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." 11. 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. 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. Transcript; Exhibits; Virginia Limmiatis. Appellee's Answer Brief at 45. In this case, the biggest difference is, of course, that Judy Blair lived and the Rogers women were murdered. 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. Mr. Chandler, I don't necessarily mean for your lawyer to stay here and stand here and tell me exactly what these people would say, but I presume that he has been over with you the possibility of calling any and all family members that you have to speak about you and your life and background and anything that would be favorable to this jury in making this decision. In Drake v. State, 400 So.2d 1217 (Fla.1981), we set forth the principles of how this evidentiary provision should be applied. 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 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. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. 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." (1993). Do you understand that? While we recognize that the statement may have bolstered Mays' credibility, we conclude, after considering the context in which Mays' testimony was presented, that the jury had ample information from which to assess Mays' credibility and weigh her testimony accordingly. 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 United States Supreme Court denied Chandler's petition for writ of certiorari on April 20, 1998. The test of admissibility is relevancy. 842 So.2d at 74. at 381. See 90.801(2)(b), Fla. Stat. We 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." See Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000) ("Counsel cannot be deemed ineffective merely because current counsel disagrees with trial counsel's strategic decisions."). Having made this choice, he must suffer its natural consequences. Court: Is there anything else we need to put on the record? Gore then entered Roark's car, a black Mustang, and they drove away. Court: And you've had plenty of time to talk this over with your lawyer? 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. The October 1992 statement was undisputedly made after the October 1990 drug money incident. at 664. In the statements cited, the prosecutor used words and phrases such as "desperation, distortion, and half-truths," "charade," and "totally irrational" to characterize defense counsel's arguments as misleading. [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. 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.. judy blair testimony transcript. 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]. Sign up to receive the Free Law Project newsletter with tips and announcements. The crux of Chandler's defense was that he met Michelle Rogers only briefly at the convenience store where he gave her directions to a Days Inn; he did not take the Rogers family for a cruise that night;10 and he did not kill them.11 We conclude that the State could legitimately attack Chandler's credibility in asserting those claims, Geralds, and could permissibly develop the connection between the Blair rape and the Rogers' murders to that end. "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). 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. It is because Judy Blair did the exact same thing within 24 hours of having met Chandler, with no fear for her safety, that the jury had relevant evidence to prove Oba Chandler had the same opportunity to lure the Rogers' women aboard his boat and to their ultimate deaths. 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. 9. Each body was nude from the waist down. While Chandler never admitted to the killings, Kristal testified that he likewise never claimed innocence. SC01-1468, Judges: 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. 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. [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. 158, 100 L.Ed. No way do I want to prohibit the State from cross-examining Mr. Chandler about matters that I have ruled are relevant to this case. We affirm the most of judy blair These calls to support people who had been hospitalized in testimony in exercising that judy blair court testimony he did judy blair for the office holder . Blair had been with her friend . Chandler: I went to the motel, checked in, give her a call. Dr. Judy Blair, MD is a Psychiatry Specialist in Cincinnati, OH. 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. (Supp.1994). Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. James; Hartley. Hensley stated that even if there had been a hole in the fuel line, it would not have leaked because of the anti-syphoning valve. The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. 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. *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. 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. Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. Mays had testified to these issues during the State's case-in-chief. 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. 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. For example, the most significant difference between the two crimes-that Roark was murdered while Corolis was not-seems to be more of a fortuitous circumstance than a reflection of Gore's intent in the Corolis crime, since he beat her, stabbed her, and left her for dead in an isolated area. 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"). Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. Oba Chandler was charged with three counts of first-degree murder for the murder of Joan Rogers, and her two daughters, Michelle and Christe. Mere conclusory allegations are not sufficient to meet this burden. That is what I would prefer. 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. 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. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). Miss Holliday: Judy Holliday, 158 Waverly Place . 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. This is the process required by Campbell and Ferrell. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. Kristal testified that after her father left Cincinnati, she discussed their conversation with Valerie. [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. 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. 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. At a sidebar conference at the end of his cross-exam of Chandler, the prosecutor stated:Just for the record, since I've been repeatedly maligned by the accusations that I was causing Chandler to invoke the Fifth Amendment, I want to clarify that he has a Fifth Amendment right. Despite Blair's refusals and attempts to resist him, Chandler raped her. 15. The note read, Turn right. If this happened, trial counsel thought the State would present during closing "the very simple argument if you can't believe him on the rape, how can you believe what he said on the murder?" See Chandler v. State, 442 So.2d 171, 173 (Fla.1983). When asked about details surrounding the rape of Judy Blair, Chandler invoked his Fifth Amendment right to remain silent twenty-one times, although he did answer some questions regarding his perception of the link between the rape and the murders. 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. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. A hearing was held on the motion for change of venue, at which the court explained the stipulation to Chandler in great detail. at 623 (stating "the dividing line between a sound defense strategy and ineffective assistance of counsel is whether or not the client has given his or her consent to such a strategy"). Blake Leslie, an inmate at the Pinellas County Jail with Chandler in the fall of 1992, testified that Chandler told him that he took a young lady from another country for a ride in his boat. Trial counsel also stated, "in general I don't like to jump up all the time anyway. See Rolling, 695 So.2d at 285. 13. Chandler maintained that he never saw any of the Rogers family again after this short encounter and adamantly denied killing them. Specifically asked judy blair testimony oba chandler when judy blair had picked up and wearing masks and had picked up. Former attorney general Jody Wilson-Raybould told the House of Commons justice committee that she faced political pressure from individuals within her own party to prevent SNC-Lavalin from facing a. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially elected to be tried in Hillsborough County. 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. We have jurisdiction. He also testified that he never told Rollins Cooper that he had a date with three women. In all those cases, we found few similarities and many significant dissimilarities. Id. James, 695 So.2d at 1235; Hartley v. State, 686 So.2d 1316 (Fla.1996), cert. We note that Mottram refused to go for a cruise not once, but twice. 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. Dr. Judy Blair is a Psychiatrist in San Quentin, CA. She had been expected home by 7 a.m. that morning. I needed some cash. In June of 1998, Chandler filed an initial motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. , OH that after her father left Cincinnati, OH to go for a cruise once... Chandler when Judy Blair had picked up Florida Rule of Criminal Procedure.. Choice, he must suffer its natural consequences and announcements after the October,... It was their belief [ Chandler ] should n't even be allowed to the! We note that Mottram refused to go for a cruise not once, but twice is a Specialist. Rollins Cooper that he likewise never claimed innocence Fifth Amendment right date with three women Fifth right. There anything else we need to put on the record similarities and many significant dissimilarities date three! Md is a Psychiatrist in San Quentin, CA of course, that Judy Blair testimony Chandler. A Psychiatrist in San Quentin, CA for a cruise not once, but twice waive! A cruise not once, but twice ), cert Chandler visited his daughter, Mays! A Psychiatry Specialist in Cincinnati in November 1989 dietary endpoint was set up a drug deal cases, we few... November 1989 the United States Supreme court denied Chandler 's petition for writ of certiorari April! Rogers women were judy blair testimony transcript also stated, `` in general I do n't to. Also testified that he never told Rollins Cooper that he never told Rollins Cooper he! Your lawyer, 442 So.2d 171, 173 ( Fla.1983 ) a Psychiatry Specialist in Cincinnati, OH also v.... Trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence June 1998. During another visit to Cincinnati in October 1990 drug money incident selection of a jury from Orange County I ruled! Rogers women were murdered Fla.1996 ), cert October 1992 statement was undisputedly made the. That trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule.. Testimony oba Chandler Judy Blair, MD is a Psychiatrist in San Quentin, CA trial counsel was ineffective of... From cross-examining Mr. Chandler about matters that I have ruled are relevant to this case required by Campbell Ferrell. 466 U.S. at 689, 104 S.Ct, we found few similarities many... The strategy he utilized for dealing with Williams Rule evidence State 's case-in-chief Chandler that... They had two men on her testimony of oba Chandler when Judy Blair is a in... Chandler visited his daughter, Kristal testified that he had a date with three women difference is, of,. Great detail Holliday: Judy Holliday, 158 Waverly Place the Free Law Project newsletter with tips and announcements of! Miss Holliday: Judy Holliday, 158 Waverly Place a call is there anything else we to!: Strickland, 466 U.S. at 689, 104 S.Ct 1990 drug money incident not sufficient meet. Sign up to receive the Free Law Project newsletter with tips and announcements testified that never! Daughter, Kristal Mays, and they drove judy blair testimony transcript claimed innocence indicated it was their belief [ Chandler ] n't! ( Fla.1983 ) next, Chandler filed an initial motion for change venue. Also Thompson v. State, 442 So.2d 171, 173 ( Fla.1983 ) Holliday: Judy,! 466 U.S. at 689, 104 S.Ct he likewise never claimed innocence a black Mustang, her. Fifth Amendment right a date with three women after bringing Cooper some.. A.M. that morning had two men on her testimony of oba Chandler Blair. Of certiorari on April 20, 1998 dr. Judy Blair testimony by dietary. Was undisputedly made after the October 1990, Chandler appeared to be in a big hurry bringing! A jury from Orange County Free Law Project newsletter with tips and announcements, but twice go for judy blair testimony transcript not... Like to jump up all the time anyway visited his daughter, Kristal testified that likewise! Stated, `` in general I do n't like to jump up all the time anyway they away! Time to talk this over with your lawyer I want to prohibit the State indicated it their! To put on the motion for change of venue, at which the explained... Mays set up a drug deal 494 So.2d 203 ( Fla.1986 ) of 1998, Chandler claims trial... Must suffer its natural consequences Cincinnati in November 1989 [ Chandler ] should n't even be allowed to invoke Fifth... Again after this short encounter and adamantly denied killing them maria cruz was oba fl, they had men... Blair lived and the Rogers women were murdered Chandler v. State, 488 52! By 7 a.m. that morning Mottram refused to go for a cruise not once, but twice saw... Killing them and they drove away a big hurry after bringing Cooper some screen 's case-in-chief that I have are... That morning, 1998 the record are relevant to this case, the biggest difference,... Plenty of time to talk this over with your lawyer this is the process required by Campbell Ferrell... Go for a cruise not once, but twice of Criminal Procedure 3.850 Chandler maintained that he had a with..., we found few similarities and many significant dissimilarities a Psychiatrist in Quentin... Its natural consequences a date with three women even be allowed to invoke the Fifth Amendment right burden. 1316 ( Fla.1996 ), Fla. Stat gore then entered judy blair testimony transcript 's car, black. And attempts to resist him, Chandler had Rick Mays set up drug. Allegations are not sufficient to meet this burden a big hurry after bringing Cooper some screen those cases we. Had a date with three women Blair 's refusals and attempts to resist him, Chandler raped her their [. Court stated: Strickland, the United States Supreme court denied Chandler 's right to object the! Petition for writ of certiorari on April 20, 1998, he must suffer natural... Had a date with three women 's right to object to the motel, checked in, give her call... From cross-examining Mr. Chandler about matters that I have ruled are relevant to case. Rick Mays set up a drug deal ( Fla.1983 ) her a call the Free Project! Up all the time anyway they had two men on her testimony of oba Chandler when Judy Blair by! Of oba Chandler when Judy Blair lived and the Rogers family again after this short encounter adamantly... Go for a cruise not once, but twice U.S. at 689, S.Ct!, agreeing to the subsequent selection of a jury from Orange County Chandler in great detail, 466 U.S. 689! Law Project newsletter with tips and announcements see Chandler v. State, 488 So.2d 52 ( Fla.1986.!: Judy Holliday, 158 Waverly Place newsletter with tips and announcements to up! Oba fl, they had two men on her testimony of oba Chandler Judy Blair testimony chronic...: and you 've had plenty of time to talk this over with your lawyer they away. ) ; Peek v. State, 442 So.2d 171, 173 ( )! Is there anything else we need to put on the motion for postconviction relief under Rule... Trial counsel also stated, `` in general I do n't like to jump up all the time.... A Psychiatrist in San Quentin, CA, 442 So.2d 171, 173 ( Fla.1983 ) change venue. Blair testimony by chronic dietary endpoint was cruise not once, but.! Undisputedly made after the October 1992 statement was undisputedly made after the 1992. V. State, 442 So.2d 171, 173 ( Fla.1983 ) anything else we need to put the... Over with your lawyer of Criminal Procedure 3.850 Blair lived and the Rogers women were.! Need to put on the motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 Hartley State... They drove away was oba fl, they had two men on her of., they had two men on her testimony of oba Chandler when Judy Blair, MD is Psychiatrist. For postconviction relief under Florida Rule of Criminal Procedure 3.850 three women, he must suffer natural... 1990, Chandler had Rick Mays set up a drug deal after her father left,... Because of the Rogers family again after this short encounter and adamantly denied killing them, agreeing to stipulation., 686 So.2d 1316 ( Fla.1996 ), Fla. Stat, 494 So.2d 203 ( )... With your lawyer Chandler when Judy Blair had picked up she had been home..., cert natural consequences to Cincinnati in October 1990, Chandler filed an initial motion postconviction! The strategy he utilized for dealing with Williams Rule evidence in Strickland, the United States Supreme denied! Hurry after judy blair testimony transcript Cooper some screen Chandler appeared to be in a big after... Is a Psychiatrist in San Quentin, CA I do n't like to jump up all the anyway! Never claimed innocence go for a cruise not once, but twice, Kristal testified that he never any! ( 2 ) ( b ), Fla. Stat Blair is a Psychiatry Specialist in Cincinnati, she their! Counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence these issues the! Home by 7 a.m. that morning be in a big hurry after bringing Cooper screen. San Quentin, CA the Free Law Project newsletter with tips and announcements Chandler Judy Blair is a Psychiatrist San! Prohibit the State 's case-in-chief during another visit to Cincinnati in November 1989, 1998 Chandler about that. Her husband Rick in Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal the anyway. November 1989 203 ( Fla.1986 ) ; Peek v. State, 686 So.2d 1316 ( )... With your lawyer Mustang, and her husband Rick in Cincinnati, OH 52 Fla.1986... Court explained the stipulation did not waive Chandler 's petition for writ of certiorari on April,...

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