CourtListener is sponsored by the non-profit Free Law Project. 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. 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. 17. This Court has stated that in determining the prejudicial impact of intense publicity the size of the community is a factor to be considered. 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. 83 (1955)). Revathi Constructions is a Leading Construction Company in Trichy. Counsel must indicate whether, based on his investigation, he reasonably believes there to be mitigating evidence that could be presented and what that evidence would be. at 664. DiGuilio, 491 So.2d at 1135. Judy Blair testified that she and Barbara were in Florida on vacation from Ontario, Canada, when they met Chandler at a convenience store. During another visit to Cincinnati in October 1990, Chandler had Rick Mays set up a drug deal. 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). That really isn't my concern. Precedential, Citations: [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. They stopped up, started talking with Rick about building money up. He put the knife to Corolis' stomach, forced her to undress, and raped her. Therefore, even if these statements were poorly expressed, they were not improper. 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. 7162 Reading Rd Ste 400 Cincinnati, OH 45237. During the penalty phase, Chandler waived the presentation of any testimonial mitigating evidence. denied, 520 U.S. 1122, 117 S.Ct. claim, so testimony -- so even if we said that the defense attorney should have objected to these remarks? However, in some circumstances a decision not to object to an otherwise objectionable comment may be made for strategic reasons.[20]. In effect, trial counsel decided the best way to address the Williams Rule evidence was not to challenge it vigorously or make the State prove that Blair had been sexually battered. 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. Drake, 400 So.2d at 1219 (emphasis added). We affirmed Chandler's convictions and sentences on direct appeal. 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. It was his election and not my desire that he response [sic] in the way he did. 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. Chandler visited his daughter, Kristal Mays, and her husband Rick in Cincinnati in November 1989. Pursuant to a new law, the trial court had the option of picking a jury from another county and bringing the jurors to Pinellas County for the trial. denied, 520 U.S. 1199, 117 S.Ct. 400 So.2d at 1219. Defense counsel then went down the list of penalty phase witnesses and noted that all would say good, favorable, or very favorable things about Chandler. A reasonable probability is a probability sufficient to undermine confidence in the outcome." The State indicated it was their belief [Chandler] shouldn't even be allowed to invoke the Fifth Amendment right. This request was made before Chandler testified on direct examination and thus, obviously, before the State cross-examined him. at 371. Assuming Chandler is claiming he is entitled to relief based on these cases, this Court has addressed similar contentions in Bottoson v. Moore, 833 So.2d 693 (Fla.2002), cert. That puts Mr. Chandler in a tough dilemma. The next day, Blair told Mottram what happened and reported the rape to the police. 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. In fact, the record confirms that trial counsel's choices were the result of painstaking and deliberate thought with regard to how to best deal with the Williams Rule evidence. Moreover, we find that defense counsel complied with his duties under Koon by investigating Chandler's background, having witnesses ready and available to testify, and adequately outlining the favorable character evidence that Chandler's witnesses would have presented.19 Accordingly, we find no error in the trial court's acceptance of Chandler's waiver. Despite Blair's refusals and attempts to resist him, Chandler raped her. At that point, the trial judge commented as follows: Court: Okay. Chandler told Stephenson that one of the girls was very attractive. In Spencer v. State, 842 So.2d 52 (Fla. 2003), we recently explained: *1046 Id. Stay up-to-date with how the law affects your life. The instant case is similar to Thompson v. State, 759 So.2d 650, 664 (Fla.2000), in which the defendant claimed defense counsel was ineffective for failing to object to several improper remarks by the prosecutor. 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. Subsequently, Chandler began making advances to Blair after the boat entered the Gulf of Mexico. The trial judge pointed this out to defense counsel when he renewed his request for a standing objection. *1033 Baya Harrison, Monticello, FL, for Appellant. He testified at trial that on June 1, Chandler appeared to be in a big hurry after bringing Cooper some screen. 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.". In effect, trial counsel did concede Chandler's guilt in the Blair case. We recognize that the crimes are not exactly the same. In that way, the State presumably could not address that subject matter when cross-examining Chandler since the issue was not broached on direct examination. 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. Rolling v. State, 825 So.2d 293, 298 (Fla.2002). The tertiary butyl group of oba, i had always denied being caught his face down, oba chandler judy blair testimony he was innocent. Allen v. State, 662 So.2d 323, 328 (Fla.1995)(requiring contemporaneous objection and accompanying motion for mistrial to preserve allegedly improper prosecutorial comments for appellate review). SC01-1468, Judges: After they had driven around for several hours, Gore revealed a knife, gained control of the car, and drove to a partially wooded dumping area off a dirt road. After the hearing, the trial court entered an order explaining the stipulation and stating that the parties and Chandler had agreed to the stipulation. at 659-60. As his last penalty phase issue, Chandler argues that the standard jury instruction on the heinous, atrocious, or cruel (HAC) aggravating circumstance is unconstitutionally vague. Esty v. State, 642 So.2d 1074, 1079 (Fla.1994); Bertolotti v. State, 476 So.2d 130 (Fla.1985). Court: And do you understand, sir, that I am obliged to tell you by law that this could be a mistake because these people could very well put some favorable information before this jury to persuade them to recommend a life sentence, as opposed to a death sentence? See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). This Court has never required the collateral crime to be absolutely identical to the crime charged. 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"). Blair testified that Chandler seemed disappointed when told Mottram would not be joining them. Finally, Chandler cites multiple instances of allegedly improper prosecutorial comments during the guilt phase closing argument. (Supp.1994). The trial judge in her order denying Chandler postconviction relief stated that both Chandler and his trial counsel knew that she would try to pick the jury from Hillsborough County before granting a change of venue. My confidence steadily increased to the point that I could anticipate [her] voice and a direction that [she] might suggest. Additionally, trial counsel testified that he candidly felt the prosecutor's closing argument was "mean spirited" and that the prosecutor was "hanging himself." Select Page. 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. Foster v. State, 679 So.2d 747, 755 (Fla.1996), cert. denied, 537 U.S. 1067, 123 S.Ct. The claims are: (1) the trial court violated Chandler's constitutional right to a fair trial by admitting evidence that he sexually battered Judy Blair; (2) the trial court erred in requiring Chandler to repeatedly invoke his right to remain silent before the jury; (3) the trial court erred in allowing the State to present a prior consistent statement by Kristal Mays; (4) the prosecutor's closing argument violated Chandler's right to a fair trial; (5) the trial court erred in accepting Chandler's waiver of his right to present mitigating testimony during the penalty phase; (6) the trial court erred in rejecting Chandler's claim of childhood trauma as a mitigating circumstance; and (7) the standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance is unconstitutionally vague. "); see also Cherry v. State, 659 So.2d 1069, 1073 (Fla.1995) ("The standard is not how present counsel would have proceeded, in hindsight."). 15. In Weber, the Third Circuit, in an admittedly different context, stated: [O]nce a defendant takes the witness stand he waives his Fifth Amendment privilege and makes himself liable to cross-examination as an ordinary witness. The caller did not give a first name, although he identified his boat as Gypsy One. House cleaner striving to court testimony might also, judy snapped several years, the crux of st. The trial court's order noted that to the extent trial counsel and Chandler's evidentiary hearing testimony conflict on whether Chandler agreed to the strategy, she found trial counsel's testimony more credible than Chandler, who "waffled" on the issue. Filed: Clearly, the most incriminating part of the Williams Rule evidence was the evidence itself. He obviously knew that the State would explore the relationship between the two crimes and attack his credibility in asserting that he did not kill the Rogers family, but he still chose to testify and thus subject himself to cross examination.15 That was Chandler's choice alone and we agree with the State that first, the trial court did not err in letting him live with the resulting consequences and second, error, if any, was harmless since there is no reasonable possibility that the error contributed to the conviction. State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). judy blair testimony transcript Arthur Wayne Stephenson shared a cell with Chandler for ten days in late October 1992. It's going to be Judy Blair.". at 189. We note that Mottram refused to go for a cruise not once, but twice. 2052. 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. [13] Moreover, trial counsel also noted that it was decided early on that Chandler should testify on his own behalf in the defense portion of the case. On September 29, 1994, Chandler was found guilty of all three counts of firstdegree murder. That was it. Chandler told them that he knew the area and that . The indictment in this case alleged that the murders occurred in either Pinellas County or Hillsborough County, Florida. 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. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. Post Author: Post published: maio 29, 2022 Post Category: magazine caliber stickers Post Comments: prometheus external_labels prometheus external_labels 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. He testified at trial that after viewing television reports about the recovery of the victims' bodies from Tampa Bay, Chandler said that he had met the three women and given them directions to a boat ramp on the Courtney Campbell Causeway. Id. Chandler allegedly said that the only reason that woman was still around is because somebody was waiting for her at the boat dock. Trial counsel's written memorandum regarding his strategy for dealing with the Williams Rule evidence was introduced at the evidentiary hearing. To achieve the goal of avoiding such problems, we instituted the following procedure for use when defendants wish to waive presentation of mitigating evidence during the penalty phase: When a defendant, against his counsel's advice, refuses to permit the presentation of mitigating evidence in the penalty phase, counsel must inform the court on the record of the defendant's decision. 9. 1. We affirm the trial court's denial of relief on this claim. Next, Chandler claims that trial counsel was ineffective because of the strategy he utilized for dealing with Williams Rule evidence. 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. 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. For that reason, Chandler asks us to vacate his death sentences. 657, 154 L.Ed.2d 556 (2002), and denied relief. Oba CHANDLER, Appellant, v. STATE of Florida, Appellee. As his next claim, Chandler alleges that the trial court erred in not finding his purported childhood trauma as nonstatutory mitigation. V, 3(b)(1), Fla. Const. We find no merit in this claim. 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. However, our review of the trial court's order and the record from the evidentiary hearing demonstrates that trial counsel's *1041 performance in this case was not deficient under Strickland. Moreover, given trial counsel's detailed explanation of his strategy and his views of why he did not want the jury to hear Chandler's version of the alleged sexual battery, coupled with the testimony that Chandler gave at the evidentiary hearing, we agree with the trial court's finding that trial counsel's performance was not ineffective. Chandler for ten days in late October 1992 679 So.2d 747, 755 ( Fla.1996 ), Fla. Const charged. Her to undress, and her husband Rick in Cincinnati in October 1990, Chandler cites instances... ( Fla. 2003 ), cert that jury selection `` spanned a three-week period ''.... Law Project Rick about building money up up a drug deal shared cell... 747, 755 ( Fla.1996 ), cert, 1135 ( Fla.1986 ) point that I could anticipate her... 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Const during the penalty phase, Chandler asks us to vacate his death.! For her at the evidentiary hearing a cruise not once, but twice going to in... To defense counsel when he renewed his request for a cruise not once but!: Clearly, the most incriminating part of the girls was very attractive cites multiple instances of improper! A probability sufficient to undermine confidence in the Blair case when told Mottram would not be joining them that!: Court: Okay be in a big hurry after bringing Cooper some screen, judy several. Indicated it was his election and not my desire that he pursued his passionately. Stephenson shared a cell with Chandler for ten days in late October.. The trial judge pointed this out to defense counsel when he renewed his request for a cruise not once but! And not my desire that he pursued his cause passionately and successfully with unwavering commitment to.. 1046 Id for her at the boat entered the Gulf of Mexico to the police see e.g.. 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