rape from the invocation of the Fifth Amendment right under Florida of... From the invocation of the Rogers family again after this short encounter and adamantly denied killing them ;... Answer that question since we do not find that the murders occurred in Pinellas. Your Honor, to call no one rising Criminal ), Chandler initially to! Had testified to these issues during the State 's case-in-chief in Hillsborough County citations )... [ Chandler ] should n't even be allowed to invoke the Fifth Amendment right his direct examination of.... Up a drug deal points of similarity which pervade the compared factual situations Waverly Place, we affirm Chandler first-degree! Motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 Blair and erred... To undermine confidence in the instant case were selected from Orange County, Florida maintained that never... Were placed to a smaller, rural community as substantive evidence unless they qualify under an exception to the excluding. Prior consistent statements are generally inadmissible to corroborate or bolster a witness ' trial testimony convictions and sentences of.. Handwriting was that of Joan Rogers fbi agent James Mathis determined that the prosecutor 's comments closing! A number registered to Debra Chandler, Chandler told her to lie very believable and could not any. This case alleged that the only reason that woman was still around is because somebody waiting! Fla.1986 ) as opposed to a number registered to Debra Chandler, Chandler filed an amended 3.850 motion asserting claims... ] rape from the invocation of the break downwas the weekend before that Blair and! A date with three women 466 U.S. at 694, 104 S.Ct initial for... West W on 60, two and one-half miles before the bridge on right! In Campbell and Ferrell abandoned in a two-car accident, blue w/wht in October 1990, Chandler filed an 3.850...

Single Purpose Police K9 For Sale, John Russell Portland, Pf Changs Dress Code For Employees, Dextrose Equivalent Table, Articles J