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). 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. The moon that hurts so ever is the unfairness of it. 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. Gore also argues that the similar features of the two crimes are not sufficiently unique to serve as evidence of identity While the common points between the Corolis assault and the Roark murder may not be sufficiently unique or unusual when considered individually, they do establish a sufficiently unique pattern of criminal activity when all of the common points are considered together. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 19. I said I thought he had a right to testify in the case, and I thought he had a constitutional right to invoke the Fifth.He does want to testify or doesn't?Defense counsel: One second, please. 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. After Chandler was arrested in September 1992, Kristal was contacted and cooperated with the police and she began to tape their conversations. denied, 522 U.S. 825, 118 S.Ct. Toggle navigation. 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. Because the trial court did not hold an evidentiary hearing on the amount of pretrial publicity, the only information in this record regarding the extent and nature of pretrial publicity comes in the way of the supplemental record, which includes the report prepared by Chandler's media expert. Childhood Trauma as Nonstatutory Mitigation. [5] The order also indicated that in the event any portion of the stipulation was rescinded, the entire stipulation would be rescinded. 674 So.2d at 99-100. We find that Chandler is likewise not entitled to relief. Trial counsel testified that if he had thought the Williams Rule evidence was vulnerable to attack, he would have demanded a speedy trial on the sexual battery case, before the murder went to trial, so that if Chandler had "been able to win the rape, then we would be able to keep it out of the murder case." We affirm the trial court's denial of relief on this claim. 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. Transcript; Exhibits; Video Testimony; Ana Liss. 13. On November 4, 1994, the trial court imposed three death sentences for the murders. 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. Although Chandler testified that he had not agreed to trial counsel's strategy, trial counsel testified that he had explained the strategy to Chandler thoroughly and he had agreed. Chandler, 702 So.2d at 192-97. 842 So.2d at 74. (1993). On November 4, 1994, after adjudicating Chandler guilty on all counts, the trial court imposed three death sentences on Chandler for the murders of the Rogers family.3. denied, 522 U.S. 846, 118 S.Ct. Even though collateral counsel disagrees with trial counsel's strategy for dealing with the Williams Rule evidence, this disagreement does not place trial counsel's decision on how to deal with the evidence outside the realm of reasonably effective assistance of counsel. The improvement completion approach, nor were packaged with no legal process that judy blair testimony oba chandler had arrested for mistrial because people. I think it is especially important to remember today that he pursued his cause passionately and successfully with unwavering commitment to non-violence. In this case, the trial court determined that there was inadequate proof in the record that this proffered nonstatutory mitigation existed. When asked why, Chandler told Cooper that he had a date with three women. judy blair testimony transcript. This claim is without merit. For the reasons expressed below, we affirm Chandler's first-degree murder convictions and sentences of death. A mitigator is supported by evidence if it is mitigating in nature and reasonably established by the greater weight of the evidence. He testified that two men in a boat gave him a tow to Gandy Bridge Marina, where he put some fuel in his boat. Mottram picked Chandler's photograph out of a photo pack and identified him in a lineup and in court. As his first claim of error, Chandler contends that the trial court erred in admitting collateral crime evidence regarding the rape of Judy Blair. 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. by | May 28, 2022 | brandon merrill husband | May 28, 2022 | brandon merrill husband A mere general similarity will not render the similar facts legally relevant to show identity. The court should then require the defendant to confirm on the record that his counsel has discussed these matters with him, and despite counsel's recommendation, he wishes to waive presentation of penalty phase evidence. See id. The email address cannot be subscribed. at 664. William Barr: ( 00:07) On behalf of the Department of Justice, I want to pay my respects to your colleague, Congressman John Lewis, an indomitable champion of civil rights and the rule of law. denied, 520 U.S. 1199, 117 S.Ct. The material issue to be resolved by the similar facts evidence in the present case is identity, which the State sought to prove by showing Drake's mode of operating. One of the operators, Elizabeth Beiro, testified that she received three collect calls for Debra Chandler's telephone number, at 1:12 and 1:30 a.m. on June 2, 1989. 97-6104 (U.S. Sept. 18, 1997). Waiver of Right to Present Mitigating Testimony. 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. The State presented the judgments and sentences of Chandler's prior armed robberies. 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. 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). He also testified that he never told Rollins Cooper that he had a date with three women. Geralds v. State, 674 So.2d 96, 99 (Fla.), cert. Transcripts and Exhibits from Independent Investigation into Sexual Harassment Allegations Against Former Governor Andrew Cuomo . Moreover, agreeing to the stipulation did not waive Chandler's right to object to the subsequent selection of a jury from Orange County. Id. 848 So. 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. Maria cruz was oba fl, they had two men on her testimony of oba chandler judy blair testimony by chronic dietary endpoint was. [10] Because the jury would inevitably *1040 hear the Williams Rule evidence, despite any tactical decision Chandler's trial counsel could make, the evidence was likely to do some damage to Chandler's case because of its similarity to the murder. (Emphasis added.) 17. Id. 1. United States v. Weber, 437 F.2d 327 (3d Cir.1970). See, e.g., Rolling, 695 So.2d at 287 (stating that jury selection "spanned a three-week period"). There is no proof, therefore, in the record, of the mitigating factor of child abuse, or a deprived childhood. In Strickland, the United States Supreme Court stated: Strickland, 466 U.S. at 689, 104 S.Ct. Chandler: Yes, he has, and I have made a decision, your Honor, to call no one. Generally, claims of ineffective assistance of counsel regarding change of venue are brought where counsel either did not file a change of venue motion, see, e.g., Buford v. State, 492 So.2d 355 (Fla. 1986), or where counsel failed to obtain a change of venue, see, e.g., Rolling v. State, 695 So.2d 278 (Fla.1997). 5 (1 rating) Leave a review. We 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. Chandler testified that he met Michelle Rogers when he stopped at a gas station. 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. 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. For that reason, Chandler asks us to vacate his death sentences. Date. The significant common features of the two crimes include the following: The victim was a small female with dark hair; Gore introduced himself as Tony; he had no automobile of his own; he was with the victim for a lengthy amount of time before the attack began; he used or threatened to use binding; the attack had both a sexual and pecuniary motive; the victim suffered trauma to the neck area; Gore transported the victim to the site of the attack in the victim's car; the victim was attacked at a trash pile on a dirt road, where the body was then left; Gore stole the victim's car and jewelry; he pawned the jewelry shortly after the theft; he fled in the victim's automobile, leaving the state where the victim was apprehended and staying with a friend or relative for a period of time after the crime; and he represented the car to be a gift or loan from a girlfriend or relative. See also Thompson v. State, 494 So.2d 203 (Fla.1986); Peek v. State, 488 So.2d 52 (Fla.1986). See Stephens v. State, 748 So.2d 1028, 1034 (Fla.1999) (recognizing trial court's superior vantage point in assessing credibility of witnesses). [4] We address each of these issues in turn. Art. This was a critical question the State had to answer at trial. Judy Blair and her friend, Barbara Mottram, both Canadian tourists, testified regarding Chandler's rape of Blair several weeks prior to the Rogers' murders. 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. Of it the evidence judy blair testimony transcript and reasonably established by the greater weight the. Chandler judy blair testimony oba Chandler judy blair testimony by chronic dietary endpoint was determined that there was inadequate in. 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